Common use of Effect of a Termination Clause in Contracts

Effect of a Termination. 97. The grounds upon which this Agreement may be terminated are set forth herein above. In the event of a termination, this Agreement shall be considered null and void; all of Plaintiff’s, Class Counsel’s, and Navy Federal’s obligations under the Settlement shall cease to be of any force and effect; any amounts in the Escrow Account shall be returned to Navy Federal; 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 rights, claims, and defenses will be retained and preserved. 98. In the event of termination, Navy Federal shall have no right to seek reimbursement from Plaintiff, Class Counsel, or the Settlement Administrator for Settlement Administration Costs paid by Navy Federal. 99. The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions hereof. 100. Certification of the Settlement Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Settlement Agreement. Thereafter, Plaintiff shall be free to pursue any claims available to her, and Navy Federal shall be free to assert any defenses available to it, including but not limited to, denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses.

Effect of a Termination. 97. The grounds upon which this Agreement may be terminated are set forth herein above82. In the event of a terminationtermination as provided above, this Agreement shall be considered null and void; all of Plaintiff’s, Class Counsel’s, and Navy Federal’s the Parties’ obligations under the Settlement shall cease to be of any force and effecteffect (except to the extent costs of notice and claims administration have been incurred or expended in which case the costs will be borne by NAB); any amounts in the Escrow Account shall Releases will be returned to Navy Federalnull 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 rights, claims, claims and defenses will be retained and preserved. 98. In the event of termination, Navy Federal shall have no including, but not limited to, Plaintiffs’ right to seek reimbursement from Plaintiffclass certification and NAB’s right to oppose class certification, Class Counsel, or and the Settlement Administrator Parties will work cooperatively to set a new schedule for Settlement Administration Costs paid by Navy Federalthe litigation of the Action. 9983. The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions hereofof Section XIV. 84. 100. Certification of In the event the Settlement Class is terminated in accordance with the provisions of Section XIV, any discussions, offers, or negotiations associated with this Settlement, as well as information or data shared solely during settlement negotiations, shall have no bearing in deciding whether the claims asserted not be discoverable or offered into evidence or used in the Action are or were appropriate any other action or proceeding for class treatment in the absence of settlement. If this Agreement terminates or is nullifiedany purpose, the provisional without prejudice to Plaintiffs’ right to seek class certification shall be vacated by its termsand NAB’s right to oppose class certification. In such event, and all Parties to the Action shall revert to stand in the status that existed before execution of this Settlement Agreement. Thereafter, Plaintiff shall be free to pursue any claims available to her, and Navy Federal shall be free to assert any defenses available to it, including but not limited to, denying the suitability of this case for class treatment. Nothing in same position as if this Agreement shall be argued had not been negotiated, made, or deemed to estop any Party from filed with the assertion of such claims and defensesCourt.

Effect of a Termination. 9769. The grounds upon which this Agreement may be terminated are set forth herein abovein paragraph 66 hereof. In the event of a terminationtermination as provided therein, this Agreement shall be considered null and void; all of Plaintiff’s, Class Counsel’s, and Navy FederalBerkshire’s obligations under the Settlement shall cease to be of any force and effect; any amounts in the Escrow Account shall be returned to Navy Federal; 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, claims and defenses will be retained and preserved. 98. In the event of termination, Navy Federal shall have no including, but not limited to, Xxxxxx’x right to seek reimbursement from Plaintiffcertification of a litigation class, Class Counsel, or the Settlement Administrator for Settlement Administration Costs paid by Navy Federaland Berkshire’s rights to oppose certification of a litigation class on any grounds. 9970. The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of paragraph 66 hereof. 71. 100. Certification of Subject to the sole exception set forth in the next paragraph, in the event the Settlement Class is terminated in accordance with the provisions of paragraph 66 hereof, neither the fact of this Settlement, nor any discussions, offers, or negotiations associated with this Settlement, shall have no bearing in deciding whether the claims asserted be discoverable or offered into evidence or used in the Action are or were appropriate any other action or proceeding for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the provisional class certification shall be vacated by its terms, and the Action shall revert to the status that existed before execution of this Settlement Agreement. Thereafter, Plaintiff shall be free to pursue any claims available to her, and Navy Federal shall be free to assert any defenses available to itpurpose, including but not limited toto in connection with any motion for class certification. In such event, denying all Parties to the suitability Action shall stand in the same position as if this Agreement had not been negotiated, made or filed with the Court. 72. Notwithstanding the provisions of the preceding paragraphs, if any distributions from the Settlement Fund have been made to any Settlement Class Members prior to termination of this case for class treatment. Nothing Agreement, nothing in this Agreement shall be argued or deemed to estop any Party prevent Berkshire from the assertion introducing evidence of such claims and defensesdistributions in the Action, or in any other action or proceeding, for any purpose.