Named Plaintiff Sample Clauses

Named Plaintiff. “Named Plaintiff” means Xxxxx Xxxxxxx.
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Named Plaintiff. Defendant Counsel for Named Plaintiff and Class: Counsel for Defendant XXXXXXXX XXXXXXXX, Plaintiff,
Sample 1
Named Plaintiff. In addition to her share of the Settlement Class Consideration detailed below, Defendant will not oppose a service award to Xx. Xxxxxxxxxx of seven thousand five hundred dollars ($7,500) for the Action in recognition of her willingness to step forward, participate in an investigation, file suit, and otherwise commit time and effort as a Class Representative, including frequently conferring with Class Counsel and providing crucial information to support the prosecution of the litigation. This amount was determined to be appropriate only after an agreement had been reached on the award to the Settlement Class and other terms of this Agreement. In the event the incentive award is not finally approved by the Court, the rest of this Agreement shall remain in full force and effect. However, in no event shall Navy Federal be responsible to pay any sum of money in excess of the Settlement Payment stated in 2.2. In addition, within seven (7) days of entry of the Final Approval Order, Navy Federal will submit requests to the three major credit reporting agencies to which it reports (Experian, Equifax and TransUnion) to delete the tradeline associated with Xx. Xxxxxxxxxx’x auto loan account with Navy Federal. In addition, within seven (7) days of entry of the Final Approval Order, Navy Federal will forgive Xx. Xxxxxxxxxx’x remaining balance on her vehicle loan and release any security interest in Xx. Xxxxxxxxxx’x vehicle.
Sample 1
Named Plaintiff. The Named Plaintiff and Defendants forever and fully release the other from all claims or demands each has or may have against the other accrued through the date of execution of this Agreement. Such released claims include, but are not limited to, any claim related to the Named Plaintiff’s employment with Defendants, any claim under any federal, state or local laws or regulations that in any way relate to the employment of individuals and/or prohibit employment discrimination, retaliation, or harassment of any form; for any related or unrelated contractual claims, tort claims, or any other actions based on any theory; and for any and all claims for damages of any kind whether equitable, liquidated, punitive, or in the form of attorneys’ fees, expenses, or costs. In addition to the foregoing, before any payments are made under Section 2.1, the Named Plaintiff will execute a stand-alone general release prepared by Defendants and approved by Plaintiffs’ Counsel. The parties agree that the Named Plaintiff is not releasing any claims against Gusto, LLC or any other company that sold Defendants their Domino’s restaurants.
Sample 1
Named Plaintiff. Subject to the Court's approval, Named Plaintiff shall receive a service award in the amount of Two Thousand Five Hundred Dollars and 00/100 ($2,500) in recognition of her efforts on behalf of the Settlement Collective Members. An IRS Form 1099-MISC shall be issued to Named Plaintiff by the Settlement Administrator, and Named Plaintiff shall be solely and legally responsible for paying any and all applicable taxes on this payment.
Sample 1
Named Plaintiff. As used herein, the term “Named Plaintiff” means Xxxxxx Xxxx in his individual capacity only.
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Named Plaintiff. The Claims Administrator shall pay from the common fund service Enhancement Payment of $10,000 to the Named Plaintiff XXXXXX XXXX. The payment shall cause an IRS Form 1099 to be issued to the individual in that amount. The service payment is to compensate him for the additional efforts he undertook on behalf of the class
Sample 1
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Named Plaintiff. Upon the Effective Date, Plaintiff, including his heirs, assigns and estates, fully, forever, irrevocably and unconditionally release, remise, and discharge Omnicare and all of the entities named as Defendants in the Litigation, and all of their parent(s), divisions, subsidiaries, affiliates, related companies, partnerships, joint ventures, predecessors, customers, vendors, and successors, and all of its and their directors, principals, officers, stockholders, owners, members, fiduciaries, insurers, trustees, employees, attorneys, representatives, assigns and agents (each in their individual and corporate capacities) (collectively referred to as the “Released Parties”), from any and all suits, actions, causes of action, claims, or demands against the Released Parties or any of them based on putative violations of any state or local law (both statutory and common law) or federal law pertaining to hours of work or payment of wages, including without limitation all state and local claims or claims under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. that were asserted or could have been asserted in the Litigation based on the allegations in it, regarding events that occurred or are alleged to have occurred from the beginning of time until March 25, 2018. Class Members who are also opt-in plaintiffs in Young v. Act Fast of West Virginia shall be able to participate in this settlement with respect to the work they performed in Kentucky, and in the Young settlement for the work they performed in West Virginia, pursuant to the terms of the respective settlements.
Sample 1
Named Plaintiff. “Named Plaintiff” means Xxxxxx Xxxxx, his representatives, heirs, administrators, executors, beneficiaries, conservators, attorneys, and assigns.
Sample 1

Related to Named Plaintiff

  • Defendants “Defendants” shall mean Xxx Xxxxxxx, Secretary of the Interior, Xxxxx Xxxxxxxx, Assistant Secretary of the Interior – Indian Affairs, and X. Xxxxxxx Xxxxxxxx, Secretary of the Treasury, and their successors in office, all in their official capacities.

