Only Settlement Clause Samples
The "Only Settlement" clause establishes that any disputes or claims arising under the agreement must be resolved exclusively through settlement, rather than through litigation or arbitration. In practice, this means that the parties are required to negotiate and reach a mutual agreement to resolve their differences, and cannot pursue court action or other formal dispute resolution processes. This clause is designed to encourage cooperation and minimize the costs, delays, and adversarial nature of formal legal proceedings by mandating settlement as the sole method of dispute resolution.
Only Settlement. Class Members who have not opted out of the settlement may object to the settlement. For avoidance of doubt, this means that Settlement Class Members who or that opt-out of the Settlement cannot object to the Settlement. All objections must be filed with the Court and served upon all counsel of record by no later than forty five (45) days after the mailing of the Class Notice, and this provision applies notwithstanding any argument regarding non-receipt of the Class Notice. Unless otherwise ordered by the Court, any Settlement Class Member who fails to file and serve timely written objections in this manner shall be deemed to have waived any objections and shall be foreclosed from making any objection to the settlement and from filing any appeal from any final approval order issued by the Court. The parties may file a response to any objections submitted by objecting Settlement Class Members at or prior to the hearing for final approval of the Settlement. Named Plaintiffs shall not object to the Settlement.
Only Settlement. Class Members may object to the settlement. Any Settlement Class Member who wishes to object to the settlement must return to the Settlement Administrator a timely written statement of objection no later than thirty (30) days after the date the Settlement Administrator mails the Notice of Settlement. The Notice of Objection must state (1) the case name and number; (2) the name, address, telephone number, and email address (if any) of the individual making the objection; (3) a statement of the objection(s) being asserted; (4) a detailed description of the facts and any legal authorities underlying each objection; (5) a notice of intent to appear at the final Fairness Hearing, if the individual making the objection intends to appear;
Only Settlement. Class Members who timely submit and serve their signed, written objections and state in writing their intent to appear at the Fairness Hearing may appear at the Fairness Hearing. No one may appear at the Fairness Hearing for the purpose of objecting to the Settlement Agreement without first having submitted and served their written objection(s) within forty-five (45) days after the Notice was mailed to Class Members.
Only Settlement. Class Members that have filed and served valid and timely notices of objection shall be entitled to be heard at the Final Approval Hearing. Any Settlement Class Member who does not timely file and serve an objection in writing in accordance with the procedure set forth in the Class Notice and mandated in this Order shall be deemed to have waived any objection to (a) the Settlement; (b) the Release; (c) entry of Final Approval Order or any judgment; (d) Class Counsel’s application for fees, costs, and expenses; and/or (e) the Service Award request for the named Plaintiffs, whether by appeal, collateral attack, or otherwise.
Only Settlement. Class Members who do not opt-out may object to the Settlement. Class Members who opt-out of the Settlement are not eligible to object. All objections must be sent no later than forty-five (45) days after the mailing of the Class Notice, and such deadline applies notwithstanding any argument regarding non-receipt of the notice. Anyone who fails to send timely written objections in this manner shall be deemed to have waived any objections and shall be foreclosed from filing any appeal from any Final Approval Order issued by the Court. The Parties may file a response to any objections submitted by objecting Class Members at or prior to the Fairness Hearing. Class Members shall be permitted to withdraw their objections in writing by submitting a withdrawal statement to the Settlement Administrator not later than one (1) business day prior to the Fairness Hearing, or as otherwise ordered by the Court.
Only Settlement. Class Members are entitled to any Settlement Shares; those persons who timely and validly submit written requests for exclusion from the class pursuant to the Notice (“Opt-Outs”) are not entitled to any Settlement Shares; and (ii) ACES, through the Settlement Administrator, shall make payments to Settlement Class Members as set forth in paragraph 12. Any disputes concerning the Settlement Shares to be distributed to a Settlement Class Member shall be resolved by the Settlement Administrator. Prior to any such resolution, counsel for the Parties will confer in good faith to resolve the dispute.
Only Settlement. Class Members who timely file with the Court their signed, written objections and state in writing their intent to appear may appear at the Fairness Hearing. No Settlement Class Member may appear at the Fairness Hearing to object to the Settlement without first having filed with the Court the Settlement Class Member’s objection(s) within the deadline that will be set by the Court.