Common use of Effect of Non-Approval Clause in Contracts

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. In the event that this Agreement is not approved by the Court in substantially its present form 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 abovereason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members or PlaintiffsMembers, and shall not be used in this Litigation the 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, including Class certification, shall be vacated and Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member; Member and shall not be admissible or offered into evidence in any action or proceeding; , and 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, 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 position as if this Agreement and the Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 Section XV 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 PlaintiffsMembers, and shall not be used in this Litigation 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, including Class certification, shall be vacated and Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Class Member; Member and shall not be admissible or offered into evidence in any action or proceeding; , and 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, 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 position as if this Agreement and Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason reason, including Termination pursuant to paragraph 16.1 Section 13.1 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 PlaintiffsMembers, and shall not be used in this Litigation 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, including Class certification, shall be vacated and 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; Member and shall not be admissible or offered into evidence in any action or proceeding; , and shall not be deemed, asserted 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 position 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 defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 Section 13.1 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 PlaintiffsMembers, and shall not be used in this Litigation 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, including Class certification, shall be vacated and 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; Member and shall not be admissible or offered into evidence in any action or proceeding; , and shall not be deemed, asserted 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 position 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 defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form form, the Court rejects or modifies any of the material terms of this Agreement, 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 abovereason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members or PlaintiffsMembers, and shall not be used in this Litigation the 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, including Class certification, shall be vacated and Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member; Member and shall not be admissible or offered into evidence in any action or proceeding; , and 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, 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 position as if this Agreement and the Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason reason, including Termination pursuant to paragraph 16.1 Section 11.1 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 PlaintiffsMembers, and shall not be used in this Litigation the ECL Class Actions 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 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; Member and shall not be admissible or offered into evidence in any action or proceeding; , and shall not be deemed, asserted 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 position 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 defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 Section XV above, the terms and provisions of this Agreement shall will have no further force and effect with respect to the Parties or the Class Members or PlaintiffsMembers, and shall will not be used in this Litigation the Gateway Actions 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 Agreement will be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall will be without prejudice to any Party or Class Member; shall Member and will not be admissible or offered into evidence in any action or proceeding; shall , and will 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, matter or proposition of law; , and shall will not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall will stand in the same positions position as if this Agreement and Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 Section 15.1 above, the terms and provisions of this Agreement shall will have no further force and effect with respect to the Parties or the Class Members or PlaintiffsMembers, and shall will not be used in this Litigation the Astral Energy Actions 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 Agreement will be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall will be without prejudice to any Party or Class Member; shall Member and will not be admissible or offered into evidence in any action or proceeding; shall , and will 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, matter or proposition of law; , and shall will not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall will stand in the same positions position as if this Agreement and Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 Section XV above, the terms and provisions of this Agreement shall will have no further force and effect with respect to the Parties or the Class Members or PlaintiffsMembers, and shall will not be used in this Litigation the Xxxxxxx 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, including Class certification, shall be vacated and shall Agreement will be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall will be without prejudice to any Party or Class Member; shall Member and will not be admissible or offered into evidence in any action or proceeding; shall , and will 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, matter or proposition of law; , and shall will not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall will stand in the same positions position as if this Agreement and Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 abovereason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members or PlaintiffsMembers, and shall not be used in this Litigation 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, including Class certification, shall be vacated and Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member; Member and shall not be admissible or offered into evidence in any action or proceeding; , and 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, 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 position as if this Agreement and Settlement had not been negotiated, made, made or submitted to the Court and any related orders had not been entered, preserving all of their respective claims and defensesCourt.

Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form 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 17.1 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 PlaintiffsMembers, and shall not be used in this Litigation 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, including Class certification, shall be vacated and 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; Member and shall not be admissible or offered into evidence in any action or proceeding; , and shall not be deemed, asserted 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 position 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 defensesCourt.