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
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance A. Within fifteen (15) days after the occurrence of this Agreement is expressly contingent upon entry any of the Final Order following events and Judgmentupon written notice to counsel for all Parties, the Parties shall have the right to withdraw from the Settlement and terminate this Agreement:
1. If the Court substantially denies fails to approve the relief requested 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 motion for Final Preliminary Approval Order or does not issue the Final Order and Judgment materially 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 same form Action to class treatment, and the Plaintiffs and iFIT shall be restored to their litigation position existing immediately before the execution of this Agreement.
B. If Class Members properly and timely submit requests for exclusion from the Class as set forth in Exhibit 2 Section VI of this Agreement following conclusion of the Final Approval HearingSettlement Agreement, the Agreement will be terminated, having no force or effect whatsoeverthereby becoming Opt-Outs, and shall be null and void and will not be admissible as evidence for any purpose are in any pending or future litigation in any jurisdiction.
14.2 In a number more than the event that confidential number submitted to the number of persons who timely and validly request exclusion Court by the Parties under seal, then at its sole election, iFIT may withdraw from the Settlement in accordance with Section 8 herein (“Opt-Outs”) exceeds fifteen thousand (15,000)and terminate this Agreement. In that event, then Defendant may all of iFIT’s obligations under this Agreement shall cease to be of any force and effect, and the Parties shall be restored to their litigation position existing immediately before the execution of this Agreement. In order to elect to withdraw from the Settlement and terminate this Agreement on the ground that exclusion at that level threatens to frustrate the essential purpose of basis set forth in this Agreement. Defendant may exercise its right to terminate this Agreement under this subsection by providing written notification to Paragraph, iFIT must notify Class Counsel in writing of its election no later than five to do so within ten (510) Business Days business days after the Settlement Administrator Opt-Out List has delivered been served on the Parties. In the event that iFIT exercises such right, Class Counsel shall have twenty (20) business days or such longer period as agreed to by the Parties to address the concerns of the Opt-Outs. If through such efforts the total number of members of the Opt-Out List subsequently becomes and remains fewer than the number of Class Members submitted to the Parties a written list Court under seal at the time of all persons who have opted out of filing the Motion for Preliminary Approval, iFIT shall withdraw its election to withdraw from the Settlement in accordance with Section 8.7 aboveand terminate the Agreement. 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; providedIn no event, however, that, after entry of the Final Order and Judgment, the Parties may, by written agreement, effect shall iFIT have any further obligation under this Agreement to any Opt-Out unless such amendments, modifications, or expansions Class Member withdraws his/her request for exclusion. For purposes of this Agreement and its implementing documents Paragraph, Opt-Outs shall not include (including all exhibits heretoi) without further notice to persons who are specifically excluded from 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 2019CH00990Class;
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance A. Within fifteen (15) days after the occurrence of this Agreement is expressly contingent upon entry any of the Final Order following events and Judgmentupon 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 substantially denies fails to approve the relief requested 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 motion for Final Preliminary Approval Order or does not issue the Final Order and Judgment materially 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 same form 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 Exhibit 2 of this Agreement following conclusion of the Final Approval HearingSection VI, the Agreement will be terminated, having no force or effect whatsoeverthereby becoming Opt-Outs, and shall be null and void and will not be admissible as evidence for any purpose are in any pending or future litigation in any jurisdiction.
