Pursuant to Rule. 12b-1 under the 1940 Act, the Service Shares of each Portfolio have adopted a Distribution and Shareholder Servicing Plan (the "12b-1 Plan") which, among other things, authorizes the Distributor to enter into this Agreement with organizations such as Company and to compensate such organizations out of each Portfolio's average daily net assets attributable to the Service Shares.
Pursuant to Rule. 5.5 of Circular 1/2005, the parties executing this Agreement agree to incorporate the following provisions:
Pursuant to Rule. 12.1(b), a settlement conference was held on August 30, 2022.4
Pursuant to Rule. R-1 of the Rules, the parties agree that the Expedited Procedures under the Rules shall apply if the monetary value of the Dispute as described in the Demand for Arbitration is equal to or less than $250,000.
Pursuant to Rule. 8.2 of the Regulations, Lessor may give any notice or deliver any document hereunder to Lessee by mailing the same by registered mail addressed to Lessee at P.O. Box 374, Hilo, Hawaii 96720 or by delivering the same in person to any officer of Xxxxxx. Lessee may give any notice or deliver any document hereunder to Lessor by mailing the same by registered mail addressed to Lessor at P.O. Box 621, Honolulu, Hawaii 96709 or by delivering the same to Lessor in person. For the purposes of this paragraph, either party may change its address by written notice to the other. In case of any notice or document delivered by registered mail, the same shall be deemed delivered when deposited in any United States Post Office, property addressed as herein provided, with postage fully prepaid.
Pursuant to Rule. 23 of the Massachusetts Rules of Civil Procedure, the Court preliminarily certifies, for settlement purposes only, a Settlement Class consisting of the following:
Pursuant to Rule. 23.1 of the Federal Rules of Civil Procedure, this Court hereby finally approves the Stipulation and Settlement in all respects, and orders the Settling Parties to perform its terms to the extent the Settling Parties have not already done so.
Pursuant to Rule. 41(a)(1) of the Federal Rules of Civil Procedure, this action shall be dismissed with prejudice as between ' Gainesville and FPL, with each party to bear its own costs.
Pursuant to Rule. 23 of the Massachusetts Rules of Civil Procedure, the Court, in its discretion and for settlement purposes only, conditionally finds that:
Pursuant to Rule. 23(e)(1)(A) and (C), the Court hereby approves and confirms the Settlement and the terms therein as being a fair, reasonable, and adequate settlement and compromise of the claims asserted in the Class Action.
