MODIFICATION OR TERMINATION OF THIS AGREEMENT. After the first Change of Control Date, this Agreement may only be modified or terminated by a writing signed by both you and us. Before the first Change of Control Date, we may unilaterally modify or terminate this Agreement, but such unilateral modification or termination will not be effective until the second anniversary of the date on which we first give you express written notice of the unilateral modification or termination (the “Modification Effective Date”); provided, however, that the unilateral modification or termination shall never become effective if (1) a Change of Control Date occurs before the Modification Effective Date and (2) your employment is terminated during the Protected Period in respect of such Change of Control Date. Nothing in this section 15 shall in any way eliminate, diminish or restrict the effect of section 12. This Agreement shall continue in full force and effect until it is terminated in accordance with the terms of this Agreement.
MODIFICATION OR TERMINATION OF THIS AGREEMENT. A. The terms and provisions of this Agreement may be amended, modified, or expanded by written agreement of the Parties and approval of the Court; provided, however, that after entry of the Final Judgment and Final Order, the Parties may by written agreement effect such amendments, modifications, or expansions of this Agreement and its implementing documents (including all exhibits hereto) without further notice to the Class or approval by the Court if such changes are consistent with the Court’s Final Judgment and Final Order and do not limit the rights of Class Members under this Agreement.
B. This Agreement shall terminate at the discretion of either Sony or the Named Plaintiffs, through Plaintiffs’ Class Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the Settlement that the terminating party in its (or their) sole judgment and discretion reasonably determine(s) is material, including, without limitation, the terms of relief, the findings, or conclusions of the Court, the provisions relating to notice, the definition of the Class, and/or the terms of the Release; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Order and Judgment, or any of the Court’s findings of fact or conclusions of law, that the terminating party in its (or their) sole judgment and discretion reasonably determine(s) is material. The terminating party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section X, by a signed writing served on the other Parties no later than 20 days after receiving notice of the event prompting the termination. The Parties will be returned to their positions status quo ante.
C. Sony shall have the right, but not the obligation, to terminate this Agreement if the total number of timely and valid requests for exclusion exceed 1.5% of the putative class members.
D. If an option to withdraw from and terminate this Agreement arises under Section X(B) above, neither Sony nor Named Plaintiffs are required for any reason or under any circumstance to exercise that option and any exercise of that option shall be in good faith.
E. If, but only if, this Agreement is terminated pursuant to Section X(B), above, then:
1. This Agreement shall be null and void and shall have no force or effect, and no Party to this Agreement shall be bound by any of its terms,...
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance of this Agreement is expressly contingent upon entry of the Final Order and Judgment. If the Court substantially denies the relief requested in the motion for Final Approval or does not issue the Final Order and Judgment materially in the same form as set forth in Exhibit 2 of this Agreement following conclusion of the Final Approval Hearing, the Agreement will be terminated, having no force or effect whatsoever, and shall be null and void and will not be admissible as evidence for any purpose in any pending or future litigation in any jurisdiction.
14.2 In the event that the number of persons who timely and validly request exclusion from the Settlement in accordance with Section 8 herein (“Opt-Outs”) exceeds fifteen thousand (15,000), then Defendant may elect to terminate this Agreement on the ground that exclusion at that level threatens to frustrate the essential purpose of this Agreement. Defendant may exercise its right to terminate this Agreement under this subsection by providing written notification to Class Counsel of its election no later than five (5) Business Days after the Settlement Administrator has delivered to the Parties a written list of all persons who have opted out of the Settlement in accordance with Section 8.7 above. Neither Defendant, all of the Released Parties, nor anyone acting on their behalf, shall, either directly or indirectly, solicit, request, encourage, or induce any Settlement Class Member to request exclusion from or opt out of the Settlement Agreement.