14.2 In a number more than the event that confidential number submitted to the number Court by the Parties under seal at the time of persons who timely and validly request exclusion filing the Motion For Preliminary Approval, then at its sole election, Stericycle may withdraw from the Settlement in accordance with Section 8 herein (“Opt-Outs”) exceeds fifteen thousand (15,000)and terminate this Agreement. In that event, then Defendant may all of Stericycle’s obligations under this Agreement shall cease to be of any force and effect, and the Parties shall be restored to their litigation position existing immediately before the execution of this Agreement. In order to elect to withdraw from the Settlement and terminate this Agreement on the ground that exclusion at that level threatens to frustrate the essential purpose of basis set forth in this Agreement. Defendant may exercise its right to terminate this Agreement under this subsection by providing written notification to Paragraph, Stericycle must notify Class Counsel in writing of its election no later than five (5) Business Days to do so within ten business days after the Settlement Administrator Opt-Out List has delivered been served on the Parties. In the event that Stericycle exercises such right, Class Counsel shall have twenty (20) business days or such longer period as agreed to by the Parties to address the concerns of the Opt-Outs. If through such efforts the total number of members of the Opt-Out List subsequently becomes and remains fewer than the number of Class Members submitted to the Parties a written list Court under seal at the time of all persons who have opted out of filing the Motion For Preliminary Approval, Stericycle shall withdraw its election to withdraw from the Settlement in accordance with Section 8.7 aboveand terminate the Agreement. 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; providedIn no event, 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 shall Stericycle have any 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 2019CH00990obligation
Appears in 1 contract
Samples: Settlement Agreement
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance A. This Agreement may be terminated at the discretion of either Midland or Plaintiffs, through Class Counsel, if the Court, or any appellate court, rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that the terminating party reasonably determines is expressly contingent upon entry material. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section, in writing sent by first-class mail to the other Party, no later than 20 days after receiving notice of the Final Order and Judgment. If event prompting the termination.
B. Plaintiffs cannot terminate this Agreement solely because of the amount of attorneys’ fees, costs and/or service awards awarded by the Court substantially denies the relief requested or any appellate court(s); however, Plaintiffs and their Counsel reserve all rights on appeal in relation to any award of costs and fees in the motion for Final Approval or event the Court does not issue award the Final Order amount of costs and Judgment materially in fees requested by 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 whatsoeverPlaintiffs, 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 award is less than 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)Class Counsel Payment. Midland, then Defendant however, may elect to terminate this Agreement if the aggregate amount of attorneys’ fees and costs awarded exceeds $5,850,000 in fees and $622,000 in costs, or if the aggregate amount of service awards to Class Representatives exceeds $30,000.
C. Midland may unilaterally terminate this Agreement if any regulator or government entity requires any modification to the Agreement, including, without limitation, a constriction or expansion of the scope of the stated benefits that Midland reasonably deems to be material.
D. Midland may unilaterally terminate this Agreement if the “Opt-Out Percentage” is greater than 2%. The “Opt-Out Percentage” shall be computed based on data as of the last date for filing of a list reflecting all requests for exclusion pursuant to Section VI.C, and shall equal
(a) the sum of (i) the Accumulation Value of all Active Deferred Annuities held by Owners who have excluded themselves from the Class, (ii) the Accumulation Value of all Annuities that have been fully surrendered by Owners who have excluded themselves from the Class, which shall be determined using the Accumulation Value of such Annuities as of the date of full surrender for each such Annuity, and (iii) the Accumulation Value of all Annuities that have been Annuitized by Owners who have excluded themselves from the Class, which shall be determined using the Accumulation Value of such Annuities as of the date of Annuitization for each such Annuity, divided by (b) the aggregate Accumulation Value of all Active Deferred Annuities. All amounts used in the calculation shall be compiled from Midland’s business records of transactions entered into its policy administration system, known as PolicyLink, as of the close of business on the ground that last date for filing of a list reflecting all requests for exclusion at that level threatens pursuant to frustrate Section VI.C, or the essential purpose first practicable day thereafter. If Midland elects to exercise this right, it shall do so by giving written notice to Class Counsel before the Fairness Hearing.
E. Midland may effect termination of the Settlement Agreement under Section XII.B., XII.C. or XII.D. by giving written notice to Class Counsel.
F. If this Agreement is terminated, it shall be void, no Party shall be bound by any of its terms (except for the terms of this paragraph and Sections XIII.C, XIII.G, XIII.M, XIII.N, and as applied to these paragraphs, Sections XIII.O and XIII.P of this Agreement. Defendant may exercise its right to terminate ), and it shall not be admissible in any further proceedings.
