Common use of Limited Effect of Settlement Class Clause in Contracts

Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Plaintiffs shall be free to pursue any claims available to them, and Defendant shall be free to assert any defenses available to it, including, but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Limited Effect of Settlement Class. The certification of the Plaintiff Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H A shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Plaintiffs Representative Plaintiff shall be free to pursue any claims available to themher, and Defendant Newsvine shall be free to assert any defenses available to it, including, including (but not limited to, ) denying the suitability of this case for class treatmenttreatment and opposing certification of a class in this action. Nothing in this Agreement shall be argued or deemed to estop any Party party from the assertion of such claims and defenses.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H D shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Plaintiffs shall be free to pursue any claims available to them, and Defendant Defendants shall be free to assert any defenses available to itthem, including, but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

Limited Effect of Settlement Class. The certification of the Plaintiff Settlement Class shall have no bearing in deciding whether the claims asserted in the Action Actions are or were appropriate for class treatment in the absence of settlement. If this Accordingly, if the Agreement terminates or is nullified, the provisional class certification provided for in Exhibit H A shall be vacated by its terms, terms and the Action Actions shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiffs shall be free to pursue any claims available to them, and Defendant Clearwire shall be free to assert any defenses available to it, including, including (but not limited to, ) seeking to compel individual arbitration and denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party party from the assertion of such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H A shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiffs shall be free to pursue any claims available to them, and Defendant shall be free to assert any defenses available to it, including, including but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

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Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H D shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Plaintiffs the Class Representative shall be free to pursue any claims available to themhim, and Defendant Defendants shall be free to assert any defenses available to itthem, including, including but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H A shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiffs shall be free to pursue any claims available to them, and Defendant Xxxxxx shall be free to assert any defenses available to it, including, including but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

Limited Effect of Settlement Class. The certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification in Exhibit H A shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiffs shall be free to pursue any claims available to them, and Defendant shall be free to assert any defenses available to it, including, including but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of asserting such claims and defenses.

Appears in 1 contract

Samples: Settlement Agreement

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