The Court has not made (and will not make) any determination as to the merits of any claims or defenses in the Action. This notice does not imply that any Individual Defendant would be found liable or that relief would be awarded if the Action were not being settled. Nothing herein shall in any way impair or restrict the rights of any Party to enforce the terms of the Stipulation. 

VII. PLAINTIFF'S COUNSEL'S FEES AND EXPENSES

Plaintiff's Counsel intends to seek an award of fees and expenses, in the aggregate, of not more than $250,000 (the "Fees and Expenses"). Defendants agree not to oppose an award of fees and expenses, in the aggregate, that does not exceed such amount, which amount will be payable by the Company, its successors in interest, and/or its insurers. Any order or proceeding relating to the Fees and Expenses, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel the Stipulation, or affect or delay the finality of the Order and Final Judgment approving the Stipulation and the Settlement as set forth herein.

VIII. THE RIGHT TO OBJECT AND/OR BE HEARD AT THE HEARING

Any person who objects to the Settlement, the Order and Final Judgment to be entered in the Action, and/or Plaintiff's Counsel's application for attorneys' fees and expenses, or who otherwise wishes to be heard, may appear in person or by counsel at the Settlement Hearing and present evidence or argument that may be proper and relevant. 

IX. CONDITIONS OF SETTLEMENT

The Settlement is conditioned upon the occurrence of certain events described in the Stipulation.  Those events include the occurrence of the Effective Date, which means the first date by which all of the following events and conditions have been met and have occurred:

(a) The conditional certification of the Action as a non-opt-out class action on behalf of a Class;

(b) The approval by the Court of a release of the Released Defendant Parties and the entry by the Court of the Order and Final Judgment; and

(c) The Order and Final Judgment has become Final.

X. EXAMINATION OF PAPERS AND INQUIRIES

This notice contains only a summary of the terms of the Settlement. For a more detailed statement of the matters involved in the Action, there is additional information concerning the Settlement available in the Stipulation, which may be inspected at the Office of the Clerk, Superior Court of the State of California for the City and County of Santa Clara, 191 North First Street, San Jose, California 95113-1090, during regular business hours of each business day.   

Clerk of the Court
Superior Court of California
City and County of Santa Clara
191 North First Street
San Jose, CA 95113-1090
Telephone: (408) 882-2100

PLEASE DO NOT TELEPHONE THE COURT OR TRIMBLE REGARDING THIS NOTICE

FTRMB

¹ Except as otherwise expressly provided herein, all capitalized terms contained herein shall have the same meanings and/or definitions as set forth in the Stipulation of Settlement.

To view the original version on PR Newswire, visit: http://www.prnewswire.com/news-releases/trimble-announces-notice-of-hearing-and-proposed-class-action-settlement-300219312.html

SOURCE Trimble