Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form or the Settlement does not become final for any reason including Termination pursuant to paragraph 16.1 above, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Class Members or Plaintiffs, and shall not be used in this Litigation or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement, including Class certification, shall be vacated and shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this Agreement shall be without prejudice to any Party or Class Member; shall not be admissible or offered into evidence in any action or proceeding; shall not be deemed, asserted or construed to be an admission or confession by any Party or any other Person or entity of any fact, matter, or proposition of law; and shall not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall stand in the same positions as if this Agreement and Settlement had not been negotiated, made, or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defenses.
Effect of Non-Approval. If the AJ does not approve the Settlement, the Settlement Agreement is null and void, though the Parties shall work in good faith to reach a revised Settlement Agreement to submit to the AJ. Nothing in this Settlement Agreement shall be construed as an admission or determination in this case, and nothing in the Settlement Agreement may be offered into evidence in any subsequent proceeding. The Parties reserve their rights to prosecute, defend, and appeal this case, and the Parties shall bear their own costs incurred as a result of the Settlement Agreement.
Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason including Termination pursuant to Paragraph 16.1 above, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Class Members, and shall not be used in this Action or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this Agreement shall be without prejudice to any Party or Class Member; shall not be admissible or offered into evidence in any action or proceeding; shall not be deemed, asserted or construed to be an admission or confession by any Party or any other Person or entity of any fact, matter, or proposition of law; and shall not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall stand in the same positions as if this Agreement and Settlement had not been negotiated, made, or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defenses.
Effect of Non-Approval. In the event that the Brazilian antitrust authorities refuse to accept the transaction as contemplated hereunder or impose restrictions on the transaction that are unacceptable to one or more of the Parties hereunder, the Parties shall in good faith seek to modify their mutual contractual arrangements to the extent reasonably necessary to satisfy the requirements of the Brazilian antitrust authorities.
Effect of Non-Approval. In the event that this Agreement is not approved by the Court for any reason in the form submitted by the Parties, the Parties will attempt in good faith to address any concerns raised by the Court and resubmit a revised settlement agreement if possible. If the Parties cannot agree on a revised settlement agreement or if the Court denies the approval of a renegotiated settlement agreement, this Agreement or the re-negotiated agreement shall be terminated as of the date the Court’s order denying approval of the Agreement or renegotiated agreement was entered. In such event, the Parties shall immediately file a joint stipulation for dismissal of the Litigation without prejudice. Upon termination of this Agreement or any renegotiated agreement: (A) This Agreement and, if applicable, the renegotiated agreement shall have no force or effect and no Party shall be bound by any of its terms; (B) the Parties’ agreement or stipulation that the Potential Opt-In Plaintiffs are similarly situated to the Named Plaintiff under 29 U.S.C. Section 216(b) and any other law and the releases given shall be null and void; (C) nothing in this Agreement shall be used or construed by or against any party as a determination, admission, or concession of any issue of law or fact in the Litigation or any other litigation; (D) the Parties do not waive, and instead expressly reserve, their respective rights with respect to the prosecution and defense of the Litigation and any other litigation; and (E) the Named Plaintiff’s EXHIBIT A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA XXXXXXXXX XXXXXXXX, individually and on behalf all others similarly situated, Plaintiffs, Case No.:
Effect of Non-Approval. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order, in substantially the same form as the proposed Final Approval Order attached as Exhibit D, that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of the Agreement, enters final judgment dismissing with prejudice the Plaintiff’s and Settlement Class Members’ claims, dismisses with prejudice the Non-Settling Defendants’ crossclaims against the Settling Defendants, preserves the Remaining Claims against the Non-Settling Defendants, and provides all other relief specified herein, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder. If the Court does not enter the Final Approval Order in substantially the same form as the proposed Final Approval Order attached as Exhibit D, the Settling Defendants shall have no obligation under this Agreement and the Parties will return to the status quo ante.
Effect of Non-Approval. In the event this Agreement is not approved by the Court on substantially the same terms as it was submitted for approval, or if an appellate court reverses and/or modifies the Approval Order, then the Parties shall first endeavor to resolve the matter jointly and in good faith, including jointly or individually seeking reconsideration of the Court’s ruling if necessary or potentially involving a mutually agreed mediator. If such efforts to do not result in a new agreement between the Parties, then the Parties will resume litigation of the Action as of the date of this Agreement with all rights and defenses intact as if no agreement had occurred, including, but not limited to, revocation of the certification of the Settlement Class.
Effect of Non-Approval. If the AJ does not approve the Settlement, the Settlement Agreement is null and void, though the Parties shall work in good faith to reach a revised Settlement Agreement to submit to the AJ. Nothing in this Settlement 1 At the date of objections, the case name was Xxxx x. Xxxxxxx. By Order of the EEOC, on May 15, 2024, the case name was changed to Xxxxxxxxx x. Xxxxxxx. Accordingly, the Parties agree that Xxxx x. Xxxxxxx and Xxxxxxxxx x. Xxxxxxx are the same administrative matter, and all references to Xxxx x. Xxxxxxx and Xxxxxxxxx x. Xxxxxxx in this Settlement Agreement and the attached Exhibits refer to the same administrative matter. Agreement shall be construed as an admission or determination in this case, and nothing in the Settlement Agreement may be offered into evidence in any subsequent proceeding. The Parties reserve their rights to prosecute, defend, and appeal this case, and the Parties shall bear their own costs incurred as a result of the Settlement Agreement.
Effect of Non-Approval. If the Commission does not accept and approve this Stipulation in its entirety or imposes any additional conditions or requirements upon the signatory Parties, then: (a) any Party may elect, in writing docketed in this proceeding, within ten (10) days of such Commission Order, that this Stipulation shall be void and withdrawn by the Parties hereto from further consideration by the Commission and neither Party shall be bound by any of the provisions herein; and (b) each Party shall have the right, within twenty (20) days of the Commission’s Order, to file a petition for rehearing, including a notice of termination of and withdrawal from the Stipulation; and, (c) in the event of such termination and withdrawal of the Stipulation, neither the terms of this Stipulation nor any matters raised during the settlement negotiations shall be binding on any of the signatory Parties to this Stipulation or be construed against any of the signatory Parties. Should the Stipulation be voided or vacated for any reason after the Commission has approved the Stipulation and thereafter any implementation of the terms of the Stipulation has been made, then the Parties shall be returned to the status quo existing at the time immediately prior to the execution of this Stipulation.
Effect of Non-Approval. Notwithstanding any other terms of this Settlement Agreement, the Settling Defendants may, in their sole and unfettered discretion, elect to terminate this Settlement Agreement in accordance with section 15 if either the British Columbia Court or the Quebec Court fails to approve this Settlement Agreement or any part thereof.