14.3 The terms and provisions of this Agreement may be amended, modified, or expanded by written agreement of the Parties and approval of the Court; provided, however, that, after entry of the Final Order and Judgment, the Parties may, by written agreement, effect such amendments, modifications, or expansions of this Agreement and its implementing documents (including all exhibits hereto) without further notice to the Settlement Class or approval by the Court if such changes are consistent with the Court’s Final Order and Judgment and do not materially alter, reduce, or limit the rights of Settlement Class Members under this Agreement. FILED DATE: 4/14/2022 8:11 PM 2019CH00990
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 164. The terms and provisions of this Agreement may be amended, modified, or expanded by written agreement of the Parties and, if necessary, approval of (i) the MDL Court and
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 11.1 The terms and provisions of this Agreement may be amended, modified, or expanded by written agreement of the Parties and approval of the Court; provided, however, that after entry of the Final Order and Final Judgment, the Parties may by written agreement effect such amendments, modifications, or expansions of this Agreement and its implementing documents (including all exhibits hereto) without further notice to the Class or approval by the Court if such changes are consistent with the Court’s Final Order and Final Judgment and do not limit the rights of Class Members under this Agreement.
MODIFICATION OR TERMINATION OF THIS AGREEMENT. A. The terms and provisions of this Regulatory Settlement Agreement may be amended, modified or expanded by agreement of the Department and the Company.
B. The Company, in consultation with the Department and Lead Counsel and without approval of the Court, may implement the terms of this Regulatory Settlement Agreement after entry of the Final Judgment and Order Approving Settlement but before the Final Settlement Date, in which case all provisions in this Regulatory Settlement Agreement that specify actions to be taken on or after the Final Settlement Date shall, to the extent necessary, be deemed to provide that those actions shall be taken on or after the date on which the Company elects to implement the Regulatory Settlement Agreement.
C. This Regulatory Settlement Agreement will terminate at the sole option and discretion of the Department or the Company if (i) the Court, or any appellate court(s), rejects, modifies or denies approval of any portion of the Settlement Agreement in the Action or the proposed settlement that the terminating Party in its (or their) sole judgment and discretion reasonably determine(s) is material, including, without limitation, the terms of relief, the findings of the Court, the provisions relating to notice, the definition of the Class and/or the terms of the Release set forth in the Settlement Agreement, or (ii) the Court, or any appellate court(s), does not enter or completely affirm, or alters or expands, any portion of the Final Judgment or Order Approving Settlement, or any of the Court’s findings of fact or conclusions of law as proposed by the Company’s Counsel and Lead Counsel, that the terminating Party in its (or their) sole judgment and discretion believe(s) is material. The terminating Party must exercise the option to withdraw from and terminate this Regulatory Settlement Agreement, as provided in this Section no later than 20 days after receiving notice of the event prompting the termination.
1. The Company may unilaterally withdraw from and terminate this Regulatory Settlement Agreement if the Company properly withdraws from and terminates the Settlement Agreement.
D. If an option to withdraw from and terminate this Regulatory Settlement Agreement arises under Section XVIII.C, (i) neither the Department nor the Company will be required for any reason or under any circumstance to exercise that option, and (ii) any exercise of that option shall be made in good faith.
E. If this Regulatory Settlement Agreement...
MODIFICATION OR TERMINATION OF THIS AGREEMENT. A. Within fifteen (15) days after the occurrence of any of the following events and upon written notice to counsel for all Parties, a Party shall have the right to withdraw from the Settlement and terminate this Agreement:
1. If the Court fails to approve the Agreement as written or if on appeal the Court’s approval is reversed or modified;
2. If the Court materially alters any of the terms of the Agreement, except that a reduction in an award of Attorneys’ Fees and Expenses or Plaintiffs’ Service Awards shall not be deemed to be a material alteration; or
3. If the Preliminary Approval Order or the Final Order and Judgment is not entered by the Court or is reversed or modified on appeal, or otherwise fails for any reason. In the event of a withdrawal pursuant to this Paragraph, any certification of a Class for purposes of settlement will be vacated, without prejudice to any Party’s position on the issue of class certification and the amenability of the claims asserted in the Litigation to class treatment, and the Parties shall be restored to their litigation position existing immediately before the execution of this Agreement.
B. If members of the Class properly and timely submit requests for exclusion from the Class as set forth in Section VI, thereby becoming Opt-Outs, and are in a number more than the confidential number submitted to the Court by the Parties under seal at the time of filing the
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 13.1. The terms and provisions of this Agreement may be amended, modified, or expanded by written agreement of all the Parties and approval of the Court; provided, however, that after entry of the Final Approval Order, the Parties may by written agreement effect such amendments, modifications, or expansions of this Agreement and its implementing documents (including exhibits hereto) without further notice to the Settlement Class or approval by the Court if such changes are: (1) for the purposes of addressing typographical or formatting issues in any proposed or approved notice; or (2) are consistent with the Court’s Final Approval Order and are for the purposes of benefiting Settlement Class Members.
