Common use of Defendant’s Option to Terminate Clause in Contracts

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 five ten percent (510%) or more of the Class Members exercise their rights to exclude themselves and opt out of the Settlement, Defendant Defendants may, in its at their 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 withdrawalIf Defendants withdraw, no Party party may use the fact that the Parties agreed to the Settlement Agreement for any reason. Defendant Defendants will be responsible for paying any Administration Costs incurred if Defendant exercisesthey exercises their right to withdraw from the Settlement pursuant to this provision.

Defendant’s Option to Terminate. If over five percent (5%) or more of the Class Members exercise their rights to exclude themselves and timely 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 exercisesexercises its right to withdraw from the Settlement Agreement under this provision.

Defendant’s Option to Terminate. If five percent twenty (5%20) or more of the Class Members exercise their rights right to exclude themselves and opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the Settlement Agreement settlement 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 party may use the fact that the Parties agreed to the Settlement Agreement settlement for any reason. Defendant will also be responsible for paying any Administration Costs settlement administration costs incurred if Defendant exercisesit exercises its right to withdraw from the Settlement under this provision.