  • Indemnitee as Plaintiff Except as provided in Section 10(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding. This Section shall not apply to counterclaims or affirmative defenses asserted by Indemnitee in an action brought against Indemnitee.

  • Defendant shall make a good faith effort to issue a final decision on Xx. Xxxxx’x claim, if appropriate, as soon as practicable.

  • Released Claims In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

  • Unknown Claims Executive acknowledges that Executive has been advised to consult with legal counsel and that Executive is familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the releasee. Executive, being aware of this principle, agrees to expressly waive any rights Executive may have to that effect, as well as under any other statute or common law principles of similar effect.]3

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Method of Asserting Claims, Etc The party claiming indemnification is hereinafter referred to as the “Indemnified Party” and the party against whom such claims are asserted hereunder is hereinafter referred to as the “Indemnifying Party.” All Claims for indemnification by any Indemnified Party under this Article 5 shall be asserted as follows: (a) In the event that any Claim or demand for which an Indemnifying Party would be liable to an Indemnified Party hereunder is asserted against or sought to be collected from such Indemnified Party by a third party, said Indemnified Party shall, within ten (10) business days from the date upon which the Indemnified Party has Knowledge of such Claim, notify the Indemnifying Party of such claim or demand, specifying the nature of and specific basis for such claim or demand and the amount or the estimated amount thereof to the extent then feasible (which estimate shall not be conclusive of the final amount of such Claim or demand) (the “Claim Notice”). The Indemnified Party’s failure to so notify the Indemnifying Party in accordance with the provisions of this Agreement shall not relieve the Indemnifying Party of liability hereunder unless such failure materially prejudices the Indemnifying Party’s ability to defend against the claim or demand. The Indemnifying Party shall have 30 days from the giving of the Claim Notice (the “Notice Period”) to notify the Indemnified Party: (i) whether or not the Indemnifying Party disputes the liability of the Indemnifying Party to the Indemnified Party hereunder with respect to such Claim or demand, and (ii) whether or not the Indemnifying Party desires, at the sole cost and expense of the Indemnifying Party, to defend the Indemnified Party against such Claims or demand; provided, however, that any Indemnified Party is hereby authorized prior to and during the Notice Period to file any motion, answer or other pleading which he shall deem necessary or appropriate to protect his interests or those of the Indemnifying Party and not prejudicial to the Indemnifying Party. In the event that the Indemnifying Party notifies the Indemnified Party within the Notice Period that he, she or it does not dispute liability for indemnification under this Article 5 and that such person desires to defend the Indemnified Party against such claim or demand and except as hereinafter provided, the Indemnifying Party shall have the right to defend by all appropriate proceedings, which proceedings shall be promptly settled or prosecuted by him to a final conclusion. The Indemnified Party shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party except to the extent that the employment thereof has been specifically authorized by the Indemnifying Party in writing, the Indemnifying Party has failed after a reasonable period of time to assume such defense and to employ counsel or in such action there is, in the reasonable opinion of such separate counsel, a material conflict on any material issue between the position of the Indemnifying Party and the position of such Indemnified Party (a “Material Conflict”). If requested by the Indemnifying Party and there is no Material Conflict, the Indemnified Party agrees to cooperate with the Indemnifying Party and his, her or its counsel in contesting any Claim or demand which the Indemnifying Party elects to contest or, if appropriate and related to the Claim in question, in making any Counterclaim against the person asserting the third party Claim or demand, or any cross-complaint against any person. No Claim for which indemnity is sought hereunder and for which the Indemnifying Party has acknowledged liability for indemnification under this Article 5 may be settled without the consent of the Indemnifying Party, which consent shall not be unreasonably withheld or delayed. (b) In the event any Indemnified Party should have a Claim against any Indemnifying Party hereunder which does not involve a Claim or demand being asserted against or sought to be collected from him by a third party, the Indemnified Party shall give a Claim Notice with respect to such Claim to the Indemnifying Party. If, after receipt of a Claim Notice, the Indemnifying Party does not notify the Indemnified Party within the Notice Period that he, she or it disputes such Claim, then the Indemnifying Party shall be deemed to have admitted liability for such Claim in the amount set forth in the Claim Notice. (c) The Indemnifying Party shall be given the opportunity to defend the respective Claim.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid. 4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority. 4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder. 4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority. 4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.

  • Initiation – Written Claim The claimant initiates a claim by submitting to the Plan Administrator a written claim for the benefits. If such a claim relates to the contents of a notice received by the claimant, the claim must be made within sixty (60) days after such notice was received by the claimant. All other claims must be made within one hundred eighty (180) days of the date on which the event that caused the claim to arise occurred. The claim must state with particularity the determination desired by the claimant.

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