Order Granting Preliminary Approval Sample Clauses

Order Granting Preliminary Approval. “Order Granting Preliminary Approval” shall mean the Order entered by the Court preliminarily approving the terms set forth in this Agreement, including the manner and timing of providing notice to the Classes, the time period for objections and the date, time and location for a Fairness Hearing.
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Order Granting Preliminary Approval. “Order Granting Preliminary Approv- al” shall mean and refer to the order entered by the Court conditionally approving the terms and conditions of this Agreement, including among other things, the conditional certification of the proposed class, the manner and timing of providing Notice, the time period for opting out and filing objections, and the date of the Final Fairness Hearing. The Parties will submit to the Court a proposed Order Granting Preliminary Approval in the form attached hereto as Exhibit 1.
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Order Granting Preliminary Approval. The Court has reviewed Plaintiffs’ Unopposed Motion for Preliminary Approval of the Settlement Agreement and Releases entered into between Plaintiffs, individually, and on behalf of the proposed Settlement Class, and Defendants GEICO Indemnity Company, Government Employees Insurance Company, and GEICO General Insurance Company (“Defendants”). Upon careful review, the Court finds as follows:
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Order Granting Preliminary Approval. “Order Granting Preliminary Approval” refers to the order or statement of decision in the Litigation by the Court granting preliminary approval to this Settlement.
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Order Granting Preliminary Approval. The proposed Order Granting Preliminary Approval shall certify, solely for purposes of this settlement, a class pursuant to Rule 23 of the Federal Rules of Civil Procedure of all Class Members. The proposed Order Granting Preliminary Approval shall also include the findings required by Fed. R. Civ. P. 23(a) and (b)(3). Plaintiffs will provide to Defendant the opportunity to review the proposed Order Granting Preliminary Approval prior to filing it. The Parties will work together diligently and in good faith to obtain preliminary and final approval expeditiously. The Preliminary Approval Motion will seek the setting of dates for Rule 23 Class Members to opt-out, objections, and a Fairness Hearing. Defendant will not oppose the Preliminary Approval Motion.
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Order Granting Preliminary Approval. Xxxx Xxxxxxxxx (“Plaintiff”), on behalf of himself and a class of similarly situated employees employed at El Guero de Crest Hill, Inc. (“Defendant” or “El Guero de Crest Hill”)(collectively the “Parties”), having reached a settlement in this matter on a class-wide basis, the Court having reviewed the Class Action Settlement Agreement (“Settlement Agreement”), attached hereto as Attachment 1 and a part of this Order, and the record in this Litigation, including the Plaintiff’s Unopposed Motion for Preliminary Approval of the Parties’ Class Action Settlement Agreement and for Approval of Class Certification, Form and Manner of Class Notice and Scheduling Hearing for Final Approval of Settlement. IT IS HEREBY ORDERED AS FOLLOWS:
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Order Granting Preliminary Approval. 3 On 2021, Plaintiff Xxxx Xxxxxxxx on behalf of himself and the proposed Settlement 4 Class (“Plaintiff”) and Defendant San Diego Association of Governments (“Defendant” or 5 “SANDAG”) (collectively referred to as the “Parties”) entered into a Settlement Agreement and 6 Release (“Agreement”), after an arms-length mediation, with the assistance of mediator Xxxxxx
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Order Granting Preliminary Approval. 3 On April , 2021, Plaintiff Xxx Xxxxx on behalf of himself and the proposed 4 Settlement Class (“Plaintiff”) and Defendants Orange County Transportation 5 Authority, Xxxxxxx Xxxxxxx and Xxxx Xxxxxxx (collectively “OCTA”), and 6 Defendant Cofiroute USA, LLC (“Cofiroute”) (OCTA and Cofiroute are 7 collectively referred to as “Defendants”) entered into a Settlement Agreement and 8 Release (“Agreement”), after two arm’s-length mediations, both with the assistance 9 of mediator Xxxxxx Kaplan1 The settlement reached by Plaintiff and Defendants will 10 be referred to as the “Settlement.” 11 Plaintiff now moves this Court, pursuant to Federal Rule of Civil Procedure 12 (“Rule”) 23(e), for an order preliminarily approving the Settlement and directing 13 notice of the proposed Settlement be given to the Settlement Class upon the terms 14 and conditions set forth in the Agreement (“Motion”). The Motion was referred to 15 the Special Master, Judge Xxxxxx X. Xxxxxxxx (xxx.) (see Dkt. 582), and a hearing on 16 the Motion occurred on April 23, 2021. Special Master Guilford issued a Report and 17 Recommendation recommending granting the Motion for Preliminary Approval of 18 the Settlement.
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Related to Order Granting Preliminary Approval

  • Preliminary Approval A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • PRELIMINARY APPROVAL OF SETTLEMENT Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A.

