PROVISIONAL APPROVAL OF THIS AGREEMENT Sample Clauses

PROVISIONAL APPROVAL OF THIS AGREEMENT. A. Stay of the Xxxxxxxx Class Action, Xxxxxx Class/PAGA Action, and Xxxxxx Class and PAGA Actions; Amendment to Xxxxxxxx PAGA Action and Preliminary Approval of Agreement before Xxxxxxxx PAGA Action Court. Upon execution of this Agreement, the Parties shall take the following actions: 1. The Parties acknowledge that, on November 20, 2023, the Court in the Xxxxxxxx Class Action, Xxxxxx Class/PAGA Action, and Xxxxxx Class Action entered an Order in each of those cases on the Parties’ stipulations pursuant to which those cases are stayed pending final approval of this Agreement through the Xxxxxxxx PAGA Action. The Parties further acknowledge that on November 20, 2023, the Court in the Xxxxxx PAGA Action entered an Order pursuant to the Parties’ stipulation to stay that case pending final approval of this Agreement. 2. The Parties acknowledge that on January 23, 2024, the Parties filed a stipulation and proposed order for leave to file an amended consolidated complaint in the Xxxxxxxx PAGA Action for the purpose of adding Xxxxxx and Xxxxxx as class and PAGA representatives and adding class claims and PAGA claims that mirror the class and PAGA claims alleged in the Xxxxxxxx Class Action, Xxxxxx Class/PAGA Action, Xxxxxx Class and PAGA Actions, and the notices submitted by Plaintiffs to the LWDA. 3. The Parties agree that in the event the Court does not grant final approval of the class/PAGA action settlement in the consolidated Xxxxxxxx/Xxxxxx/ Xxxxxx Class/PAGA Action, the Parties return to status quo as existed prior to the date the Parties signed the Memorandum of Understanding and the operative complaint in each lawsuit shall be the initial complaints filed in each lawsuit. 4. The Parties agree to use their best efforts to schedule a hearing at which to seek preliminary approval of the Settlement so that the hearing occurs within sixty (60) calendar days of the date upon which the Parties execute this Agreement. If it is not possible to schedule a hearing on preliminary approval of the Settlement within sixty (60) calendar days of the date this Agreement becomes fully executed, the Parties agree to schedule the hearing at the first mutually agreeable available date thereafter. 5. Class Counsel shall jointly move the Court in the consolidated Xxxxxxxx/Xxxxxx/Xxxxxx Class/PAGA Action to enter an order as to all of the following: a) Preliminarily certifying, for settlement purposes only, a Class comprising the Class Members; b) Preliminarily appointing, for s...
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Related to PROVISIONAL APPROVAL OF THIS AGREEMENT

  • Authorization of this Agreement This Agreement has been duly authorized, executed and delivered by or on behalf of such Selling Stockholder.

  • Application of this Agreement This Agreement applies to the Land and to the Development proposed in the Development Application, as may be modified.

  • Approval of Agreement The Board of Directors of the Company has authorized the execution and delivery of this Agreement by the Company and has approved this Agreement and the transactions contemplated hereby.

  • Enforcement of this Agreement The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

  • SCOPE OF THIS AGREEMENT 2.1. This Agreement, including Parts A through L, Tables One and Two and exhibits, specifies the rights and obligations of each Party with respect to the establishment, purchase, and sale of Local Interconnection, Collocation, resale of Telecommunications Services and Unbundled Network Elements. Certain terms used in this Agreement shall have the meanings defined in PART A – DEFINITIONS, or as otherwise elsewhere defined throughout this Agreement. Other terms used but not defined in this Agreement will have the meanings ascribed to them in the Act and in the FCC’s and the Commission’s rules, regulations and orders. PART B sets forth the general terms and conditions governing this Agreement. The remaining Parts set forth, among other things, descriptions of the services, pricing, technical and business requirements, and physical and network security requirements.

  • Execution of this Agreement In lieu of an original signature to this agreement, Landlord will accept a valid and legitimate electronic and/or facsimile signature of the Resident. In so doing, Resident hereby acknowledges his or her endorsement and acceptance of this agreement, and he or she waives any challenge to validity of this agreement based on Resident’s endorsement by electronic and/or facsimile signature. THE RESIDENT HEREBY EXPRESSLY AGREES TO THE USE OF ELECTRONIC SIGNATURES FOR THIS LEASE.

  • Effect of this Agreement Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Duration of this Agreement The Term of this Agreement shall be as specified in Schedule A hereto.

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