Common use of Motion for Preliminary Approval and Conditional Certification Clause in Contracts

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice Packet. b. At the Preliminary Approval hearing, Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.apart

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice Packet. Plaintiff’s Motion for Preliminary Approval shall include this Settlement Agreement. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under itobligations. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the . The Court’s approval or denial of any amount requested for these items are is not conditions a condition of this the Settlement Agreement, and are to shall be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the and/or Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, Cost Award, Administration Costs, and/or Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice PacketClass Notice, Exclusion Form, and Objection Form. b. At the Preliminary Approval hearing, Plaintiffs the Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing.Representative, c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement, the Parties will work together to address the Court’s concerns to obtain preliminary approval. If the Court does not ultimately approve a settlement consistent with this Settlement with prejudiceAgreement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs The Parties will file a Notice of Proposed Class Action Settlement with the Court and contact the Court clerk to secure the earliest available date that is convenient to the Parties as the preliminary approval hearing date. If for any reason that date is not available for the preliminary approval hearing date, the Parties agree to approach the Court ex parte to specially set the hearing on Plaintiff’s motion for preliminary approval. b. Plaintiff will circulate to Defendants’ Counsel a draft motion for preliminary approval and order thereon prior to filing them with the Court. Upon receiving and incorporating input from the Defendants’ Counsel, Plaintiff’s Counsel will then file that motion for preliminary approval and order. c. Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice PacketClass Notice. b. d. At the Preliminary Approval hearing, Plaintiffs the Parties will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. e. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts amounts f. Plaintiff shall be responsible for the timely service and electronic submission of the Attorney Fee Award, Settlement Agreement and related filings in the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement AgreementAction.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should If the Court decline does not grant Preliminary Approval or conditions Preliminary Approval on any material change to conditionally certify the this Agreement, Class or to Preliminarily Approve all material aspects Counsel and Defense Counsel will expeditiously work together on behalf of the Settlement with prejudice, the Settlement will be null and voidParties by meeting in person or by telephone, and in good faith, to modify the Parties will have no further obligations under itAgreement and otherwise satisfy the Court’s concerns. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.’s

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice Packet.Class Notice.. b. At the Preliminary Approval hearing, Plaintiffs the Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing.order c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order (1) conditionally certifying the Class for settlement purposes only, giving ; (2) seeking Preliminary Approval of the Settlement, ; (3) setting a date for the Final Approval hearing, ; and (4) approving the Notice Packet. b. At Before or at the Preliminary Approval hearing, Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects Defendant agrees it will not oppose Plaintiffs’ motion for Preliminary Approval of the Settlement so long as the motion is consistent with prejudice, the terms of the Parties’ Settlement Agreement and that Counsel for Defendant will be null provided with sufficient time to review the motion for Preliminary Approval prior to its filing. Plaintiffs’ counsel agrees to share with Counsel for Defendant a draft of the motions and void, and the Parties will have no further obligations under it. Provided, however, that the memoranda at least five (5) court days prior to filing each motion. d. The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the . The Court’s approval or denial of any amount requested for these items are not material conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement. e. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Agreement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under the Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. Class counsel will submit to Defendants’ counsel drafts of the motions for Preliminary Approval of settlement, Class Notice and Exclusion Form (“notice packets”) to class members. Defendants’ counsel will not unreasonably withhold approval. Plaintiff’s counsel will not submit motions to the Court for Preliminary Approval, or notice packets, without Defendants’ counsel’s approval. b. At the Preliminary Approval hearing, Plaintiffs the Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Parties will cooperate and provide their best efforts to resolve any questions or issues raised by the Court. Should the Agreement not become Final for any reason after the Parties cooperate and provide best efforts to resolve questions or issues raised by the Court including by entering into an amended settlement agreement resolving such issues, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. Class counsel will submit to Defendant’s counsel for approval drafts of the motion for conditional certification of the Class, Class Notice and Exclusion Form. b. At the Preliminary Approval hearing, the Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval preliminary approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Class Notice Packetand Exclusion Form; and setting the Final Approval hearinghearing date and related filing deadlines. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve preliminarily approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. ProvidedThe Parties will, however, that agree to work in good faith to renegotiate the amounts terms of the Settlement in order to obtain preliminary approval from the Court. Although any amounts awarded as part of an Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by separate from considering the Courtreasonableness and appropriateness of the Settlement, and the Court’s determination on these amounts any award of an Attorney Fee Award, Cost Award, Administrative Cost, and/or Class Representative Enhancement shall be contingent upon the Court giving preliminary and final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments in and of itself, shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Notice PacketNotice, Exclusion Form, and Objection Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiffs’ or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetwithin a reasonable time after full execution of this Agreement. b. At the Preliminary Approval hearing, the Plaintiffs will appear, support the granting of the motion, motion and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Incentive shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.this

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will provide Defendant with a draft of their motion for preliminary approval and all exhibits and notice materials within 10 days of this Settlement being executed so that Defendant may provide comments and feedback. Upon receipt of feedback from Defendant, Plaintiffs shall move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice PacketClass Notice. Plaintiffs’ Motion for Order Granting Preliminary Approval shall include this Settlement Agreement. b. At the Preliminary Approval hearing, the Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. ProvidedIn such a case, however, that the amounts Parties and any funds to be awarded under this Settlement shall be returned to their respective statuses as of the Attorney Fee Award, date and time immediately prior to the Cost Award, the Administration Costsexecution of this Agreement, and the Class Representative Enhancement Payments Parties shall proceed in all respects as if this Agreement had not been executed, except that any costs already incurred by the Settlement Administrator shall be determined paid by equal apportionment among the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement AgreementParties.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s 's determination on these amounts shall be final and binding, and that the Court’s 's approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Notice Packet. b. At the Preliminary Approval hearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; , appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; , approving the Notice Packet; , and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement Settlement, the Parties will work together to address the Court’s concerns to obtain preliminary approval. If the Court does not ultimately approve a settlement consistent with prejudicethis Settlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement. Nothing in this Settlement Agreementshall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, Cost Award, Administration Costs, and Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. 1. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Notice PacketClass Notice. b. 2. At the Preliminary Approval hearing, Plaintiffs the Parties will jointly appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearing. c. 3. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments General Release Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.General Release

