EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to this Agreement submits to the jurisdiction of the Court and will be bound by the terms of this Settlement (including, without limitation, any and all Releases).
11.2 This Agreement shall be the sole and exclusive remedy for any and all claims of Settlement Class Members against Defendants arising from or in any way related to any debt collection, credit reporting or other practices and upon entry of the Final Approval Order, each Settlement Class Member shall be barred from initiating, asserting, or prosecuting any such claims against any Released Party.
11.3 Upon entry of the Final Approval Order, each of the actions comprising the Litigation shall be dismissed with prejudice.
11.4 The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Agreement and the Court’s orders and judgments. In the event of a breach by Defendants or a Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive relief.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. Each and every Settlement Class Member who has not properly filed a timely written request for exclusion from the Settlement Classes submits to the jurisdiction of the Court in which they are a member of the certified Settlement Class and will be bound by the terms of this Agreement (including, without limitation, any and all releases).
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 10.1 This Agreement shall be the sole and exclusive remedy for every Class Member with respect to any and all Settled Claims. Upon entry of the Final Order and Judgment, each member of the Settlement Class shall be barred from initiating, asserting, or prosecuting any claim that is released by operation of this Agreement and the Final Order and Judgment. In the event any member of the Settlement Class attempts to prosecute an action in contravention of the Final Order and Judgment and this Agreement, counsel for any of the Parties may forward this Agreement and the Final Order and Judgment to such Class Member and advise him, her, or it of the releases provided pursuant to this Agreement. If so requested by Defendant or counsel for Defendant, Class Counsel shall provide this information to the Settlement Class Member.
10.2 Upon entry of Final Order and Judgment, the Action shall be dismissed with
10.3 The Court will retain exclusive and continuing jurisdiction over the action and all Parties to interpret and enforce the terms, conditions, and obligations of this Agreement.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 12.1 The terms and conditions of this Agreement shall constitute the sole and exclusive remedy for any and all Settled Claims of Class Members against Defendants; and upon entry of the Final Order and Judgment by the Court, each Class Member who has not opted out of the Class shall be barred from initiating, asserting or prosecuting any Settled Claims against Defendants.
12.2 From and after the entry of the Final Order and Judgment, no action or proceeding may be brought by any public or private party on behalf of a Class Member in which any Settled Claim is asserted or the subject of inquiry; nor may any Class Member commence or remain a member of a class action or be the beneficiary of any state or federal proceeding in which any of the Settled Claims is asserted against any of the Defendants or is the subject of inquiry. As soon as practicable after the Settlement Date, the Complaint in the Action shall be dismissed.
12.3 The Court shall retain exclusive and continuing jurisdiction of the Action, all Parties and Class Members, to interpret and enforce the terms, conditions, and obligations of this Agreement, including any question regarding the proper administration of the Settlement Agreement.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 13.1 This Agreement shall be the sole and exclusive remedy for any and all Released Claims. Upon entry of the Final Order and Judgment, each Settlement Class Member shall be barred from initiating, asserting, or prosecuting any Released Claims against Google or the Releasees. If any Settlement Class Member attempts to prosecute an action in contravention of the Final Order and Judgment and this Agreement, counsel for any of the Parties may forward this Agreement and the Final Order and Judgment to such Settlement Class Member and advise him, her, or it of the releases provided pursuant to this Agreement.
13.2 Upon entry of Final Order and Judgment, the Action shall be dismissed with prejudice.
13.3 Before pursuing relief or submitting any dispute relating to this Agreement or the Actions to the Court, the Parties and Class Counsel agree to mediate the dispute before Magistrate Judge Xxxxxx Xxx of the Northern District of California.
13.4 The exclusive jurisdiction for any court action, suit or proceeding arising out of or related to this Agreement shall be the federal or state courts of Santa Xxxxx County, California. The Parties (i) irrevocably submit to the personal jurisdiction of;
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 13.1 This Agreement shall be the sole and exclusive remedy for any and all claims of Settlement Class members against Louisiana-Pacific. Upon entry of the Final Order and Judgment by the Court, each Settlement Class member who has not opted out of the Settlement Class shall be barred from initiating, asserting or prosecuting any claims against Louisiana-Pacific except as provided herein.
13.2 On the Settlement date, the Action shall be dismissed subject to the reactivation of claims as provided in Section 18 of this Agreement. Settlement Class members may not commence or actively prosecute actions on Settled Claims against Louisiana-Pacific once the Final Order and Judgment is entered. Class Counsel agree to provide reasonable cooperation to dismiss any other actions of any Settlement Class member for Settled Claims pending in state or federal courts against Louisiana-Pacific.
13.3 The Court shall retain exclusive and continuing jurisdiction of the Action, the Parties, and Settlement Class members, to interpret and enforce the terms, conditions, and obligations of this Agreement.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT the Attorneys General Settlement is incorporated herein by reference, except as modified below.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 15.1 Each and every member of the Settlement Class who does not request exclusion pursuant to this Agreement submits to the jurisdiction of the Court and will be bound by the terms of this Settlement (including, without limitation, section 6).
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. I. Each and every member of the Settlement Class who has not requested exclusion pursuant to Section I submits to the jurisdiction of the Coutt and will be bound by the terms of this Agreement (including, without limitation, any and all releases), conditioned upon the occurrence of the Effective Date of this Agreement, as well as any other Coutt orders including, without limitation, the Final Order and Judgment barring further litigation against the Released Parties with respect to any of the Released Claims.
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 13.1 This Agreement shall be the sole and exclusive remedy for any and all Settled Claims of Settlement Class members against Defendants arising from the use of Exterior Inner-Seal(TM) Siding, and upon entry of the Final Order and Judgment by the Court, each Settlement Class member who has not opted out of the Settlement Class or Settlement Class members who acquire Property containing Exterior Inner-Seal Siding after the Initial Notice Date and who do not opt out in the Subsequent Notice Periods, shall be barred from initiating, asserting, or prosecuting any Settled Claims against Defendants.
13.2 On the Settlement Date, the Complaint shall be dismissed subject to the reactivation of claims as provided in Section 20 of this Agreement. Except as provided in Section 20 of this Agreement, Settlement Class members may not commence or actively prosecute actions on Settled Claims against any Defendant once the Final Order and Judgment is entered.
13.3 The Court shall retain exclusive and continuing jurisdiction of the Action, all Parties and Settlement Class members, to interpret and enforce the terms, conditions, and obligations of this Agreement.
