Signature s/Authority to Execute and Sign Sample Clauses

Signature s/Authority to Execute and Sign. The signatories hereto represent and warrant that they have the authority to sign on behalf of their designated Parties. The Parties further represent and warrant that they are competent to enter into this Settlement Agreement and have the full right, power, and authority to enter into and perform the obligations herein. This Settlement Agreement may be executed in counterparts and each counterpart, when executed, shall have the efficacy of a second original. Photographic, facsimile, or digital copies or signatures of such signed counterparts may be used in lieu of the originals for any purpose. The Parties may provide a “wet signature” or a signature from a legally-binding eSignature service, including but not limited to HelloSign, for purposes of effectuating the Settlement Agreement. If a Named Plaintiff is unable to provide a handwritten signature, the following conditions apply: 1. The electronic signature system and processes Counsel for Settlement Plaintiffs used to obtain the Named Plaintiffs signature must comply with the federal ESIGN Act and any state laws regarding the use or adoption of electronic signatures; 2. Named Plaintiffs consents, and hereby acknowledges such consent, to using electronic signatures for this purpose (a requirement under both the federal and state laws); 3. Counsel for Settlement Plaintiffs have selected and implemented a method in their electronic signature system to authenticate Named Plaintiffs to ensure the signature is Named Plaintiffs’ signatures; 4. Counsel for Settlement Plaintiffs has and will maintain records of the system and the process used to present the Settlement Agreement to the Named Plaintiffs and obtain and record Named Plaintiffs’ signatures, and they will maintain and provide such records to Defendant’s counsel and Defendant if needed to allow them to lay the foundation for the admission of the Settlement Agreement into evidence; 5. The Parties agree that providing an electronic signature obtained via the HelloSign system, with accompanying HelloSign audit trail, shall satisfy conditions 1-4 in this Section; 6. Named Plaintiffs waive any objections to the admission of the Settlement Agreement in any later action to enforce the terms of the agreement based on the electronic signature process; and 7. Named Plaintiffs and Counsel for Settlement Plaintiffs agree to indemnify and hold Defendant and Defendant’s counsel harmless from any loss, cost, damage or expense (including attorneys’ fees) resulting f...