Common use of Effect if Settlement Not Approved or Agreement is Terminated Clause in Contracts

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs), then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, the Second Amended Complaint for Settlement shall be deemed automatically withdrawn, and the parties will be restored to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlines. The Parties agree that all drafts, discussions, negotiations, documentation, or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoever.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlementSettlement. In the event that Preliminary preliminary or Final Approval final approval of this settlement Settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does do not occur for any reason, or if the Final Approval Order is reversed on appeal (other than a reduction of any Fee Award awarded appeal, or the Agreement is terminated pursuant to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)Section 13.1, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement Settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, proceeding (unless Class Counsel and Defendants mutually agree in writing to proceed with this Agreement); the Second Amended Complaint for Settlement petition shall be deemed automatically withdrawn, ; and the parties will be restored to their respective places in Action shall continue as if the Action as of the Court’s March 2, 2023 order staying the case deadlinesSettlement had not occurred. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence Even in the Action or any other proceeding for any purpose whatsoeverevent of termination of the Agreement, Defendants shall bear all costs and expenses as set forth in Section VIII of this Agreement, and all costs and expenses incurred prior to the termination date by the Settlement Administrator in administering claims, as provided in Section IV of this Agreement.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was is entered into only for purposes of settlement. In the event that Preliminary Approval or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.4, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the PartiesPlaintiffs and all Defendants’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, ; the Second Amended Complaint for Litigation may continue as if the Settlement shall be deemed automatically withdrawn, had not occurred; and the parties will be restored Plaintiffs and all Defendants returned to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlinespre-Settlement litigation posture. The Signing Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Signing Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person person other than the Signing Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used Litigation except as evidence required in presenting approval of the Action or any other proceeding for any purpose whatsoeverSettlement to the Court.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionIncluded Actions, or in any other proceeding; and the Included Actions shall continue as if the settlement had not occurred. Alternatively, in the event that the Court DocuSign Envelope ID: CFD028DA-59A5-4322-8D0C-D7F0ADFA432A declines to enter the Preliminary Approval order or to grant Final Approval (or enters any order that increases the cost or burden of the settlement to P&G beyond what is set forth in this Agreement), the Second Amended Complaint for Settlement Parties may, but are not required to, modify this Agreement. Such a modification shall be deemed automatically withdrawn, binding only if it is in writing and the parties will be restored to their respective places in the Action as of the Courtexecuted by Plaintiffs’ Counsel and P&G’s March 2, 2023 order staying the case deadlinesCounsel. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoeverIncluded Actions.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was is entered into only for purposes of settlement. In the event that Preliminary Approval or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 9.4, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, ; the Second Amended Complaint for Litigation may continue as if the Settlement had not occurred; and any orders conditionally certifying or approving certification of the Settlement Class shall be deemed automatically withdrawnvacated, and the parties will be restored Parties returned to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlinespre-Settlement litigation posture. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoeverLitigation.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.13, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, ; the Second Amended Complaint for Litigation may continue as if the settlement had not occurred; and any order conditionally certifying or approving certification of the Settlement Class shall be deemed automatically withdrawn, vacated; the Parties in the Xxxxxxxx Action and the parties Eyzaguirre Action may refile their lawsuits; and the Parties will be restored returned to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlinespre-Settlement litigation posture. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, including the term sheet, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the ActionLitigation. In additionsuch event, any objections or interventions may the Claim Administrator shall return to Defendant such portion of the amounts deposited pursuant to Section 4.2 that are not be used as evidence in the Action or any other proceeding required to pay for any purpose whatsoevernotice and administration then- completed, plus accrued interest.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including without limitation termination of this Agreement by Defendant pursuant to Section 5.4, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, ; the Second Amended Complaint for Settlement Litigation may continue as if the settlement had not occurred; and any order conditionally certifying or approving certification of a settlement class shall be deemed automatically withdrawn, and the parties will be restored to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlinesvacated. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoeverLitigation.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded appeal, or the Agreement is terminated pursuant to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)Section 9.5, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, proceeding (unless Plaintiff’s Counsel and Defendant mutually agree in writing to proceed with this Agreement); the Second Amended Complaint for Settlement shall be deemed automatically withdrawn, ; and the parties will be restored to their respective places Litigation shall continue as if the settlement had not occurred, except as set forth in the Action as Sections 7.7 and 7.14 of the Court’s March 2, 2023 order staying the case deadlinesthis Agreement. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the ActionLitigation. In addition, any objections or interventions may not be used as evidence Even in the Action or any other proceeding for any purpose whatsoeverevent of termination of the Agreement, Defendant shall bear all costs and expenses as set forth in Section 5.7 of this Agreement, and all costs and expenses incurred prior to the Termination Date by the Claim Administrator as provided in Section 4.12 of this Agreement.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was is being entered into only for purposes of settlementsettlement only. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including, without limitation, termination of this Agreement pursuant to Paragraphs 7.6 or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)7.7, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceedingproceeding (with the exception that the deposition of EarthLink taken on January 14, the Second Amended Complaint for Settlement 2010, pursuant to O.C.G.A. § 9- 11-30(b)(6) shall be deemed automatically withdrawn, and the parties will be restored considered to their respective places in the Action have been taken as part of the Court’s March 2, 2023 Litigation and shall have full effect therein); the Litigation may continue as if the settlement had not occurred; and any order staying the case deadlinesconditionally certifying or approving a settlement shall be vacated. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, Agreement and the Parties’ settlement discussions, discussions shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person person other than the Parties’ counselcounsel and the Parties, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoeverLitigation.

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.8, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs)appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the ActionLitigation, or in any other proceeding, ; the Second Amended Complaint for Litigation may continue as if the settlement had not occurred; and any orders granting leave to file the second amended complaint and conditionally certifying or approving certification of the Settlement Class shall be deemed automatically withdrawnvacated, and the parties will second amended complaint shall be restored to their respective places in stricken from the Action as of the Court’s March 2, 2023 order staying the case deadlinesCourt file. The Parties agree that all drafts, discussions, negotiations, documentation, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person person other than the Parties’ counsel, and only for purposes of the ActionLitigation. In additionsuch event, any objections or interventions may the Claim Administrator shall return to Defendant such portion of the amounts deposited pursuant to Section 3.2 that are not be used as evidence in the Action or any other proceeding required to pay for any purpose whatsoevernotice and administration then-completed, plus accrued interest.