Defendant’s Right to Rescind Sample Clauses

Defendant’s Right to Rescind. If ten percent (10%) or more of the Class Members 25 submit timely and valid Requests for Exclusion, Defendant may elect to rescind the Settlement

Defendant’s Right to Rescind. If 5% or more of the Class Members opt out of the Xxxxxxxxxx, 00 Defendant may, at their election, rescind the Settlement Agreement and all actions taken in furtherance of it 23 will be thereby null and void. Defendant must exercise this right of rescissions, in writing, to Class Counsel 24 within 14 calendar days after the Claims Administrator notifies the Parties of the total number of opt-outs. If 25 Defendant exercise their right to rescind, then Defendant will be responsible for all Claims Administration Costs 26 incurred to the date of rescission.

Defendant’s Right to Rescind. Defendant will have, in its sole discretion, the right to void and withdraw from the Settlement if, at any time prior to Final Approval, 7.5% or more of the Class Members opt out of the Settlement. The Parties agree if Defendant withdraws, the Settlement shall be void ab initio, have no force or effect whatsoever and that neither Party will have any further obligation to perform under this Settlement provided Defendant will remain responsible for paying all administration expense and costs incurred to that point which have been paid or which are obligated to be paid to the Claims Administrator. Defendant must exercise this right of rescission in writing to Class Counsel within fourteen

Defendant’s Right to Rescind. Collective Counsel will recommend and endorse the settlement to Settlement Collective Members. If more than ten percent (10%) of Settlement Collective Members will have their claims dismissed without prejudice, including those who affirmatively request to withdraw, those who do not respond to the Settlement Notice form, and those who cannot be contacted by the Claims Administrator or Collective Counsel, then Defendant may in its sole discretion withdraw from and rescind this Agreement. Settlement Collective Members who previously released claims covered by this Agreement or who obtained a final judicial determination of claims covered by this Agreement will not be counted toward the above percentage rate. Within eighty (80) days of the Claims Administrator issuing notice to all Collective Members, Collective Counsel shall provide Defendant and its Counsel with: (i) notice of all eligible Settlement Collective Members who have returned executed Acknowledgement and Consent forms; and (ii) a declaration identifying Settlement Collective Members who affirmatively requested to withdraw, did not respond to Counsel, or who could not be reached and describing Counsel’s reasonable efforts to contact them, after which Defendant and its Counsel will have five (5) business days to give notice to Collective Counsel of Defendant’s intent to withdraw and rescind.

Defendant’s Right to Rescind. If either (i) 10% or more of the Class Members, or, (ii) a number of Class Members whose Individual Settlement Payments in the aggregate are 15% or more of the Settlement Amount, either opt out of and/or object to the Settlement, Defendant may, at its election, rescind the Settlement and all actions taken in its furtherance of it will be thereby null and void. If Defendant exercise this right of recession, it must do so in writing within 10 days of being notified by the Settlement Administrator of this section of the Agreement having been triggered, that is sent to Class Counsel by email to xxxx@xxxxxxxxxxxxxx.xxx and xxxxxxxx@xxxxxxxxxxxxxx.xxx and overnight mail, addressed to: Xxxxxxx Xxx and Xxxxx Xxxxxxx of Justice Law Corp., 000 X. Xxxx Xxxx Xxx., Xxxxx 000, Xxxxxxxx, XX 00000. If the option to rescind is exercised, then Defendant shall be solely responsible for all Settlement Administration Costs accrued to that point. If such provision is exercised, the Action will return to its pre-settlement litigation posture.