If Settlement Agreement is Terminated Sample Clauses

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved by the Courts, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize the BC or Quebec Actions as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued BC or Quebec order certifying or authorizing the applicable Proceeding as a class proceeding on the basis of the Settlement Agreement, or approving this Settlement Agreement, set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise;

If Settlement Agreement is Terminated. If this Settlement Agreement is not approved by the Ontario Court, is terminated in accordance with its terms, or otherwise fails to take effect for any reason:

If Settlement Agreement is Terminated. If this Settlement Agreement is not approved by the Québec Court, is terminated in accordance with its terms, or otherwise fails to take effect for any reason: (1) Any order approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (2) All negotiations, statements, and proceedings relating to the settlement and the Settlement Agreement shall be deemed to be without prejudice to the rights of the Parties, and the Parties shall be deemed to be restored to their respective positions existing immediately before it was executed; and (3) All funds in the Account (including accrued interest) shall be returned to Defendants’ Counsel within 10 days after the date of termination and no further deposits shall be made into the Account.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) any prior certification or authorization of a Main Proceeding as a class proceeding, including the definitions of the Settlement Class and the Common Issue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Canadian Proceedings or any other litigation; and (b) the Parties shall negotiate in good faith to determine a new timetable, if the Canadian Proceedings are to continue against any Releasees.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize the Ontario or Quebec Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement set aside and declared null and void and of no force or effect, and any Person shall be estopped from asserting otherwise; and (c) any prior certification or authorization of the Ontario or Quebec Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation. (2) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon, less taxes paid on interest, less any costs actually incurred or payable with respect to the notices required by section 9.1, and less any costs of translation required by section 12.11 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect for any reason, any order approving any aspect of this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise. (2) If this Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect for any reason, Class Counsel shall transfer the Settlement Fund, plus interest accrued, to counsel for the RWB, in trust. Following this, counsel for the RWB will promptly return the amount of CAD $10,000 in respect to the crossclaim to counsel for Xx. Xxxx, in trust. (3) If this Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect for any reason, all negotiations, statements and proceedings relating to the settlement and the Settlement Agreement shall be deemed to be without prejudice to the rights of the Parties, and the Parties shall be deemed to be restored to their respective positions existing immediately before the Settlement Agreement was executed. (4) The Parties expressly reserve all of their respective rights if the Court does not approve this Settlement Agreement.

If Settlement Agreement is Terminated. If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason it shall be null and void, have no further force and effect, shall not be binding, and shall not be used as evidence or otherwise in litigation, and: (a) no motion to certify or authorize any of the Canadian Proceedings as a class proceeding on the basis of this Settlement Agreement or to approve this Settlement Agreement or the Distribution Protocol, which has not been decided, shall proceed; (b) any order certifying or authorizing any of the Canadian Proceedings as a class proceeding on the basis of this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and the Parties shall be estopped from asserting otherwise; and (c) the Parties shall negotiate in good faith to determine a new timetable, if the Canadian Proceedings are to continue against any Releasees.

If Settlement Agreement is Terminated. If this Settlement Agreement is terminated, any order made by the Court pursuant to this Settlement Agreement shall be set aside or vacated on the consent of the Parties, except for the First Order, if it has been issued and the Notice of Hearing has already been published. For greater certainty, on termination any order certifying this proceeding as a class proceeding shall be set aside and declared null and void and of no force or effect, and the Parties shall be estopped from asserting otherwise. Notwithstanding any other provision of this Settlement Agreement, the releases provided in favour of the CBC shall survive the termination of this Settlement Agreement, provided that CBC has complied with any court order to provide the Records for the purposes of the Independent Review Protocol.