Lawsuit Status if Settlement Agreement Not Approved Sample Clauses

Lawsuit Status if Settlement Agreement Not Approved. This Settlement Agreement is being entered into for settlement purposes only. If the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications to the Settlement Agreement or the Final Order and Judgment, or if the Effective Date does not occur for any reason, then this Settlement Agreement will be deemed null and void ab initio absent a contrary agreement of the parties. In that event (a) the Preliminary Approval Order and/or Final Order and Judgment and all of its or their provisions will be vacated by its or their own terms; (b) the Action will revert to the status that existed before the Settlement Agreement’s 1 execution date, including the need to reset a new trial date; (c) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement discussions, negotiations or documentation will have any effect or be admissible into evidence for any purpose in the Action or any other proceeding; and (d) Metagenics shall have no obligation to make any payments under the Settlement Agreement, except that any fees or costs owed to the Settlement Administrator associated with providing notice of or administering this Agreement shall be split evenly by Plaintiff and Metagenics.
Sample 1
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Lawsuit Status if Settlement Agreement Not Approved. This Settlement Agreement is being entered into for settlement purposes only. If the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties, or if the Court does not approve the Settlement Agreement or enter the Final Order and Judgment, or if the Effective Date does not occur for any reason, then this Settlement Agreement will be deemed null and void ab initio. In that event (i) the Preliminary Approval Order and/or Final Order and Judgment and all of its or their provisions will be vacated by its or their own terms; (ii) the Action will revert to the status that existed before the Settlement Agreement’s execution date, including the need to reset a new trial date; (iii) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement discussions, negotiations, or documentation will have any effect or be admissible into evidence for any purpose in the Action or any other proceeding; and (iv) Apple shall have no obligation to make any payments under the Settlement Agreement, except that the Parties shall each be responsible for the costs of, and any payments due to, the Settlement Administrator for services performed up to that time.
Sample 1

Related to Lawsuit Status if Settlement Agreement Not Approved

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • Authority to Enter Into Settlement Agreement 5.1 CAG represents that its signatory to this Settlement Agreement has full authority to enter into and legally bind CAG to this Settlement Agreement.

  • 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:

  • NON-ACCEPTANCE OF SETTLEMENT AGREEMENT 33. If, for any reason whatsoever, this Settlement Agreement is not accepted by the Hearing Panel or an Order in the form attached as Schedule “A” is not made by the Hearing Panel, each of Staff and the Respondent will be entitled to any available proceedings, remedies and challenges, including proceeding to a disciplinary hearing pursuant to sections 20 and 24 of By- law No. 1, unaffected by this Settlement Agreement or the settlement negotiations.

  • Sale of Note; Change of Loan Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.

  • NEGOTIATION OF A SUBSEQUENT AGREEMENT The parties agree to commence negotiations for a new collective agreement to succeed this Agreement at least 3 months before the nominal expiry date. The parties intend to conclude these negotiations prior to the nominal expiry date. These negotiations shall be conducted on a collective basis between the parties with the negotiated outcome being subject to approval of a vote of the employees collectively.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

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