Common use of No Further Litigation Clause in Contracts

No Further Litigation. (1) No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant or unnamed co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant or unnamed co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreement. (2) Section 9.3(1) shall be inoperative to the extent that it is inconsistent with BC Class Counsel’s obligations under Rule 3.2-10 of the Code of Professional Conduct for British Columbia.

Appears in 17 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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No Further Litigation. (1) No Plaintiff and no Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant Defendants or unnamed co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant Defendants or unnamed co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreementcourt in Canada. (2) For greater certainty, Section 9.3(16.3(1) shall be inoperative to the extent that it requires any lawyer who is inconsistent with BC Class Counsel’s a member of the Law Society of British Columbia to breach his or her obligations under Rule section 3.2-10 of the Law Society of British Columbia’s Code of Professional Conduct for British ColumbiaColumbia by refraining from participation or involvement in any claim or action in a British Columbia court.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

No Further Litigation. (1) No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant or unnamed alleged co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant or unnamed alleged co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreement. (2) Section 9.3(18.3(1) shall be inoperative to the extent that it is inconsistent with BC Class Counsel’s obligations under Rule 3.2-10 of the Code of Professional Conduct for British Columbia.

Appears in 2 contracts

Samples: National Settlement Agreement, Settlement Agreement

No Further Litigation. (1) No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant or unnamed co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant or unnamed co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreement. (2) Section 9.3(110.3(1) shall be inoperative to the extent that it requires any lawyer who is inconsistent with BC Class Counsel’s a member of the Law Society of British Columbia to breach his or her obligations under Rule sections 3.2-10 of the Law Society of British Columbia’s Code of Professional Conduct for British ColumbiaColumbia by refraining from participation or involvement in any claim or action in a British Columbia court.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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No Further Litigation. (1) No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant or unnamed co-conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant or unnamed co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreement.Agreement.‌ (2) Section 9.3(1) shall be inoperative to the extent that it is inconsistent with BC Class Counsel’s obligations under Rule 3.2-10 of the Code of Professional Conduct for British Columbia.

Appears in 1 contract

Samples: Class Action Settlement Agreement

No Further Litigation. (1) No Class Counsel, nor anyone currently or hereafter employed by or a partner with Class Counsel, may directly or indirectly participate or be involved in or in any way assist with respect to any claim made or action commenced by any Person which relates to or arises from the Released Claims, except in relation to the continued prosecution of the Proceedings against any Non-Settling Defendant or unnamed co-co- conspirators that are not Releasees or, if the Proceedings are not certified or authorized, the continuation of the claims asserted in the Proceedings on an individual basis or otherwise against any Non-Settling Defendant or unnamed co-conspirator that is not a Releasee. Moreover, these Persons may not divulge to to‌ anyone for any purpose any information obtained in the course of the Proceedings or the negotiation and preparation of this Settlement Agreement, except to the extent such information is otherwise publicly available or unless ordered to do so by a court, subject to Section 4.2 of this Settlement Agreement. (2) Section 9.3(1) shall be inoperative to the extent that it requires any lawyer who is inconsistent with BC Class Counsel’s a member of the Law Society of British Columbia to breach his or her obligations under Rule section 3.2-10 of the Law Society of British Columbia’s Code of Professional Conduct for British ColumbiaColumbia by refraining from participation or involvement in any claim or action in a British Columbia court.

Appears in 1 contract

Samples: Settlement Agreement

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