X. If this Agreement under is terminated, Xxxxxxx expressly and affirmatively reserves all defenses, arguments and motions as to all claims that might have been or might later be asserted in this subsection by providing written notification to Class Counsel Action, including, without limitation, any applicable Statute of its election no later than five (5) Business Days after Limitations and the Settlement Administrator has delivered to argument that the Parties Action may not be litigated as 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 Agreementclass action.
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
Appears in 1 contract
Samples: Settlement Agreement
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance A. Within fifteen (15) days after the occurrence of this Agreement is expressly contingent upon entry any of the Final Order following events and Judgmentupon 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 substantially denies fails to approve the relief requested 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 motion for Final Preliminary Approval Order or does not issue the Final Order and Judgment materially 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 same form 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 Exhibit 2 of this Agreement following conclusion of the Final Approval HearingSection VI, the Agreement will be terminated, having no force or effect whatsoeverthereby becoming Opt-Outs, and shall be null and void and will not be admissible as evidence for any purpose are in any pending or future litigation in any jurisdiction.
14.2 In a number more than the event that confidential number submitted to the number Court by the Parties under seal at the time of persons who timely and validly request exclusion filing the Motion For Preliminary Approval, then at its sole election, Stericycle may withdraw from the Settlement in accordance with Section 8 herein (“Opt-Outs”) exceeds fifteen thousand (15,000)and terminate this Agreement. In that event, then Defendant may all of Stericycle’s obligations under this Agreement shall cease to be of any force and effect, and the Parties shall be restored to their litigation position existing immediately before the execution of this Agreement. In order to elect to withdraw from the Settlement and terminate this Agreement on the ground that exclusion at that level threatens to frustrate the essential purpose of basis set forth in this Agreement. Defendant may exercise its right to terminate this Agreement under this subsection by providing written notification to Paragraph, Stericycle must notify Class Counsel in writing of its election no later than five (5) Business Days to do so within ten business days after the Settlement Administrator Opt-Out List has delivered been served on the Parties. In the event that Stericycle exercises such right, Class Counsel shall have twenty (20) business days or such longer period as agreed to by the Parties to address the concerns of the Opt-Outs. If through such efforts the total number of members of the Opt-Out List subsequently becomes and remains fewer than the number of Class Members submitted to the Parties a written list Court under seal at the time of all persons who have opted out of filing the Motion For Preliminary Approval, Stericycle shall withdraw its election to withdraw from the Settlement in accordance with Section 8.7 aboveand terminate the Agreement. 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; providedIn no event, however, that, after entry of the Final Order and Judgment, the Parties may, by written agreement, effect shall Stericycle have any further obligation under this Agreement to any Opt-Out unless such amendments, modifications, or expansions Class Member withdraws his/her request for exclusion. For purposes of this Agreement and its implementing documents Paragraph, Opt-Outs shall not include (including all exhibits hereto1) without further notice to persons who are specifically excluded from 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 2019CH00990Class;
Appears in 1 contract
MODIFICATION OR TERMINATION OF THIS AGREEMENT. 14.1 The performance A. Within fifteen (15) days after the occurrence of this Agreement is expressly contingent upon entry any of the Final Order following events and Judgmentupon written notice to counsel for all Parties, the Parties shall have the right to withdraw from the Settlement and terminate this Agreement:
1. If the Court substantially denies fails to approve the relief requested 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 motion for Final Preliminary Approval Order or does not issue the Final Order and Judgment materially 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 the position of any Party and Home Depot on the issue of class certification and the amenability of the claims asserted in the same form Action to class treatment, and the Parties and Home Depot 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 Exhibit 2 of this Agreement following conclusion of the Final Approval HearingSection VII, the Agreement will be terminated, having no force or effect whatsoeverthereby becoming Opt-Outs, and shall be null and void and will not be admissible as evidence for any purpose are in any pending or future litigation in any jurisdiction.
