REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs shall file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes again...
REQUIRED EVENTS. Promptly after execution of this Settlement Agreement by all Parties:
A. Class Counsel and Defendant’s Counsel shall take all reasonable and necessary steps to obtain entry of the Preliminary Approval Order and obtain entry of the Final Approval Order. Class Counsel, with AHM’s pre-filing review and approval, shall prepare and file all documents in connection with the Motion for Preliminary Approval and the Motion for Final Approval. Among other things, the Parties agree that Plaintiffs will file with their motion for preliminary approval, or will have filed prior to issuance of the Preliminary Approval Order, a Second Amended Complaint, that defines the class consistent with the terms of this Settlement Agreement. The Parties further agree that AHM need not file a response to the Second Amended Complaint unless the Settlement does not receive final approval. The Parties further agree that in not responding to the Second Amended Complaint as set forth herein, AHM will not be deemed to have waived any defense, admitted any fact, or have otherwise defaulted or effected a waiver in any manner.
B. In the event that the Court fails to issue the Preliminary Approval Order, or fails to issue the Final Approval Order, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, the Settlement Agreement is voidable with each party returning to their respective pre-settlement posture and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
C. The Parties acknowledge that prompt approval, consummation, and implementation of the Settlement set forth in this Settlement Agreement are essential. The Parties shall cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement Agreement, shall promptly perform their respective obligations hereunder, and shall promptly take any and all actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
D. Upon Entry of the Final Approval Order, this Action shall be dismissed, on its merits and with prejudice, subject to the continuing jurisdiction of the Court. The Final Approval Order also will enjoin the prosecution of any litigation...
REQUIRED EVENTS. Promptly after execution of this Settlement Agreement by all Parties:
A. Class Counsel and Defendant’s Counsel shall take all reasonable and necessary steps to obtain entry of the Preliminary Approval Order and obtain entry of the Final Approval Order. Class Counsel shall prepare and file all documents in connection with the Motion for Preliminary Approval and the Motion for Final Approval.
B. In the event that the Court fails to issue the Preliminary Approval Order, or fails to issue the Final Approval Order, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, the Settlement Agreement is voidable at the election of Class Representative or Defendant with each party returning to their respective pre-settlement posture and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
C. The Parties acknowledge that prompt approval, consummation, and implementation of the Settlement set forth in this Agreement are essential. The Parties shall cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement Agreement, shall promptly perform their respective obligations hereunder, and shall promptly take any and all actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
D. Upon Entry of the Final Approval Order, the Court must enter Judgment in accordance with the terms of this Settlement Agreement, substantially as provided in the Final Approval Order. The Final Approval Order must enjoin the prosecution of any litigation or class action by Plaintiff or any Class Member related to or arising out of the Complaint, Action, and Incident.
REQUIRED EVENTS. Promptly after the execution of this Settlement Agreement:
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Class Counsel will file this Agreement and a motion seeking entry of the Preliminary Approval Order, which order by its terms will accomplish all of the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.3 Designate Plaintiff as the representative of the Settlement Class;
4.4 Designate Class Counsel as counsel for the Settlement Class;
4.5 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order:
a. Process requests for Opt-Outs from the Settlement in accordance with Section VII of this Agreement;
b. Process Objections to the Settlement in accordance with Section VII of this Agreement;
c. Process Claim Forms in accordance with Section VI of this Agreement; and
d. Before disseminating Class Notice, establish the Settlement Website, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms.
4.6 Approve the form, contents, and method of notice to be given to Class Members as set forth in Section VI of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in Section VI of this Agreement.
REQUIRED EVENTS. A. As soon as practicable after the execution of this Agreement, the Parties shall take all necessary steps to seek the Certification and Notice Approval Order, which by its terms shall accomplish all of the following:
1. Certify the Settlement Class as a nationwide class, excluding residents of Québec, solely for the purpose of effecting the Settlement;
2. Designate the Plaintiff as Class Representative of the Settlement Class;
3. Designate Plaintiff’s Counsel as Class Counsel for the Settlement Class;
4. Designate the Settlement Administrator, and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Certification and Notice Approval Order, and the Settlement Approval Order:
a. Disseminate the Certification Notice.
b. Establish the Settlement Website with information that the Parties jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings, such as the operative Statement of Claim in the Lawsuit and materials in support of certification and notice approval and, when granted, approval of the Settlement, plus relevant orders of the Court. The Settlement Website should also have the functionality to accept online submissions by Settlement Class Members of Opt-out Forms, objections, Claim Forms (once the settlement is approved), and any accompanying documentation.
c. Establish a toll-free telephone number that Settlement Class Members can call to request that a hard copy of the Opt-out Form be sent to them by mail with Canada Post, and also to obtain additional information regarding the Settlement. This shall be accomplished before publishing the Certification Notice.
REQUIRED EVENTS. A. All tenured faculty will participate in the following events in person each year:
1. Annual graduation ceremony in June
2. The first two days of ‗opening week‘
B. Requests for exceptions shall be sent to the appropriate VP at least one week in advance of the event and will be considered on a case by case basis.
REQUIRED EVENTS. Faculty will participate in the following events in person each year, which occur within the academic calendar and contract dates:
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, but no later than seven (7) days after execution of this Agreement, Plaintiffs shall file in the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, which Preliminary Approval Order shall by its terms accomplish all the following:
4.1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2. Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.3. Designate Plaintiffs as the Class Representatives of the Settlement Class;
4.4. Designate Class Counsel as counsel for the Settlement Class;
4.5. Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order:
4.5.1. Process Opt-Out requests in accordance with Section 9 of this Agreement;
4.5.2. Process Objections in accordance with Section 9 of this Agreement;
4.5.3. Process Claim Forms in accordance with Section 6 of this Agreement;
REQUIRED EVENTS. Faculty will participate in the following events in person each year, which occur within the academic calendar and contract dates: • Convocation meeting at the start of each academic term as scheduled; • School/Department meetings – held throughout the academic year as scheduled by the academic deans or the associate vice president; • Academic School/Departmental activities - activities determined by the xxxx/associate vice president and/or department chair/director, including but not limited to: participation and attendance at program advisory committees, student seminars, career events, expositions, and local professional development. Any requests for exceptions shall be submitted within 7 calendar days in advance of the scheduled event, through the department chair/director for consideration and recommendation. Final approval will be the authority/discretion of the school xxxx/director/associate vice president. Unapproved absences will be subject to leave without pay.
