Adjudication of Disputes Unresolved by Mediation. If the dispute has not been resolved through mediation in conformity with this Agreement within seventy- five (75) days of such appointment of a Magistrate Judge and the issue is a substantial breach of a material term of this Agreement, Plaintiffs may file a motion with the Court seeking specific enforcement of the terms of this Agreement, reinstatement of the claims for prospective relief in the lawsuit, or an extension of the duration of this Agreement by up to one additional year. It shall be Plaintiffs’ burden in making such a motion to demonstrate there has been a substantial breach of a material term. A substantial breach must be either (i) sufficiently frequent and widespread so as to be pervasive or (ii) a breach that deviates from a material provision in a way that denies an essential benefit of this Agreement to class members. Minimal or isolated failures, noncompliance with mere technicalities, failure to give “full consideration” to the experts’ or plaintiffs’ input, or temporary failure to comply during a period of otherwise sustained compliance will not constitute a substantial breach of a material term.
Appears in 5 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
