Effect of Opt Outs by Class Members. The settlement is subject to Target’s right to terminate the Settlement, or to proceed with the Settlement based upon an adjustment to the Settlement Fund, if Class Members that issued more than 525,000 Eligible Accounts submit valid requests to opt out.
Effect of Opt Outs by Class Members. It is estimated that there are 565,600 Class Members. If Five Percent (5%) or more of the members of the Plaintiff Class, or 28,280 Class Members, whichever is fewer, opt out of the Plaintiff Class, then the Bank shall have the option to rescind this Agreement, in which case all of the Bank’s obligations under this Agreement shall cease to be of any force and effect, and this Agreement shall be rescinded, canceled, and annulled. If the Bank exercises this option, the parties shall return to their respective positions in the Litigation as if the Parties had not entered into this Agreement. In addition, in such event, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.
