Use of Order. This Order shall be of no force or effect if the Settlement does not 25 become final and shall not be construed or used as an admission, concession, or declaration by or 26 against Defendant of any fault, wrongdoing, breach, or liability, or that any of the claims asserted 27 in the Action meet the requisites for certification as a class action under federal or California law. 28 Nor shall this Order be construed or used as an admission, concession, or declaration by or 1 against Plaintiffs or the other Class Members that their claims lack merit or that the relief 2 requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses 3 or claims he, she or it may have in the Action or in any other lawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Use of Order. This Order shall be of no force or effect if the Settlement does a Final Approval Order and Judgment is not 25 become final entered or there is no Effective Date and shall not be construed or used as an admission, concession, or declaration by or 26 against Defendant of any fault, wrongdoing, breach, or liability, or that the certifiability of any of the claims asserted 27 in the Action meet the requisites for certification as a class action under federal or California lawclass. 28 Nor shall this Order be construed or used as an admission, concession, or declaration by or 1 against Plaintiffs the Settlement Class Representative or the any other Settlement Class Members Member that their claims lack his or her claim lacks merit or that the relief 2 requested is inappropriate, improper, or unavailable, or as a waiver by any party Party of any defenses 3 defense or claims claim he, she she, or it may have in the Action this litigation or in any other lawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Use of Order. This Order shall be of no force or effect if the Settlement does a Final Approval Order and Judgment is not 25 become final entered or there is no Effective Date and shall not be construed or used as an admission, concession, or declaration by or 26 against Defendant Defendants of any fault, wrongdoing, breach, or liability, or that the certifiability of any of the claims asserted 27 in the Action meet the requisites for certification as a class action under federal or California lawclass. 28 Nor shall this Order be construed or used as an admission, concession, or declaration by or 1 against Plaintiffs the Settlement Class Representative or the any other Settlement Class Members Member that their claims lack his or her claim lacks merit or that the relief 2 requested is inappropriate, improper, or unavailable, or as a waiver by any party Party of any defenses 3 defense or claims claim he, she she, or it may have in the Action this litigation or in any other lawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Use of Order. This Order shall be of no force or effect if the Settlement does Final Approval Order and Judgment is not 25 become final entered or there is no Effective Date and shall not be construed or used as an admission, concession, or declaration by or 26 against Defendant of any fault, wrongdoing, breach, or liability, or that the appropriateness of certification of any of the claims asserted 27 in the Action meet the requisites for certification as a class action under federal or California lawclass. 28 Nor shall this Order be construed or used as an admission, concession, or declaration by or 1 against the Representative Plaintiffs or the any other Settlement Class Members Member that their his or her claims lack merit or that the relief 2 requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses 3 defense or claims he, she or it they may have in the Action this Litigation or in any other lawsuit.
Appears in 1 contract
Samples: Settlement Agreement
Use of Order. This Order shall be of no force or effect if the Settlement does Final Order and Judgment 9 is not 25 become final entered or there is no Effective Date and shall not be construed or used as an admission, 10 concession, or declaration by or 26 against Defendant Defendants of any fault, wrongdoing, breach, or liability, or that 11 the certifiability of any of the claims asserted 27 in the Action meet the requisites for certification as a class action under federal or California lawclass. 28 Nor shall this Order be construed or used as an admission, 12 concession, or declaration by or 1 against Plaintiffs the Settlement Class Representative or the any other 13 Settlement Class Members Member that their claims lack his or her claim lacks merit or that the relief 2 requested is 14 inappropriate, improper, or unavailable, or as a waiver by any party Party of any defenses 3 defense or claims claim he, she she, 15 or it may have in the Action this litigation or in any other lawsuit.
Appears in 1 contract
Samples: Settlement Agreement