Common use of MOTION FOR FINAL APPROVAL Clause in Contracts

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and the b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payments; and (5) the PAGA Payment. Class Counsel will also b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they Plaintiffs shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentPayments, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members and the PAGA Released Claims of the Eligible Aggrieved Employees. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.the c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members and the PAGA Released Claims of the Eligible Aggrieved Employees. Class Counsel’s motion for Final Approval of the Settlement, including Final Approval of the (1) Attorney Fee Award, (2) Cost Award, (3) Administrative Costs, (4) Class Representative Enhancement, and (5) PAGA Payment, shall be filed at least sixteen (16) Court days before the Final Approval Hearing. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Settlement Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. A material modification would include, but not necessarily be limited to, any alteration of the Gross Settlement Amount. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.and

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; and (4) the Class Representative Enhancement. Class Counsel will also move the Court for and order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Settlement Amount Total Consideration or any amounts that otherwise would have been owed under this Agreement. Further, should this occurexcept that Defendant shall pay fifty percent (50%) of the Administration Costs, and Plaintiff shall pay the Parties agree they shall be equally responsible for remaining fifty percent (50%) of the Settlement Administrator’s Administration Costs through that dateCosts. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Response Deadline, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payments; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment), pursuant to which all Participating Class Members shall release all Released Claims. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.sought c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, ; and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void, but remains protected by California Evidence Code Section 1152. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occurexcept that Defendant shall pay fifty percent (50%) of the Administration Costs, and Plaintiff shall pay the Parties agree they shall be equally responsible for remaining fifty percent (50%) of the Settlement Administrator’s Administration Costs through that dateCosts. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.and

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Response Deadline, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment), pursuant to which all Participating Class Members shall release all Released Claims. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, ; and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members and the PAGA Released Claims of the Eligible Aggrieved Employees. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After Such entry of Judgmentfinal Judgment shall operate to permanently bar and enjoin all Class Members (excluding those who submit a valid and timely Opt-Out form) from instituting, commencing, prosecuting, or pursuing, either directly or in any other capacity, any of the claims, damages, causes of action, or claims for attorneys’ fees asserted in the Action or identified as Released Claims in this Agreement. Notwithstanding the entry of final judgment in the Actions, the Court shall have continuing retain jurisdiction over the Class Action for purposes of: to interpret and enforce this Stipulation of Settlement pursuant to California Code of Civil (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-post- Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website Except as to notify Class Members who timely submit a valid Exclusion Form the Preliminary Approval Order and Final Judgment will contain provisions enjoining Plaintiff and the Class Members from prosecuting the claims released herein and enjoining Plaintiff and the Class Members from initiating or continuing other proceedings regarding the claims released herein, including but not limited to filing any claims for monetary relief of the Released Claims before the Division of Labor Standards and Enforcement ("DLSE") or in any change to forum whatsoever. Inclusion of these provisions in the date or location Order of Preliminary Approval Order and Final Judgment and Order of Final Approval is a material part of the consideration for this Settlement. After approval of the Stipulation of Settlement at the Final Approval Hearing and to give upon receipt of the final payment, the Class Members notice Participants and the Class Representative each release the Released Parties, and each of Final Judgementthem, of and from any and all of the Released Claims.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Maximum Settlement Amount Total Consideration or any amounts that otherwise would have been owed under this Agreement. Further, should this occurexcept that Defendants shall pay fifty percent (50%) of the Administration Costs, and Plaintiff shall pay the Parties agree they shall be equally responsible for remaining fifty percent (50%) of the Settlement Administrator’s Administration Costs through that dateCosts. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. (i) Class Counsel will file unopposed motions and memoranda in support thereof for of Final Approval of the Settlement as described herein. Class Counsel will also move the Court for an order of Final Approval (and theassociated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. b. (ii) If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for one-third of the Settlement Administrator’s Administration Costs incurred through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Attorneys’ Fee Award, and/or the or Cost Award, Award will not constitute a material modification to the Settlement within the meaning of this paragraph. Notwithstanding the foregoing, the Parties and Class Counsel will cooperate with each other and use diligent and reasonable efforts to cure any deficiencies noted by the Court in attempting to secure Final Approval of the Settlement. c. (iii) Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving of the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action Litigation for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-post- Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; and (4) the Class Representative Enhancement Payments. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentPayments, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. . The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing Order and to give Class Members notice of Final JudgementJudgment will be posted on the Settlement Administrator’s website.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) Attorney Fee Award; (2) Cost Award; (3) Administrative Costs; (4) Class Representative Enhancement Payments; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members and the PAGA Released Claims of the Class Members. Defendant agrees that it will not oppose Plaintiffs’ motion for Final Approval of the Settlement so long as the motion is consistent with the terms of the Parties’ Settlement Agreement and that Counsel for Defendant will be provided with sufficient time to review the motion for Final Approval prior to its filing. Plaintiffs’ counsel agrees to share with Counsel for Defendant a draft of the motions and memoranda at least five (5) court days prior to filing each motion. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentPayments, the Attorney Fee Award, and/or the Cost Award, and/or Administration Costs will not constitute a material modification to the Settlement within the meaning of this paragraphSettlement. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After The Effective Final Settlement Date shall operate to permanently bar and enjoin all Participating Class Members (excluding those who submit a valid and timely Exclusion Form) and Class Members from instituting, commencing, prosecuting, or pursuing, either directly or in any other capacity, any of the claims, damages, causes of action, or claims for attorneys’ fees asserted in the Action or identified as Released Claims or PAGA Released Claims in this Agreement. Notwithstanding the entry of Final Judgment in the Action, the Court shall retain jurisdiction to interpret and enforce this Agreement pursuant to Code of Civil Procedure section 664.6. After Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes offor: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website Except as to notify Class Members who timely submit a valid Exclusion Form, the Preliminary Approval Order and Final Judgment will contain provisions enjoining Plaintiffs, Participating Class Members, and the Class Members from prosecuting the claims released herein and enjoining Plaintiffs, Participating Class Members, and the Class Members from initiating or continuing other proceedings regarding the claims released herein, including but not limited to filing any claims for monetary relief of the Released Claims before the Division of Labor Standards and Enforcement (“DLSE”) or in any change to forum whatsoever. Inclusion of these provisions in the date or location Order of Preliminary Approval Order and Final Judgment and Order of Final Approval is a material part of the consideration for this Settlement. After approval of this Agreement at the Final Approval Hearing and to give upon funding the Gross Settlement Amount, the Participating Class Members notice Members, Class Members, and the Class Representatives each release the Released Parties, and each of Final Judgementthem, of and from any and all of the Released Claims and PAGA Released Claims.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. Class counsel will submit to Defendants counsel drafts of the motion for Final Approval of settlement to class members. Defendants’ counsel will not unreasonably withhold approval. Plaintiff’s counsel will not submit motions to the Court without Defendants’ counsel’s approval. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.or c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will shall file unopposed motions and memoranda in support thereof a Motion for Final Approval of the Settlement settlement per the deadline to be set by the Court, and the b. If the Court denies will submit a Proposed Final Approval of the Settlement with prejudice, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null Order and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible Judgment for the Settlement Administrator’s Administration Costs through that date. An award entry by the Court if Final Approval is granted, which: a) Finally approves the Settlement Agreement and Settlement, determining the terms thereof to be fair, reasonable, just and adequate and directing implementation of a lesser amount than sought by Plaintiff its terms and provisions, and in the best interests of the Putative Class Counsel Members; b) Finally approves Class Counsel’s application for an award of Attorney’s Fees and Litigation Costs, as set forth herein; c) Enters judgment in the Class Representative Enhancement PaymentAction, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification forever and permanently enjoining and barring Settlement Plaintiffs from prosecuting any and all claims related to the Settlement within the meaning of this paragraph. c. Upon Final Approval Settled Lawsuits, and from prosecuting any and all of the SettlementReleased Claims and the Plaintiff’s Released Claims against any of the Released Parties, on satisfaction of all payments and obligations hereunder; d) Enters judgment permanently enjoining all Settlement Plaintiffs from pursuing or seeking to reopen Released Claims against the Released Parties; and require the Parties shall present to carry out the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry provisions of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2and e) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website Plaintiff agrees to notify Class Members of any change to the date or location provide this motion for final approval of the Final Approval Hearing class settlement to Defendant for review no later than seven (7) business days before the filing date. Parties agree to meet and confer if additional time is needed to give Class Members notice complete drafting of Final Judgementthe final approval documents and will provide each other a reasonable amount of time to complete the drafting of said documents.

