General Terms of Settlement. In consideration of the mutual covenants set forth herein, the parties agree as follows:
General Terms of Settlement. A. For the purpose of settlement only, the Parties agree to stipulate to a FED.R.CIV.P. 23 class as defined in Section IV.A., below (the “Rule 23 Class”) and to a 29 U.S.C. § 216(b) collective class as defined in Section IV.B., below (the “Collective Class”).
B. In exchange for the Release of Claims and other promises contained herein, Defendants will, in accordance with the manner and timing provided for in Sections III(A)–IV(H), below, make payments to Xxxxxx, the Collective Class, the Rule 23 Class, and Xxxxxx’x Legal Counsel, Hawks Quindel, S.C., in the amounts identified in Section III, below, and Exhibit A to this Agreement.
X. Xxxxxx understands and acknowledges that, although Defendants are entering into this Agreement and making the payments hereunder, Defendants do not admit to any wrongdoing or violation of Federal or State statutes or regulations of any kind, including those cited in Section II.A. below, and expressly denies the same.
General Terms of Settlement. 1. This Agreement is not to be deemed an admission by any Settling Party in any other proceeding except as necessary to enforce its terms before the Commission, or any Court of competent jurisdiction. This Agreement is solely the result of compromise in the settlement process and, except as expressly provided herein, is without prejudice to and shall not constitute a waiver of any position that any of the Settling Parties may take with respect to any or all of the issues resolved herein in any other future regulatory or other proceedings.
2. If this Agreement is not approved by the Commission, the Settling Parties agree that the terms hereof shall be privileged and shall not be admissible in evidence or in any way discussed in any subsequent proceeding. Moreover, the concurrence of the Settling Parties with the terms of this Agreement is expressly predicated upon the Commission’s approval of this Agreement in its entirety without modification or further condition deemed unacceptable by any Settling Party. If the Commission does not approve this Agreement in its entirety, this Agreement shall be null and void and deemed withdrawn, unless otherwise agreed in writing by the Settling Parties.
3. This Agreement represents all of the terms and conditions agreed to by the Settling Parties. It shall be construed in accordance with its plain meaning, consistent with supporting prefiled testimony and the order approving this Agreement. This Agreement shall be binding upon the Settling Parties, successors, and assigns.
4. The Settling Parties will submit prefiled written testimony into the record at the public hearing related to approval of this Agreement sufficient to support the Commission’s finding that this Agreement is in the public interest.
5. The Settling Parties have agreed upon an Agreed Proposed Order to be submitted to the Commission in this Cause, a copy of which is attached hereto.
6. The communications and discussions during the negotiations and conferences which have produced this Agreement shall be conducted on the explicit understanding that they are, or relate to, offers of settlement and shall be privileged and confidential, shall be without prejudice to the position of any Settling Party, and are not to be used in any manner in connection with any other proceeding or otherwise.
7. Each of the undersigned represents and agrees that he or she is fully authorized to execute this Agreement on behalf of the Settling Party identified above his or her r...
General Terms of Settlement. A. For the purpose of settlement only, the Parties agree to stipulate to a FED.R.CIV.P. 23 class as defined in Section IV(A), below (the “Rule 23 Class”). The members of the Rule 23 Class are referred to as the “Class Members.”
B. In exchange for the Release of Claims and other promises contained herein, Bank shall, in accordance with the manner and timing provided for in Sections III(A)– IV(H), below, make payments to Xxxxxxxxxx, the Class Members, and Xxxxxxxxxx’x Legal Counsel, Walcheske & Xxxx, LLC, in the amounts identified in Section III, below, and Exhibit A to this Agreement.
X. Xxxxxxxxxx understands and acknowledges that, although Bank is entering into this Agreement and making the payments hereunder, Bank does not admit to any wrongdoing or violation of Federal or State statutes or regulations of any kind, including those cited in Section II(A) below, and expressly denies the same. Nothing in this Agreement shall be offered or construed as an admission of liability, wrongdoing, impropriety, responsibility, or fault of any type whatsoever, by Bank, who expressly denies same.
D. The Parties desire that this settlement, this Agreement, and the terms contained herein be treated as confidential to the greatest extent reasonably possible consistent with the requirements of law. Neither Xxxxxxxxxx nor Xxxxxxxxx & Xxxx, LLC shall issue any press release or post any information about the settlement, this Agreement, and/or its terms on any website or social media. To the extent any press, websites, social media or any other vehicles have been used in the past by Xxxxxxxxxx and/or Walcheske & Xxxx, LLC to promote or otherwise discuss this case or any of the claims, that promotion and discussion will immediately cease and be removed to the extent reasonably possible.
General Terms of Settlement. In consideration for the promises and mutual covenants set forth herein, and subject to the final approval by the Court and entry of a final judgment, the Parties agree as follows:
General Terms of Settlement
