Common use of Waiver of Right to Appeal Clause in Contracts

Waiver of Right to Appeal. Provided that the Judgment is consistent with the terms and conditions of this Agreement, Plaintiffs, Participating Class Members who did not timely submit an objection to the Settlement, Defendant, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate or set aside judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become nonappealable at the time it is entered. The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This paragraph does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the requested Class Representative Payments, or the Class Counsel Fees and Litigation Expense Payment sought by them.

Appears in 1 contract

Samples: Settlement Agreement

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Waiver of Right to Appeal. Provided that the Judgment is consistent with the terms and conditions of this Agreement, Plaintiffs, Participating Class Members who did not timely submit an objection to the SettlementMembers, DefendantPAGA Employees, and their Defendants, and its respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as as, but not limited to, a motion to vacate or set aside judgment, a motion for new trial, a motion for relief and any extraordinary writ, and the Judgment therefore will become nonappealable non-appealable at the time it is entered. The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This paragraph does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the requested full Class Representative PaymentsPayment, the Class Counsel Fees Payment, or the Class Counsel Fees and Litigation Expense Expenses Payment sought by them.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

Waiver of Right to Appeal. Provided that the Judgment is consistent with the terms and conditions of this Agreement, Plaintiffs, Participating Class Members who did not timely submit an objection to the SettlementMembers, and Defendant, and their its respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as as, but not limited to, a motion to vacate or set aside judgment, a motion for new trial, a motion for relief and any extraordinary writ, and the Judgment therefore will become nonappealable non-appealable at the time it is entered. The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This paragraph does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the requested full Class Representative PaymentsPayment, the Class Counsel Fees Payment, or the Class Counsel Fees and Litigation Expense Expenses Payment sought by them.

Appears in 1 contract

Samples: Class Action Settlement Agreement and Release

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Waiver of Right to Appeal. Provided that the Judgment is consistent with the terms and conditions of this Settlement Agreement, Plaintiffs, Participating Plaintiff and any Class Members Member who did not properly and timely submit an objection to the Settlement, Defendantas described in Section 3.4 above, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate or set aside judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become nonappealable non-appealable at the time it is entered. The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This paragraph does not preclude Plaintiffs Plaintiff or Class Counsel from appealing from a refusal by the Court to award the requested Class Representative Paymentsincentive payment to Plaintiff described in Section 2.4 above, or the requested attorneys’ fees and expenses to Class Counsel Fees and Litigation Expense Payment sought by themdescribed in Section 2.5 above.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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