Proposed Settlement Clause Samples

Proposed Settlement. Class Members who file a Claim Form must notify the Claims Administrator of any change of address. A failure to notify the Claims Administrator of a change of address may result in the forfeiture of a monetary award for compensatory damages. The Claims Administrator shall be available through the toll-free line to respond to requests from Proposed Settlement Class Members for assistance in completing and filing Claim Forms. Class Counsel shall also be available to consult with and provide assistance to Proposed Settlement Class Members who request assistance in completing their Claim Forms.

Proposed Settlement. Class Members may exclude themselves, or opt out, of the Settlement. Any Proposed Settlement Class Member who wants to opt out of the Settlement Class may file a timely request for exclusion pursuant to the provisions described in the Notice of Class Action Settlement. Such written request for exclusion must contain the name, address and telephone number of the person requesting exclusion. The opt-out must be personally signed by the Proposed Settlement Class Member who seeks to opt out. No opt-out request may be made on behalf of a group of Proposed Settlement Class Members. The request for exclusion must contain the statements described in the Notice of Class Action Settlement, and must be sent by mail or courier to the Claims Administrator so that it is actually postmarked (or received, if by courier) within thirty-five (35) calendar days after Notice was mailed by the Claims Administrator. The postmark date of the mailing envelope shall be the exclusive means used to determine whether a request mailed for exclusion (opt-out) has been timely submitted. Any person who timely submits such a request for exclusion shall be barred from participation in the Settlement, and shall receive no benefit from the Settlement. The Claims Administrator shall provide Class Counsel and Counsel for Novartis with a copy of all opt-out statements on a weekly basis.

Proposed Settlement. The parties may potentially disagree about whether or not to accept a settlement offer, or whether to make a particular settlement offer. In the event there is a disagreement in relation to settlement, clauses 8.5 to 8.9 of the LFA provide for a dispute resolution mechanism by way of referral to Counsel for determination. Counsel must also review and approve any proposed settlement where proceedings haven’t been commenced. In relation to class actions in which proceedings have been commenced, further protection is afforded to class members as the Court is required to approve any proposed settlement. • Termination of the funding agreement. Clauses 10.2, 10.3, 10.4 and 10.5 of the LFA provides that LLS may terminate its obligations under the LFA, with notice, but LLS remains liable to indemnify you in respect of any adverse costs that are incurred up to the date of termination. You are also entitled to terminate the LFA in certain circumstances as outlined in clause 10.23 and 10.7 of the attached LFA. • Recruitment of members to a class action. LLS is obliged to review any documents that are released to the public to ensure that they do not contain misleading statements in relation to the proposed claim. Whilst conflicts of interest have the potential to arise in the litigation funding context, LLS is committed to managing any such conflict to ensure that the interests of the client are protected and a successful outcome is achieved for all parties to the LFA. Specifically, LLS reviews every claim that it provides funding for (both at the outset and during the course of the litigation) and in the event that LLS becomes aware that the interests of any of the parties to the LFA are in conflict, LLS will notify you in writing of the nature of the conflict and the way in which it proposes to manage such conflict in order to protect your interests. Throughout the period of the LFA, should you feel at any time that your interests are in conflict with those of LLS, please contact us and/or your lawyers in order that the conflict can be addressed without delay. Clause 13 of the attached draft litigation funding agreement provides for a dispute resolution mechanism in the event that a conflict of interest arises and the parties are unable to resolve that conflict informally among themselves. We recommend that you obtain your own legal advice in relation to the attached LFA and ensure that it addresses any concerns that you may have in relation to the management of an...

Proposed Settlement. Class Counsel may file a motion for the Fee Award and Costs to be paid from the Settlement Fund. The motion shall be filed at least fourteen (14) days before the Opt-Out and Objection Date. Prior to the disbursement of the Fee Award and Costs under this Agreement, Class Counsel shall provide the Settlement Administrator a properly completed and duly executed IRS form W-9.

Proposed Settlement. In the event the Indemnitee desires to settle any third-party claim (whether or not contested by the Indemnitor), the Indemnitee shall advise the Indemnitor in writing of the amount it proposes to pay in settlement thereof (the "Proposed Settlement"). If such Proposed Settlement is unsatisfactory to the Indemnitor, it shall have the right, at its expense, to contest such claim by giving written notice of such election to the Indemnitee within fifteen (15) days after the Indemnitor's receipt of the advice of the Proposed Settlement. If the Indemnitor does not deliver such written notice within fifteen (15) days after receipt of such advice, or if the Indemnitor, after having given such notice to the Indemnitee, fails forthwith to defend, settle or pay such claim, the Indemnitee may offer the Proposed Settlement to the third party making such claim. If the Proposed Settlement is not accepted by the party making such claim, any new Proposed Settlement figure which the Indemnitee may wish to present to the party making such claim shall first be presented to the Indemnitor who shall have the right, subject to the conditions herein above set forth in this Section 12.5.2, to contest such claim. In all such events, the Indemnitor shall indemnify the Indemnitee and hold it harmless against and from any and all costs of defense, payment or settlement, including reasonable attorneys' fees incurred in connection therewith.

Proposed Settlement. The proposed Settlement between the Plaintiff Class and the Defendant, Louisiana-Pacific appears, upon preliminary review, to be within the range of reasonableness and accordingly shall be submitted to the Class Members for their consideration and for a hearing pursuant to Fla. R. Civ. P. 1.220(e).

Proposed Settlement. The District has proposed to settle its title dispute with the State by entering an Exchange Agreement and an accompanying Lease in a separate document. The Exchange Agreement calls for the State to quitclaim its interest in all presently filled areas within the Harbor although, as discussed above, the State's claim to presently filled areas is limited to the approximately 6.68 acres within the subject parcel. The reason for quitclaiming beyond the area of State claim is to completely settle the District's title to filled lands within the Harbor before the District begins new extensive development plans. The actual exchange of value is predicated upon the State relinquishing its interest in the 6.68 acres within the subject parcel for 12.87 acres of land as described below. The lease will be of all State right, title, and interest in the present waterway of the Harbor within the subject parcel. The staff of the State Lands Commission recommends approval of the exchange and lease if substantially in the form of the Exchange Agreement and Lease, copies of which are now on file with the State Lands Commission and which are incorporated herein by this reference Although the Agreement as proposed sets forth all of the terms and conditions of the settlement, a brief summary of some of the principal terms and conditions is set forth below:

Proposed Settlement. A copy of the proposed settlement is available at [website(s)]. If you have questions about the proposed settlement, you can contact Legal Aid at [contact number] or send an email to [email address]. AND

Proposed Settlement. “A district court is required to consider four factors in determining whether a settlement is fair, reasonable, and adequate: (1) the merits of the plaintiff’s case, weighed against the terms of the settlement; (2) the defendant’s financial condition; (3) the complexity and expense of further litigation; and (4) the amount of opposition to the settlement.” In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 932 (8th Cir. 2005)(citations omitted). The Court finds that the terms of the proposed settlement are fair, reasonable and adequate. The proposed settlement appears to provide a substantial portion of that which Plaintiffs set out to recover on behalf of the Class from the alleged wrongful conduct. The proposed settlement provides substantial relief. Further litigation would be costly and could risk a portion of Plaintiffs’ and the Class/Settlement Class’ recovery. The proposed settlement is therefore approved, and the Court finds that the Settlement Class is bound to the terms of the Settlement Agreement, including the release therein of all claims by class members against Defendant regarding the fees at issue.