Fairness of Settlement Sample Clauses

Fairness of Settlement. The Parties agree that this settlement is fair and reasonable and adequate to provide complete satisfaction of the interests of the People of the State of California, California consumers and taxpayers, the State of California, and its political subdivisions and public agencies, as well as the People of the States of Nevada, Oregon, and Washington, including full and adequate restitution of any allegedly unjust gains or allegedly improper overcharges obtained by the El Paso Releasees, or any of them, for the claims released herein.

Fairness of Settlement. 22 8. The Agreement is entitled to a presumption of fairness. Dunk x. Xxxx Motor Co.

Fairness of Settlement. Shareholder acknowledges and recognizes that the number of shares being issued pursuant to Section 2 hereof constitutes approximately fifteen percent (15%) of the maximum number of Earn Out Shares that Shareholder may claim to have been entitled to receive based upon the language within the Agreement and Plan of Reorganization and in the Earn Out Shares Agreement as applied in a light most favorable to the Shareholder. Shareholder believes the settlement described herein, and the consideration being issued by USPL as part of the Settlement Agreement, to be fair and just and Shareholder desires to settle rather than to risk litigation or risk that the Earn Out Shares may never be earned within the time frame specified in the Earn Out Shares Agreement and/or the Agreement and Plan of Reorganization.

Fairness of Settlement. Class Counsel has conducted a thorough investigation into the facts of the case, including an extensive review of documents and data produced by Defendant to Plaintiff, and has diligently pursued investigation and prosecution of Plaintiff’s claims against Defendant. Based on their own independent investigation and evaluation, Class Counsel is of the opinion that this settlement with Defendant for the consideration and the terms of the Agreement is fair, reasonable, adequate, and in the best interest of the potential Settlement Class Members in light of all known facts and circumstances, including the risk of delay, the defenses asserted by Defendant, and potential issues related to class certification. In making these determinations, Class Counsel and Plaintiff have not relied on any representations of Defendant or Defendant’s Counsel that are not expressly stated herein. Defendant and Defendant’s Counsel also agree the settlement is a reasonable and fair compromise of the disputed issues.

Fairness of Settlement. 1.) Plaintiffs, on behalf of themselves and the Settlement Class Members: a.) Contend that: CSST is unreasonably dangerous as designed, manufactured, marketed, sold, distributed and/or placed into the stream of commerce; CSST poses an unreasonable risk and/or danger of fire due to lightning strikes; CSST was designed, manufactured, marketed, sold, distributed and/or placed into the stream of commerce without sufficient thickness to protect against combustion after a lightning strike; CSST has a wall of thickness of approximately .2 mm, whereas traditional black pipe has a wall thickness of 4 mm; Defendants failed to warn that the product must be used in conjunction with lightning protection systems and/or bonding and grounding systems in order to be safely used or in the alternative, the product was improperly installed by third-party installers without proper bonding and/or grounding; and, as a result, CSST is likely to have a puncture and/or perforation allowing combustion and fire; b.) Contend that: CSST is a hazardous and unreasonably dangerous product that poses an immediate danger upon installation into a home or other structure; c.) Contend that: CSST physically transforms an otherwise safe structure into a hazardous and dangerous one, thereby immediately causing property damage when it is installed without a lightning protection system or proper bonding and/or grounding which is required by both the National Electrical Code (“NEC”) and the National Fuel Gas Code (“NFGC”);