Defendant’s Option to Terminate. If more than five percent (5%) of the Class Members submit Exclusion Forms, Defendant, at its sole option, may withdraw from the Settlement and this Agreement is null and void.
Defendant’s Option to Terminate. Defendant shall retain the right, in the exercise of its sole discretion, to nullify the Settlement if ten percent (10%) or more of the Class Members make a valid request to be excluded from the Settlement. If Defendant exercises this option to nullify the Settlement, Defendant shall pay for all of the third-party administrator’s costs incurred up to the point of Defendant’s notification of nullification of the Settlement. The Parties agree to an opt-out/objection period of thirty (30) days.
Defendant’s Option to Terminate. If five percent (5%) or more of the Class Members exercise their rights to exclude themselves and opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the Settlement Agreement no later than five (5) court days prior to the date of the Final Approval Hearing. In the event of Defendant’s withdrawal, no Party may use the fact that the Parties agreed to the Settlement Agreement for any reason. Defendant will be responsible for paying any Administration Costs incurred if Defendant exercises
Defendant’s Option to Terminate. If more than 250 class members opt out of the settlement, CytoSport has the right in its sole discretion, but not the obligation, to terminate the settlement and revert to the status quo ante.
Defendant’s Option to Terminate. If more than fifteen percent (15%) of the Class Members submit Requests for Exclusion, Defendant may, in its sole option, unilaterally withdraw from the Settlement no later than five (5) business days after to the Response Deadline, and this Agreement will become null and void. If Defendant exercises its right to withdraw from the Settlement under this provision, Defendant will be responsible for paying all Administration Costs incurred up to the point of Defendant’s withdrawal from and termination of the Settlement. In the event Defendant withdrawals, no party may use the fact that the parties agreed to the Settlement for any reason.
Defendant’s Option to Terminate. If five percent (5%) or more of the Class Members opt out of this Settlement, then Defendant has, at its sole discretion, the right to withdraw from and void this Settlement, and the Parties will revert to their positions prior to
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members timely opt out of the Settlement, Defendant shall have the sole and absolute discretion to rescind/void the Settlement Agreement within twenty (20) calendar days after receiving from the Settlement Administrator the final list of opt-outs. Defendant agrees to meet and confer in good faith with Class Counsel before rescinding or voiding the Settlement Agreement. In the event that Defendant elects to rescind/void the Settlement Agreement, it shall provide written notice of such rescission to Class Counsel. Such rescission shall have the same effect as a termination of the Settlement Agreement for failure to satisfy a condition of settlement, and the Settlement Agreement shall become null and void and have no further force or effect, and the Class certified pursuant to the Settlement Agreement will be decertified for all purposes, except where the approving Court has approved the PAGA settlement set forth in the Settlement Agreement and Defendant has issued the payment of the PAGA Payment, the release of the PAGA claims shall be binding. If Defendant chooses to terminate the Settlement Agreement under this provision, Defendant shall be responsible to
Defendant’s Option to Terminate. Defendant has the option to terminate this Agreement and thereby render this Agreement null and void, at its complete discretion, if (a) the Court fails to give preliminary approval to any material terms of the Agreement or any material aspect of the Settlement, or fails to give final approval to any material terms of the Agreement or any material aspect of the Settlement; (b) the number of valid and timely requests for exclusion (opt-outs) by individuals who are sent Class Notice as provided in Section 4(b)(ii) is three hundred and seventy-five (375) or more; (c) an appellate court reverses the Court’s granting of final approval to any material terms of the Agreement or any material aspect of the Settlement; (d) Plaintiff or Class Counsel commit a material breach of any terms of the Agreement or any aspect of the Settlement before entry of the Final Approval Order and Judgment; or (e) upon such other grounds as may be agreed to by the Parties or permitted by the Court. If Defendant exercises its option pursuant to Section 10(b), Defendant shall communicate its option to terminate in writing to Class Counsel within seven days after receiving a report of the numbers of opt-outs certified by the Settlement Administrator following the last date for members of the Settlement Class to opt-out. Defendant agrees that it will not initiate contact with any Class Member concerning the Civil Action or the proposed Settlement thereof without the prior consent of Class Counsel, nor will Defendant initiate, facilitate, acquiesce or otherwise participate in any effort to encourage any Class Member or group of Class Members to opt-out of the proposed Settlement. Defendant will not settle any claims with any Class Member who opts out of the Settlement until after the Settlement is approved or rejected by the Court. Defendant will provide notice to Class Counsel via email or phone if a Class Member contacts Defendant for the purpose of discussing the Civil Action.
Defendant’s Option to Terminate. 10.1 Defendants have the option to terminate this Settlement Agreement and thereby render the Settlement Agreement null and void, if (a) the Court fails to give preliminary approval to this Settlement Agreement or any aspect of the settlement, or fails to give final approval to this Settlement Agreement or any aspect of the Settlement; (b) the Court modifies the Agreement, the proposed Preliminary Approval Order or proposed Final Approval Order in a way that Defendants reasonably consider to be material; (c) the number of valid and timely requests for exclusion (opt-outs) by individuals equals or exceeds five percent (5%) of the total number of individuals in the Settlement Class who are sent Notice as provided in Section 4.2(b), above; or
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members submit valid, timely Exclusion Requests, Defendant, at its sole option, may withdraw from the Settlement and this Settlement Agreement is null and void. If Defendant exercises the option to terminate this Settlement, Defendant shall: (a) provide written notice to Class Counsel within ten (10) calendar days after the Response Deadline and (b) pay all Settlement Administration Costs actually incurred up to the date or as a result of the termination (not to exceed $10,000.00); and the Parties shall proceed in all respects as if this Settlement Agreement had not been executed.