MOTION FOR FINAL APPROVAL. a. (i) Class Counsel will file unopposed motions and memoranda memorandums in support thereof for of Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorneys’ Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. The final approval/settlement fairness hearing will be held no sooner than thirty (30) calendar days after the Response Deadline. Class Counsel will be responsible for drafting all documents necessary to obtain final approval. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims and PAGA Released Claims of the Class Members who do not opt out of the Settlement. b. (ii) If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs incurred through that date, which shall not be more than $17,500. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement PaymentEnhancement, the Attorney Attorneys’ Fee Award, and/or the Cost Award, Award or Settlement Administrator Administration Costs Award will not constitute a material modification to the Settlement within the meaning of this paragraph. c. (iii) Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving of the Settlement and entering Judgment in accordance therewith. After entry of Judgment, pursuant to CRC 3.769(h), the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) interpreting and enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules rules, this Settlement Agreement, and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Class Counsel will file unopposed motions and memoranda in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) Administrative Costs; (4) the Class Representative Enhancement; and (5) PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Participating Class Members and the PAGA Released Claims of the Eligible Aggrieved Employees. b. If the Court denies Final Approval of the Settlement with prejudice, or if the Court’s 's Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s 's Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.the c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Objection/Exclusion Deadlines, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payments; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment) releasing and barring any Released Claims of the Class Members who do not opt out of the Settlement. Counsel for Defendant shall be provided sufficient opportunity to review the Motion for Final Approval before filing with the Court. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they Plaintiffs shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentPayments, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.

MOTION FOR FINAL APPROVAL. a. Upon expiration of the Response Deadline, Class Counsel will file unopposed motions and memoranda memorandums in support thereof for Final Approval of the Settlement and thethe following payments in accord with the terms of the Settlement: (1) the Attorney Fee Award; (2) the Cost Award; (3) the Administration Costs; (4) the Class Representative Enhancement Payment; and (5) the PAGA Payment. Class Counsel will also move the Court for an order of Final Approval (and associated entry of Judgment), pursuant to which all Participating Class Members shall release all Released Claims. b. If the Court denies does not grant Final Approval of the Settlement with prejudiceSettlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Maximum Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, the Attorney Fee Award, and/or the Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph. Although Plaintiff shall retain the right to appeal those awards. c. Upon Final Approval of the Settlement, the Parties shall present to the Court a proposed Final Approval Order, approving the Settlement and entering Judgment in accordance therewith. After entry of Judgment, the Court shall have continuing jurisdiction over the Class Action for purposes of: (1) enforcing this Settlement Agreement; (2) addressing settlement administration matters, ; and (3) addressing such post-Judgment matters as may be appropriate under Court rules and applicable law. d. The Settlement Administrator will create a website to notify Class Members of any change to the date or location of the Final Approval Hearing and to give Class Members notice of Final Judgement.