Common use of Effect of a Termination Clause in Contracts

Effect of a Termination. 92. The grounds upon which this Agreement may be terminated are set forth in paragraphs 107 and 108 of this Agreement. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of M & I Bank’s obligations under the Settlement shall cease to be of any force and effect; the amounts in the Settlement Fund shall be returned to M & I Bank in accordance with paragraph 109; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, M & I Bank’s right to pursue its interlocutory appeal of the Order referred to in paragraphs 4 and 5 above, Plaintiffs’ right to seek class certification and M & I Bank’s right to oppose class certification. 93. In the event of a termination as provided in paragraphs 107 and/or 108 the Escrow Agent shall return the Settlement Fund to M & I Bank within seven days of termination, less any money that the Settlement Fund has already paid, or incurred an obligation to pay, in accordance with the terms of this Agreement, for Settlement-related Notice and Administration costs and expenses. 94. This Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of paragraphs 107 and/or 108. 95. In the event the Settlement is terminated in accordance with the provisions of paragraphs 107 and/or 108, any discussions, offers, or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Action or any other action or proceeding for any purpose, without prejudice to Plaintiffs’ right to seek class certification, and M & I Bank’s right to oppose class certification. In such event, all Parties to the Action shall stand in the same position as if this Agreement had not been negotiated, made or filed with the Court.

Effect of a Termination. 9291. The grounds upon which this Agreement may be terminated are set forth in paragraphs 107 89 and 108 of this Agreement90 hereof. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of M & I BankChase’s obligations under the Settlement shall cease to be of any force and effect; the amounts in the Settlement Fund shall be returned to M & I Bank Chase in accordance with paragraph 10992 hereof; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, M & I Bank’s right to pursue its interlocutory appeal of the Order referred to in paragraphs 4 and 5 above, Plaintiffs’ right to seek class certification and M & I BankChase’s right to oppose class certification. 9392. In the event of a termination as provided in paragraphs 107 and/or 108 paragraph 89 and 90 hereof, and after payment of any invoices or other fees or expenses mentioned in this Agreement that have been incurred and are due to be paid from the Escrow Agent Settlement Fund Account, the Settlement Administrator shall return the balance of the Settlement Fund to M & I Bank Chase within seven days of termination, less any money that the Settlement Fund has already paid, or incurred an obligation to pay, in accordance with the terms of this Agreement, for Settlement-related Notice and Administration costs and expenses. 9493. This The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of paragraphs 107 and/or 108paragraph 89 and 90 hereof. 9594. In the event the Settlement is terminated in accordance with the provisions of paragraphs 107 and/or 10889 and 90 hereof, any discussions, offers, or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Action or any other action or proceeding for any purpose, without prejudice to Plaintiffs’ right to seek class certification, and M & I BankChase’s right to oppose class certification. In such event, all Parties to the Action shall stand in the same position as if this Agreement had not been negotiated, made made, or filed with the Court.

Effect of a Termination. 92. The grounds upon which this Agreement may be terminated are set forth in paragraphs 107 and 108 of this Agreement79. In the event of a termination as provided thereinabove, this Agreement shall be considered null and void; all of M & I Bank’s the Parties’ obligations under the Settlement shall cease to be of any force and effect; the amounts amount in the Settlement Fund shall be returned to M & I Bank in accordance with paragraph 109Defendants (except to the extent costs of notice and claims administration have been incurred or expended and taxes have been paid or are due on interest earned); the Releases will be null and void; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, M & I Bank’s right to pursue its interlocutory appeal of the Order referred to in paragraphs 4 and 5 above, Plaintiffs’ right to seek class certification and M & I Bank’s Defendants’ right to oppose class certification, and the Parties will work cooperatively to set a new schedule for the litigation of the Action. 9380. In the event of a termination as provided in paragraphs 107 and/or 108 above, and after payment of any costs of notice and administration that have been incurred and are due to be paid from the Escrow Account, the Escrow Agent shall return the balance of the Settlement Fund to M & I Bank within seven days of terminationDefendants. Defendants shall have no right to seek reimbursement from Plaintiffs, less the Settlement Administrator, the Escrow Agent, or Class Counsel for any money funds properly disbursed from the Escrow Account for any invoices or other fees or expenses pursuant to this Agreement that have been incurred and are due to be paid from the Settlement Fund has already paid, or incurred an obligation to pay, in accordance with the terms of this Agreement, for Settlement-related Notice and Administration costs and expensesEscrow Account. 9481. This The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of paragraphs 107 and/or 108Section XIV. 9582. In the event the Settlement is terminated in accordance with the provisions of paragraphs 107 and/or 108Section XIV, any discussions, offers, or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Action or any other action or proceeding for any purpose, without prejudice to Plaintiffs’ right to seek class certification, certification and M & I Bank’s Defendants’ right to oppose class certification. In such event, all Parties to the Action shall stand in the same position as if this Agreement had not been negotiated, made made, or filed with the Court.

