Common use of CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION Clause in Contracts

CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 The Effective Date of this Agreement shall be the date defined in Paragraph 1.1.17. 11.2 Performance of the obligations set forth in this Agreement is subject to all of the following material conditions: (A) execution of this Agreement by Defendant, Representative Plaintiff, and Class Counsel. (B) the granting of preliminary approval by the Court. (C) sending of the notices described herein. (D) the granting of final approval by the Court. (E) execution and entry of Judgment by the Court. (F) the occurrence of all other circumstances necessary for the Effective Date to arise. 11.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Plaintiff or any third party. 11.4 If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of November 10, 2022. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated. 11.5 The Parties agree to request a stay of the Litigation pending approval of the Settlement.

CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 12.1 The Effective Date of this Agreement shall be the date the Judgment has become Final, as defined in Paragraph 1.1.171.1.11. 11.2 12.2 Performance of the obligations set forth in this Agreement is subject to all of the following material conditions: (A) execution of this Agreement by DefendantDefendants, Representative Plaintiff, and Class Counsel. (B) the granting of preliminary approval by the Court. (C) sending of the notices described herein. (D) the granting of final approval by the Court. (E) execution and entry of Judgment by the Court. (F) the occurrence of all other circumstances necessary for the Effective Date to arise. 11.3 12.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Class Plaintiff or any third party. 11.4 12.4 If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of November 10February 5, 20222024. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated. 11.5 12.5 The Parties agree to request a stay of the Litigation pending approval of the Settlement.

CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 12.1 The Effective Date of this Settlement Agreement shall be the date the Judgment has become Final, as defined in Paragraph 1.1.171.12. 11.2 Performance 12.2 Frito-Lay shall be able to void this Settlement Agreement if more than 2,000 Class Members opt out of the obligations set forth in this Agreement is subject to all of the following material conditions: (A) execution of this Agreement by Defendant, Representative Plaintiff, and Class CounselSettlement. (B) the granting of preliminary approval by the Court. (C) sending of the notices described herein. (D) the granting of final approval by the Court. (E) execution and entry of Judgment by the Court. (F) the occurrence of all other circumstances necessary for the Effective Date to arise. 11.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Plaintiff or any third party. 11.4 12.3 If this Settlement Agreement is not approved by the Court or the Settlement Agreement is terminated or fails to become effective in accordance with the terms of this Settlement Agreement, the Settling Parties will be restored to their respective positions in the Litigation as on September 8, 2015, the day before the date the Parties agreed to a preliminary term sheet in the presence of November 10, 2022Judge Holwell. In such event, except with respect to the Class Action Administrator’s fees, costs and expenses as provided in Section 6 herein, the terms and provisions of this Settlement Agreement and the preliminary term sheet will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Settlement Agreement will be treated as vacated. Similarly, any order certifying the Class for purposes of effectuating this Settlement Agreement, and all preliminary and/or final findings regarding that class certification order, shall be automatically vacated upon notice of the same to the Court, this Litigation shall proceed as though the Class had never been certified pursuant to this Settlement Agreement and such findings had never been made, and this Litigation shall return to the procedural status quo in accordance with this paragraph. Class Counsel and Defendant’s Counsel shall not refer to or invoke the vacated findings and/or order relating to class settlement in the event this Settlement Agreement is not consummated and the Litigation is later litigated and contested by Defendant under Rule 23 of the Federal Rules of Civil Procedure. 11.5 The Parties agree 12.4 Any application by Class Counsel for attorneys’ fees, costs, and expenses is to request a stay be considered by the Court separately and apart from its consideration of the Litigation pending approval fairness, reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the award of fees and expenses, or any appeal of any order or proceeding relating to the award of fees and expenses, or any appeal of any order relating thereto, shall not be grounds, or operate, to terminate or cancel this Settlement Agreement.

CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 The Effective Date of this Agreement shall be the date defined in Paragraph 1.1.17the Judgment has become Final. 11.2 Performance of the obligations set forth in this Agreement is subject to all of the following material conditions: (A) execution of this Agreement by DefendantDefendants, Representative Plaintiff, and Class Counsel.; (B) the granting entering of preliminary approval the Preliminary Approval Order by the Court.; (C) sending of the notices described herein.; (D) the granting of final approval by the Court.; (E) execution and entry of Judgment by the Court.; and (F) the occurrence of all other circumstances necessary for the Effective Date to arise. 11.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Plaintiff or any third party. 11.4 Plaintiff and Defendants shall each have the right to unilaterally terminate this Agreement by providing written notice of his, her, their or its election to do so (“Termination Notice”) to all other Parties hereto within ten (10) business days of any of the following occurrences: (i) the Court rejects, materially modifies, materially amends or changes, or declines to preliminarily or finally approve the Settlement Agreement; (ii) an appellate court reverses the Final Approval Order, and the Settlement Agreement is not reinstated without material change by the Court on remand; (iii) any court incorporates into, or deletes or strikes from, or modifies, amends, or changes the Preliminary Approval Order, Final Approval Order or the Settlement Agreement in a way that is material, unless such modification or amendment is accepted in writing by all Parties; (iv) if at the conclusion of the Opt-Out Deadline more than one thousand (1,000) Settlement Class Members have opted out of the Settlement. 11.5 If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will shall be restored to their respective positions in the Litigation as of November 10July 12, 2022. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will shall not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will shall be treated as vacated. 11.5 11.6 The Parties agree to request a stay of the Litigation pending approval of the Settlement.

CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 The Effective Date of this Agreement shall be the date defined in Paragraph 1.1.17. 11.2 Performance of the obligations set forth in this Agreement is subject to all of the following material conditions: (A) execution of this Agreement by Defendant, Representative PlaintiffPlaintiffs, and Class Counsel. (B) the granting of preliminary approval by the Court. (C) sending of the notices described herein. (D) the granting of final approval by the Court. (E) execution and entry of Judgment by the Court. (F) the occurrence of all other circumstances necessary for the Effective Date to arise. 11.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Plaintiff Plaintiffs or any third party. 11.4 If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of November 10, 2022the date of signature of this Settlement Agreement. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated. 11.5 The Parties agree to request a stay of the Litigation pending approval of the Settlement.