Plaintiffs and Class. Counsel will keep the terms of the settlement confidential until the preliminary approval papers are filed. This shall not restrict Class Counsel from posting information on their respective firm websites to notify Class Members of the Settlement and provide them with the Notice, or communicating directly with Class Members about the Settlement.
Plaintiffs and Class. Counsel represent and warrant that they will not provide any form of supplemental notice to members of the Settlement Class that is not specifically agreed upon by Defendant and approved by the Court. However, nothing contained herein shall limit Class Counsel’s right to communicate with the members of the Settlement Class regarding the regarding the lawsuit or the settlement.
Plaintiffs and Class. Counsel agree to provide Defendant all identification information necessary to effectuate the payment of the fees and costs including, but not limited to, Taxpayer Identification Number(s), and completed Internal Revenue Service Form(s) W-9. Attorneys’ fees and incentive awards shall be paid to Class Counsel and Plaintiffs Xxxxxxxxx Xxxxx, Xxxxxxxxxx Xxx, Xxxxxx Xxxxxx, and Xxxxxxxxxxx Xxxxx in accordance with Section H above.
Plaintiffs and Class. Counsel conducted a comprehensive examination of the law and facts relating to the allegations in the Action and UKG’s potential defenses. Plaintiffs believe that the claims asserted in the Action have merit, that they would have ultimately succeeded in obtaining adversarial certification of the proposed Settlement Class, and that they would have prevailed on the merits at summary judgment or trial.
Plaintiffs and Class. Counsel shall have the right to appeal the Court’s determination as to the amount of any Awarded Attorneys’ Fees and Expenses and of any Incentive Awards.
Plaintiffs and Class. Counsel represent and warrant that there are no pending personal injury claims in the Lawsuit, and that they are unaware of any such claims. Plaintiffs and Class Counsel further represent that they are unaware of any insurance, hospital, medical, Medicaid, Medicare, ERISA, Social Security, SSI, attorney liens, or any other type of lien of any kind whatsoever for any claims alleged in the Lawsuit, and that no parties other than those named in this Settlement Agreement have any interest in or right to the settlement proceeds being paid.
Plaintiffs and Class. Counsel believe that the claims asserted in the Actions have merit, and have examined and considered the benefits to be obtained under the proposed resolution set forth in this Agreement, the risks associated with the continued prosecution of this complex, costly, and time-consuming litigation, and the likelihood of success on the merits of the Action, and any subsequent appeal. Plaintiffs and Class Counsel fully investigated the facts and law relevant to the merits of the Action.
Plaintiffs and Class. Counsel shall be reimbursed and indemnified solely out of the Settlement Fund for all expenses. The Releasees shall not be liable for any costs, fees, or expenses of any of Plaintiffs' or the Class' respective attorneys, experts, advisors, agents, or representatives, but all such costs, fees, and expenses as approved by the Court shall be paid out of the Settlement Fund Expenses.
Plaintiffs and Class. COUNSEL agree that the discussions and the information exchanged in the course of negotiating this SETTLEMENT and AGREEMENT is confidential and was made available on the condition that they not be disclosed to third parties, that they not be the subject of public comment, and that they not be publicly disclosed or used by PLAINTIFFS or CLASS COUNSEL in any way in the ACTION should it not settle, or in any other proceeding.
Plaintiffs and Class. COUNSEL agree that she or they will not disparage BWW or any of the Released Parties in any manner potentially harmful to them or their business, business reputation, or personal reputation. This includes, but is not limited to, publishing disparaging statements (whether anonymously or for ascription) on the web, in blogs, in chat rooms, in emails, social media, or in any other electronic means of transmitting information.