Effect of a Termination. 92. The grounds upon which this Agreement may be terminated are set forth in paragraphs 107 and 108 of this Agreement96. In the event of a termination as provided thereintermination, this Agreement shall be considered null and void; all of M & I Bank’s Plaintiffs’, Class Counsel’s, and Farmers’ obligations under the Settlement shall cease to be of any force and effect; the amounts in the Settlement Fund shall be returned to M & I Bank in accordance with paragraph 109; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-pre- Settlement rights, claims and defenses will be retained and preserved, including, but not limited to, M & I Bank’s right . Any Party may move to pursue its interlocutory appeal reinstate the Department Proceeding. Any and all costs and/or expenses associated with the Notice and administration of the Order referred Settlement prior to in paragraphs 4 and 5 above, Plaintiffs’ right to seek class certification and M & I Bank’s right to oppose class certificationits termination shall be borne by Farmers. 9397. In the event of a termination as provided in paragraphs 107 and/or 108 the Escrow Agent shall return the Settlement Fund to M & I Bank within seven days of termination, less any money that the Settlement Fund has already paid, or incurred an obligation to pay, in accordance with the terms of this Agreement, for Settlement-related Notice and Administration costs and expenses. 94. This The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of paragraphs 107 and/or 108hereof. 9598. In the event the Settlement is terminated in accordance with the provisions of paragraphs 107 and/or 108this Agreement, any discussions, offers, or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Action or any other action or proceeding for any purpose, without prejudice to Plaintiffs’ right to seek class certification, and M & I Bank’s right to oppose class certification. In such event, all Parties to the Action shall stand in the same position as if this Agreement had not been negotiated, made or filed with the Court. 99. In the event the Settlement is terminated in accordance with the provisions of this Agreement, or if the Settlement does not receive Final Approval, or if the Effective Date does not occur, Plaintiffs may seek to re-institute the Department Proceeding. 100. In the event the Settlement does not receive Final Approval, or a Final Approval Order is reversed on appeal, or the Effective Date is not otherwise achieved then this Settlement Agreement shall be of no force or effect, the Parties shall be returned to their status in the litigation as if the Settlement was never executed, and, in such event, the Parties agree that this Settlement Agreement, and any and all negotiations, documents and discussions associated with it, shall be without prejudice to the rights of any party, and shall not be deemed or construed to be an admission or evidence of any violation of any statute, law or regulation or of any liability or wrongdoing by Defendants or of the truth of any of the claims or allegations made by Plaintiffs in the Action. 101. All Parties expressly reserve all of their rights if the Settlement does not become final, including but not limited to Farmers’ right to oppose class certification and Plaintiffs’ right to seek re-institution of the Department Proceeding. 102. If the Settlement does not receive final and non-appealable Court approval, Farmers shall not be obligated to make any payments or provide any other monetary or non-monetary relief to Plaintiffs or the Settlement Class Members, any attorneys’ fees, costs, or expenses to Class Counsel, and/or any Service Awards to Plaintiffs.

Effect of a Termination. 92. The grounds upon which this Agreement may be terminated are set forth in paragraphs 107 and 108 of this Agreement74. In the event of a termination as provided thereinabove, this Agreement shall be considered null and void; all of M & I Bank’s the Parties’ obligations under the Settlement shall cease to be of any force and effect; the amounts amount in the Settlement Fund shall be returned to M & I Bank in accordance with paragraph 109Defendant (except to the extent costs of notice and claims administration have been incurred or expended and taxes have been paid or are due on interest earned); the Releases will be null and void; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-pre- Settlement claims and defenses will be preserved, including, but not limited to, M & I BankPlaintiff’s right to pursue its interlocutory appeal of the Order referred to in paragraphs 4 and 5 above, Plaintiffs’ right to seek class certification and M & I BankDefendant’s right to oppose class certification, and the Parties will work cooperatively to set a new schedule for the litigation of this Action. 9375. In the event of a termination as provided in paragraphs 107 and/or 108 above, and after payment of any costs of notice and administration that have been incurred and are due to be paid from the Escrow Account, the Escrow Agent shall return the balance of the Settlement Fund to M & I Bank within seven days of terminationDefendant. Defendant shall have no right to seek reimbursement from Plaintiff, less the Settlement Administrator, the Escrow Agent, or Class Counsel for any money funds properly disbursed from the Escrow Account for any invoices or other fees (excluding attorneys’ fees) or expenses pursuant to this Agreement that have been incurred and are due to be paid from the Settlement Fund has already paid, or incurred an obligation to pay, in accordance with the terms of this Agreement, for Settlement-related Notice and Administration costs and expensesEscrow Account. 9476. This The Settlement shall become effective on the Effective Final Settlement Date unless earlier terminated in accordance with the provisions of paragraphs 107 and/or 108this Agreement. 9577. In the event the Settlement is terminated in accordance with the provisions of paragraphs 107 and/or 108this Agreement, any discussions, offers, or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Action or any other action or proceeding for any purpose, without prejudice to Plaintiffs’ Plaintiff’s right to seek class certification, certification and M & I BankDefendant’s right to oppose class certification. In such event, all Parties to the Action shall stand in the same position as if this Agreement had not been negotiated, made made, or filed with the Court.