13.2. This Agreement shall terminate at the discretion of any of the Defendants or Plaintiffs, if: (a) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of the proposed Settlement that the terminating Party in its (or their) judgment reasonably determine(s) is material, including, without limitation, the terms of relief, the findings, or conclusions of the Court, the provisions relating to the Notice Plan, the definition of the Settlement Class, and/or the terms of the releases; (b) if the Class Members that timely and validly submit requests for exclusion from the Settlement Class as defined in Paragraph 2.60, thereby opting out of the Settlement, exceed 3% of the total number of Class Members; or (c) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval Order, that the terminating Party in its (or their) judgment reasonably determine(s) is material. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section, by a signed writing served on the other Parties no later than thirty (30) calendar days after receiving notice of the event prompting the termination. For purposes of this Paragraph, opt-outs shall not include (i) individuals who are specifically excluded from the Settlement Class under Paragraph 2.31 of the Settlement Agreement; or (ii) opt-outs who elect to timely withdraw their request for exclusion. In the event of a dispute with respect to the effectiveness of any Party’s exercise of the option to terminate this Agreement, the Settlement Administrator shall not disburse any funds from the Settlement Fund until such time as the dispute is resolved by written agree...
MODIFICATION OR TERMINATION OF THIS AGREEMENT. The terms of this agreement may be modified by CET and the EPA Debarring Official at any time in accordance with information developed during the Government's investigation and/or audits. If at any time, CET desires to conclude the administrative suspension/debarment matters as part of a comprehensive settlement, CET may apply to the Debarring Official for termination, modification or other adjustment of this agreement as a final settlement in accordance with a comprehensive resolution under 40 CFR Section 32.315.
MODIFICATION OR TERMINATION OF THIS AGREEMENT. (a) This is the sole agreement between SpacetoCo and You as User, Guest or Host, and may not be modified, amended or superseded except by SpacetoCo in the manner described in the Agreement.
(b) You may terminate Your participation in SpacetoCo at any time by contacting SpacetoCo at xxxx@xxxxxxxxx.xxx.
(c) If You cancel Your participation as a Host, or Your participation is terminated as set forth in clause 20(e) below:
(i) all confirmed bookings for Your Spaces will be immediately cancelled and the affected Guest will be notified;
(ii) all Guests will receive a full refund of any charges paid (including the Guest Charge); and
(iii) we will retain any Host Fees paid by You to Us.
(d) If You cancel Your participation as a Guest, or Your participation is terminated as set forth in clause 20(e) below:
(i) all confirmed bookings you have made for Spaces will be immediately cancelled;
(ii) You acknowledge and agree that You will not be entitled to any compensation whatsoever with regards to lost bookings as a result of cancelling Your participation as a Guest, and that the Host will be entitled to retain any amounts paid to the Host in respect of a Space You have Hired; and
(iii) We will retain any Guest Charges paid by You to Us.
(e) In addition to the rights set out in this Agreement, SpacetoCo may immediately, and without notice to you, terminate this Agreement and Your participation in SpacetoCo, or delete a particular Listing, if:
(i) You have breached, or SpacetoCo r e a s o n a b l y b e l i e v e s Yo u h a v e breached, this Agreement or any applicable SpacetoCo policies enforced from time to time and you do not rectify such breach within 7 days’ written notice from SpacetoCo to do so (or otherwise where such breach is not capable of being rectified);
(ii) You have provided, or We reasonably believe You have provided, fraudulent, inaccurate or incomplete information in Your registration or Listing or related communication between You and SpacetoCo or any other User;
(iii) You have violated, or SpacetoCo reasonably believes You have violated, any applicable laws, regulations or agreements in connection with Your use of the Platform; or
(iv) SpacetoCo in its reasonable discretion believes that such termination is required to be taken immediately in order to ensure its Users are protected.
(f) In addition to the termination rights set forth above, SpacetoCo may in its sole discretion terminate the participation of any User without cause by providing 30 day...
