Common use of Failure to Take Effect Clause in Contracts

Failure to Take Effect. (a) If this Agreement is rescinded, disapproved, otherwise fails to take effect, or if final judgment has been entered in the Action against All Defendants (collectively “Final Termination”), unless otherwise agreed by HIAMS, within sixty (60) days after Final Termination, Direct Purchaser Plaintiff must destroy all Cooperation Materials related to the Released Part received from HIAMS including all copies, abstracts, compilations, summaries or any other form that reproduces or captures any of the Cooperation Materials related to the Released Part. Direct Purchaser Plaintiff must submit a written certification to HIAMS by the sixty (60) day deadline that affirms that Direct Purchaser Plaintiff has not retained any copies, abstracts, compilations, summaries or other form that reproduces or captures any of the Cooperation Materials related to the Released Part. (b) In the event that this Agreement fails to receive Final Court Approval by the Court as contemplated in Paragraphs 23-28 of the Collective Settlement Agreements, including final approval of the Settlement Class as defined in Paragraph 17 of the Collective Settlement Agreements, or in the event that it is terminated by either party under any provision herein, the parties agree that Direct Purchaser Plaintiff shall not be permitted to use or introduce into evidence against HIAMS and other Releasees, at any hearing or trial, or in support of any motion, opposition or other pleading in this Action or in any other federal or state or foreign action alleging a violation of any law relating to the subject matter of this Action, any