Plaintiffs and Plaintiffs. Class Counsel hereby agree and acknowledge that the provisions of this Release together constitute an essential and material term of the Agreement and shall be included in any Final Order and Final Judgment entered by the Court.
Plaintiffs and Plaintiffs. Class Counsel agree that the confidential information made available to them solely through the settlement process was made available, as agreed to, on the condition that neither Plaintiffs nor their counsel may disclose it to third parties (other than experts or consultants retained by Plaintiffs in connection with the Actions); that it not be the subject of public comment; that it not be used by Plaintiffs or Plaintiffs’ Class Counsel in any way in this litigation or otherwise should the Settlement not be achieved, and that it is to be returned if a Settlement is not concluded; provided, however, that nothing contained herein shall prohibit Plaintiffs from seeking such information through formal discovery if not previously requested through formal discovery or from referring to the existence of such information in connection with the Settlement of the Action.
Plaintiffs and Plaintiffs. Counsel represent and warrant that the Plaintiffs are Settlement Class Members and none of Plaintiffs’ claims or causes of action against one or more Defendants in the Action, or referred to in this Stipulation, or that could have been alleged against one or more Defendants in the Action have been assigned, encumbered, or in any manner transferred in whole or in part.
Plaintiffs and Plaintiffs. Counsel agree and acknowledge that the payment obligations set forth in this section apply only to RideCharge and expressly do not apply to the Taxi Operators. Plaintiffs agree that the Taxi Operators are not subject to these payment obligations and agree that the Taxi Operators shall not be held liable in the event of any dispute regarding the payment obligations set forth herein.
Plaintiffs and Plaintiffs. Counsel acknowledge and agree that the confidentiality requirements of this Agreement prohibit them from making any further disclosures of or related or alluding to any of the factual allegations forming the basis of any claims, directly or indirectly, of or in the Delaware Lawsuit or similar allegations.
Plaintiffs and Plaintiffs. Counsel believe that the proposed Settlement confers substantial benefits upon the Classes and that it is fair, reasonable, and adequate and in the best interest of the Classes. They recommend it to the Classes and to the Court for its approval. Defendant and Defendant’s Counsel also recommend the Settlement to the Court for its approval.
Plaintiffs and Plaintiffs. Counsel agree and understand that Plaintiffs are solely responsible for paying and satisfying any and all Liens, claims or demands, private or public, to the extent they apply to the individual Program Awards, including without limitation, any and all liens, claims or demands under the MMSEA or the MSP.
Plaintiffs and Plaintiffs. Class Counsel hereby agree and acknowledge that the provisions of this Release together constitute an essential and material term of the Agreement and shall be included in any Final Order and Final Judgment entered by the Court. Case: 1:13-cv-05795 Document #: 306-1 Filed: 10/17/17 Page 76 of 101 PageID #:6417 Case: 1:13-cv-05795 Document #: 306-1 Filed: 10/17/17 Page 77 of 101 PageID #:6418 Case: 1:13-cv-05795 Document #: 306-1 Filed: 10/17/17 Page 78 of 101 PageID #:6419 Case: 1:13-cv-05795 Document #: 306-1 Filed: 10/17/17 Page 81 of 101 PageID #:6422 Case: 1:13-cv-05795 Document #: 306-1 Filed: 10/17/17 Page 82 of 101 PageID #:6423 Xxxxxxxxxx Xxxx oversees GCG’s Notice & Media Team which comprises notice, advertising and media experts with more than 60 years of advertising experience who have developed some of the most successful, complex, and high-profile notice campaigns in history while utilizing the most current methods and technology for locating and reaching class members. Based on her more than 25 years of experience in key Operations roles at GCG in which she gained in-depth knowledge of the evolution of the Federal Rules of Civil Procedure, particularly rules regarding notice, Xx. Xxxx leads a team that combines proven media industry expertise and operations experience with class member communications and management to provide a thorough, tailored, and efficient notice program. +0 000-000-0000 0000 Xxxxxx Xxx. Lake Success, NY 11042 shandarese.xxxx@ xxxxxxxxx.xxx Xx. Xxxx has led the administration of hundreds of class action settlement, including more than 150 securities class action settlements. She has orchestrated all aspects of massive administrations such as the $1.1 billion In Re Royal Ahold Securities and ERISA Litigation, in which GCG mailed over 25 million notices translated into 16 languages to potential claimants in 105 countries. For the $2.4 billion Nortel Networks Corp. Securities litigations, she oversaw the execution of a notice program involving mailed notice to over 2.3 million class members in the United States, Canada and around the globe. Some of the other large and wide-reaching programs she has handled include Global Crossings, WorldCom, Lucent, Enron, DaimlerChrysler, Oxford Health Plans, and Dollar General. In addition to leading GCG’s Notice Team, Xx. Xxxx is responsible for executing GCG’s diversity and inclusion vision by creating and launching company-wide programs and initiatives that focus on innovation, perform...
Plaintiffs and Plaintiffs. Organizational Counsel shall maintain the confidentiality of the materials and information received under this Section 3, and shall not make any disclosure of such materials, except in connection with the assertion of Future Child-Caring Claims as set forth in Section 8 of this Settlement Agreement, a court proceeding to enforce the terms of the Settlement Agreement as set forth in Section 9 of this Settlement Agreement, communicating with representatives of the Commonwealth Defendants, or as required by a court of law. To the extent that Plaintiffs and/or Plaintiffs’ Organizational Counsel need to disclose such materials to a court for the purpose of asserting Future Child-Caring Claims, enforcing the Settlement Agreement, or as required by a court of law, they will move the court for leave to file the materials under seal pursuant to the terms of the Protective Order. On an annual basis, Plaintiffs’ Organizational Counsel shall each identify one individual to receive the materials and information required by this Section 3.
Plaintiffs and Plaintiffs. Counsel (as defined below) have agreed to settle this Action, and Hood and Ohio Counsel (as defined below) have agreed to dismiss the Ohio Action with prejudice, pursuant to the provisions of this Agreement, considering, among other things:
(1) the substantial benefits available to Plaintiffs and the Settlement Class under the terms of this Agreement; (2) the attendant risks and uncertainties of litigation, especially in complex litigation such as this Action and the Ohio Action, as well as the difficulties and delays inherent in such litigation; and (3) the desirability of consummating this Agreement promptly to provide effective monetary and other relief to the Class.
