Settlement Implementation. All formal grievance settlements shall specify a time by which the settlement shall be implemented. The time limit may be extended by mutual agreement between the University and the Union.
Settlement Implementation. 4.1 Within five (5) Business Days after the Execution Date, the Parties shall submit the Implementation Order to the MDL Court and the JCCP Court for approval. Among other things, the proposed Implementation Order shall jointly request a stay during the pendency of the settlement proceedings contemplated by this Settlement Agreement of
(i) the underlying proceedings against Altria and any other Released Party, and (ii) the prosecution of any and all actions and proceedings (including discovery) against Altria and/or any other Released Party brought by anyone for, based upon, relating to, or arising out of any Released Claims and Liabilities. Any stay will remain effective during the pendency of the settlement proceedings contemplated by this Settlement Agreement, the Personal Injury Settlement Agreement, and the Class Settlement Agreement, including but not limited to any timely appeal of the Final Approval Order and Judgment, unless modified by further order of the MDL Court, the JCCP Court, or any other appropriate courts.
4.2 Within 30 days after the Execution Date, Defense Counsel shall submit the Non-Settling Cases Order to the MDL Court and the JCCP Court for approval. Plaintiffs’ Leadership may join in submitting the Non-Settling Cases Order but in all events will not oppose entry of the Non-Settling Cases Order so long as it is supported by the Special Master.
4.3 By August 9, 2023, Plaintiffs’ Leadership shall provide to Defense Counsel an updated and final list of all Eligible Government Entity Plaintiffs, substantially in the form of Exhibit 6. Plaintiffs’ Leadership shall also confirm that all Plaintiffs’ Counsel complied with the requirements of Section 2.
4.4 To the extent not already filed, Eligible Government Entity Plaintiffs must file a case by July 31, 2023.
4.5 To the extent not already completed and submitted, Eligible Government Entity Plaintiffs must provide to the Government Entity Settlement Administrator completed and signed Plaintiff Fact Sheets by August 7, 2023. Eligible Government Entity Plaintiffs who do not provide a completed and signed Plaintiff Fact Sheet by this date will be subject to the procedures outlined in the Implementation Order entered in the MDL Court and the JCCP Court, including (following any cure period) dismissal of their Claims with prejudice.
4.6 Each Settling Government Entity Plaintiff shall acknowledge and agree that, notwithstanding anything to the contrary in this Settlement Agreement, including, bu...
Settlement Implementation. 8.1 After receipt of Court approval, the Company shall, in order to obtain Regulatory Approval:
8.1.1 Notify and provide to the Respondents true copies of any application for registration of Plan amendments and promptly notify the Respondents of any written confirmation or denial of registration of Plan amendments received from the Superintendent or CRA.
8.1.2 Use reasonable efforts to amend the Plan to enable payment of Settlement Benefits, Settlement Expenses and Company costs to be paid directly from the Plan as they fall due, and subject to complying with the mandatory provisions of the ITA and the PBA,
(a) the Company shall seek registration under the ITA and PBA of Plan amendments that provide for
(i) bridging benefits referred to in subsection 4.4.2(a);
(ii) Fixed 0.9% Adjustment for Group 1 Members, Group 3 Members, Group 4 Members and Group 5 Members referred to in section 4;
(iii) Group 2 Settlement Benefits referred to in section 4; and
(b) the Company may pay directly or seek registration under the ITA and PBA of Plan amendments that provide for bridging benefits referred to in subsection 4.4.2(b).
8.2 Among other tasks reasonably required to implement the Settlement, the Company shall perform the following tasks:
8.2.1 On or after the Effective Date, pay all individual Settlement Benefits (except for Group 2 Member benefits) on such dates and from time to time as required by the Settlement Order;
8.2.2 On or after the Effective Date, publish the Benefit Notice and thereafter pay all individual Settlement Benefits to Group 2 Members who qualify for payment in accordance with section 5 of this Agreement;
8.2.3 Pay outstanding Settlement Expenses as required by section 10 of this Agreement;
8.2.4 Within 6 months of the Effective Date, and subject to adhering to privacy laws, the Company shall provide to the Respondents an aggregated accounting update of the payment of individual Settlement Benefits as of 30 days prior to the date of the accounting, and if requested by the Respondents, this determination and accounting shall be updated and provided to the Respondents once in each of the 3 calendar years following the Effective Date, but not thereafter unless so ordered by the Court or the Superintendent; and
8.2.5 Provide to the Respondents such other documentation as may be reasonably required by the Respondents to monitor compliance with the implementation of the Settlement, provided that the Company shall not, unless so ordered by the Court, be...
Settlement Implementation. The parties to this Agreement agree to cooperate to implement the terms of the Settlement Agreement, including all steps and efforts contemplated by this Settlement Agreement and any other steps and efforts that may be necessary or appropriate, by order of the Court or otherwise, to carry out the terms of this Settlement.
Settlement Implementation