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Notice Packetand Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall not operate to terminate or cancel this Settlement Agreement. Nothing in this Agreement shall limit Plaintiff’s or Class Counsel’s ability to appeal any decision by the Court to award less than the requested Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payment.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. Counsel for Defendant shall be provided sufficient opportunity to review the Motion for Preliminary Approval before filing with the Court. b. At the Preliminary Approval hearing, the Plaintiffs will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class Representatives, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, Agreement and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.apart

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs will move for (i) Plaintiff will, by way of regularly noticed motion pursuant to California Rule of Court (“CRC”) 3.769(c), seek Preliminary Approval of the Settlement and an order order: (i) appointing Class Counsel, Class Representative, and the Settlement Administrator, (ii) conditionally certifying the Class for settlement purposes only, giving Preliminary Approval (iii) preliminary approving the terms of the Settlement, setting a date for subject to the Final Approval Court approving the amount of the Attorneys’ Fees Award, Cost Award, Class Representative Enhancement Payment, and Administration Costs at the final approval / settlement fairness hearing, and (iv) scheduling a final approval / settlement fairness hearing, (v) ordering the Parties to administer the Settlement; (vi) approving the Class Notice Packetto be sent to all Class Members; and (vii) enjoining Class Members from filing or prosecuting any claims, suits, or administrative proceedings regarding the Released Claims and PAGA Released Claims from the time Class Notices are mailed to Class Members until such Class Members have filed valid Requests for Exclusion with the Settlement Administrator. The motion for Preliminary Approval will attach as exhibits: (i) the Settlement Agreement and (ii) the Class Notice. The motion for Preliminary Approval will be supported by admissible evidence, in the form of declarations of Class Counsel, that address the potential value of each claim being settled, the value of other forms of relief, and the allocation of the Individual Settlement Shares between wages and non- wages, all as sufficient to satisfy the standard set forth in Xxxxxx v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008). Class Counsel will be responsible for drafting all documents, pleadings and declarations necessary to obtain Preliminary Approval, including a Proposed Order Granting Preliminary Approval that includes the requisite language and adequate information to provide clear instructions to the Settlement Administrator, and that attaches the Class Notice. Plaintiff will provide a draft of the Preliminary Approval motion to Defendant for review prior to filing. b. (ii) At the Preliminary Approval hearing, Plaintiffs the Plaintiff, through her attorneys, will appear, support and argue for the granting of the motion, and submit a proposed order granting that grants conditional certification of the Class and Preliminary Approval of the Settlement; appointing appoints the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving approves the Notice PacketClass Notice; and setting sets the Final Approval hearing. c. (iii) Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, The Parties agree that if the amounts Court declines to preliminarily approve non-material aspects of the Attorney Fee AwardSettlement, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined Parties will work cooperatively to make such changes required by the Court, and . In the Court’s determination on these amounts shall be final and binding, and event that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement AgreementAgreement is null and void, and are the parties will be equally responsible to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application Settlement Administrator for the Attorney Fee Awardcosts of such Administration Costs actually incurred to date, the Cost Award, the Administration Costs, in an amount not to exceed Seventeen Thousand Five Hundred Dollars and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement AgreementZero Cents ($17,500.00).

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Notice PacketNotice, and Exclusion Form. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudiceSettlement, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the The amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments Payment shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.be

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearing, and approving the Class Notice Packetand Exclusion Form. b. At the Preliminary Approval hearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice Packet; and setting the Final Approval hearing.Class c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement.

Motion for Preliminary Approval and Conditional Certification. a. Plaintiffs Plaintiff will move for an order conditionally certifying the Class for settlement purposes only, giving Preliminary Approval of the Settlement, setting a date for the Final Approval hearingHearing, and approving the Class Notice Packetand Exclusion Form. Plaintiff will be responsible for drafting all documents necessary to obtain Preliminary Approval, subject to review and comment by counsel for Defendant who shall be provided a seven (7) calendar days to review prior to filing and an opportunity to comment on the motion’s content. b. At the Preliminary Approval hearingHearing, Plaintiffs Plaintiff will appear, support the granting of the motion, and submit a proposed order granting conditional certification of the Class and Preliminary Approval of the Settlement; appointing the Class RepresentativesRepresentative, Class Counsel, and Settlement Administrator; approving the Notice PacketClass Notice; and setting the Final Approval hearingHearing. c. Should the Court decline to conditionally certify the Class or to Preliminarily Approve all material aspects of the Settlement with prejudice, the Settlement will be null and void, and the Parties will have no further obligations under it. Provided, however, that the amounts of the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall be determined by the Court, and the Court’s determination on these amounts shall be final and binding, and that the Court’s approval or denial of any amount requested for these items are not conditions of this Settlement Agreement, and are to be considered separate and apart from the fairness, reasonableness, and adequacy of the Settlement. Any order or proceeding relating to an application for the Attorney Fee Award, the Cost Award, the Administration Costs, and the Class Representative Enhancement Payments shall not operate to terminate or cancel this Settlement Agreement. d. Concurrently with the filing of the motion for Preliminary Approval, Plaintiff will, pursuant to California Labor Code §