  • Preliminary Design Phase 30 percent plans) A. Proceed with Preliminary Design Phase after the completion of the Conceptual phase which includes: Acceptance by Owner of the Conceptual Report and any other Study and Report Phase deliverables; selection by Owner of a recommended solution; issuance by Owner of any instructions for use of Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design, and Indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner. 1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. 2. Include on plans, property lines, structure locations, ownership names and contact information. 3. In preparing the Preliminary Design Phase documents, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Conceptual Phase, and include sustainable features, as appropriate, pursuant to Owner’s instructions. 4. Provide necessary field surveys, topographic and utility mapping for Engineer’s design purposes. Comply with the scope of work and procedure for the identification and mapping of existing utilities as defined by Section A1.03 “Utility Requirements” and Section A1.04 “Survey Services” 5. Visit the Site as needed to prepare the Preliminary Design Phase documents. 6. Advise Owner if additional reports, data, information, or services of the types described are necessary and assist Owner in obtaining such reports, data, information, or services. 7. Continue to assist Owner with Project Strategies, Technologies, and Techniques that Owner has chosen to implement. 8. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in tabulating the various cost categories which comprise Total Project Costs. 9. Obtain and review Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Also obtain and review copies of Owner’s design and construction standards, Owner’s standard forms, general conditions, supplementary conditions, text, and related documents or content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and in the draft Construction Contract Documents, when applicable. 10. Development communication plan for project: considering the use of door hangers, letters, public meetings, changeable message boards. 11. Furnish 6 review copies of the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables to Owner by established due date, and review them with Owner. Owner shall submit to Engineer any comments regarding the furnished items. 12. Revise the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables in response to Owner’s comments, as appropriate, and furnish to Owner 6 copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables by the specified due date. 13. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to Owner the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other Preliminary Design Phase deliverables.

  • Approval of Plans and Specifications The Plans and Specifications will conform to the requirements and conditions set out by applicable law or any effective restrictive covenant, and to all governmental authorities which exercise jurisdiction over the Leased Premises or the construction thereon.

  • Bidding Phase 2.8.1 The Professional, following the Owner's approval of the Construction Document Phase, shall assist the Owner in obtaining bids and in award and preparation of Construction Contracts. 2.8.2 The Professional shall attend the bid opening and furnish a suitably detailed tabulation sheet for recording the name of each Bidder, the Bidder's Certificate of Responsibility Number, Bid Security, Base Bid, Alternates, and remarks. The Professional shall furnish sufficient tabulation sheets for all in attendance. Immediately after receipt of bids, the Professional shall submit to the Owner a certified tabulation of all bids received, along with his recommendation as to Contract award. 2.8.3 The Professional, following the award of a Construction Contract, shall prepare and submit to the Owner, two (2) copies of updated Construction Documents (Plans/Specifications). Each copy shall be marked OFFICIAL CONTRACT DOCUMENTS and shall include an executed bid Proposal Form, Agreement Form, Contract Bond, Power of Attorney, Certificate of Insurance, all bulletins, Addenda, and supplemental Drawings. One (1) copy shall be retained by the Owner, one (1) copy shall be for the Contractor. Any other contract document guidelines will be distributed to the Professional at the bid opening. 2.8.4 The Professional shall also furnish the area and volume of the building computed in accordance with criteria of the American Institute of Architects; and the square foot and cubic foot costs of only the building, the mechanical system, the electrical system, special built-in equipment, and the total Project cost. 2.8.5 The Professional shall, unless waived by the Owner, also submit one electronic format copy of the updated Contract Documents (plans and specifications) in coordination with said Contract Documents in 2.8.3 above. Said electronic submittal to be submitted within thirty (30) days after award by Owner in .pdf format. The actual cost of the electronic submittal shall be paid by the Owner, with cost approval by the Owner before printing is ordered in accordance with 3.4.

  • Additional Filings Unless filed pursuant to Rule 462(c) as part of the Additional Registration Statement in accordance with the next sentence, the Company will file the Final Prospectus, in a form approved by the Representatives, with the Commission pursuant to and in accordance with subparagraph (1) (or, if applicable and if consented to by the Representatives, subparagraph (4)) of Rule 424(b) not later than the earlier of (A) the second business day following the execution and delivery of this Agreement or (B) the fifteenth business day after the Effective Time of the Initial Registration Statement. The Company will advise the Representatives promptly of any such filing pursuant to Rule 424(b) and provide satisfactory evidence to the Representatives of such timely filing. If an Additional Registration Statement is necessary to register a portion of the Offered Securities under the Act but the Effective Time thereof has not occurred as of the execution and delivery of this Agreement, the Company will file the additional registration statement or, if filed, will file a post-effective amendment thereto with the Commission pursuant to and in accordance with Rule 462(b) on or prior to 10:00 P.M., New York time, on the date of this Agreement or, if earlier, on or prior to the time the Final Prospectus is finalized and distributed to any Underwriter, or will make such filing at such later date as shall have been consented to by the Representatives.

  • Order to Stop Work The Chief Procurement Officer, may, by written order to Contractor at any time, and without notice to any surety, require Contractor to stop all or any part of the work called for by this contract. This order shall be for a specified period not exceeding 90 days after the order is delivered to Contractor, unless the parties agree to any further period. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed, the Chief Procurement Officer shall either: i. cancel the stop work order; or, ii. terminate the work covered by such order as provided in the Termination for Default clause or the Termination for Convenience clause of this contract.

  • Development Schedule The Project shall substantially comply with the specific timetables and triggers for action set forth in Article 5 of this Agreement. The parties acknowledge that, as provided in G.S. 160A-400.25(b), the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of this Agreement pursuant to G.S. 160A-400.27 but must be judged based upon the totality of the circumstances.

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