14.2 In a number more than the event that confidential number submitted to the number of persons who timely and validly request exclusion Court by the Parties under seal, then at its sole election, Behr may withdraw from the Settlement in accordance with Section 8 herein (“Opt-Outs”) exceeds fifteen thousand (15,000)and terminate this Agreement. In that event, then Defendant may all of Behr’s obligations under this Agreement shall cease to be of any force and effect, and the Parties and Home Depot shall be restored to their litigation position existing immediately before the execution of this Agreement. In order to elect to withdraw from the Settlement and terminate this Agreement on the ground that exclusion at that level threatens to frustrate the essential purpose of basis set forth in this Agreement. Defendant may exercise its right to terminate this Agreement under this subsection by providing written notification to Class Paragraph, Behr must notify Plaintiffs’ Co-Lead Counsel in writing of its election no later than five to do so within ten (510) Business Days business days after the Settlement Administrator Opt-Out List has delivered been served on the Parties. In the event that Behr exercises such right, Plaintiffs’ Co-Lead Counsel shall have twenty (20) business days or such longer period as agreed to by the Parties to address the concerns of the Opt-Outs. If through such efforts the total number of members of the Opt-Out List subsequently becomes and remains fewer than the number of Class Members submitted to the Parties a written list Court under seal at the time of all filing the Motion For Preliminary Approval, Behr shall withdraw its election to withdraw from the Settlement and terminate the Agreement. In no event, however, shall Behr have any further obligation under this Agreement to any Opt-Out unless such Class Member withdraws his/her request for exclusion. For purposes of this Paragraph, Opt-Outs shall not include (i) persons who have opted out are specifically excluded from the Class; (ii) Class Members who elect to withdraw their request for exclusion and (iii) Opt-Outs who agree to sign an undertaking that they will not pursue an individual claim, class claim or any other claim that would otherwise be a Released Claim as defined in this Agreement.
C. In the event of the Settlement withdrawal by Behr in accordance with Section 8.7 the terms set forth in Paragraphs A and B 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 mayAgreement shall be null and void, by written agreementshall have no further force and effect with respect to Home Depot and any party in any action listed in Appendix 1, effect and shall not be offered in evidence or used in any litigation for any purpose, including the existence, certification or maintenance of any proposed or existing class or the amenability of these or similar claims to class treatment. In the event of such amendmentswithdrawal, modifications, or expansions of this Agreement and its implementing all negotiations, proceedings, documents (including prepared and statements made in connection herewith shall be without prejudice to Behr, Home Depot, Plaintiffs, Class Members and all exhibits hereto) without further notice Parties, and shall not be deemed or construed to be an admission or confession in any way by any Party or Home Depot of any fact, matter or proposition of law and shall not be used in any manner for any purpose, and Home Depot and the Parties to the Settlement Class Action shall stand in the same position as if this Agreement had not been negotiated, made or approval by the Court if such changes are consistent filed with the Court’s Final Order . In the event of such withdrawal, Defendants expressly reserve the right to challenge and Judgment object to the factual allegations and do not materially alterlegal claims of Plaintiffs, reduce, or limit including without limitation that the rights requirements of Settlement Class Members under this AgreementFed. FILED DATE: 4/14/2022 8:11 PM 2019CH00990R. Civ. P. 23 have been satisfied.
Appears in 1 contract
Samples: Settlement Agreement
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 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, that after entry of the Final Order and Final Judgment, the Parties may, may by written agreement, 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 Final Judgment and do not materially alter, reduce, or limit the rights of Settlement Class Members under this Agreement.
B. This Agreement shall terminate if the Court, or any appellate court(s), rejects or denies final approval of this Agreement and Settlement. FILED DATE: 4/14/2022 8:11 PM 2019CH00990If this Agreement is terminated pursuant to Section X(B), 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;
2. The Parties will petition the Court to have any stay orders entered pursuant to this Agreement, if any, lifted and for leave to have the FAC in Xxxxx reinstated as the operative complaint;
3. All of the Agreement’s provisions, and all negotiations, statements, and proceedings relating to it shall be without prejudice to the rights of Defendants, Class Representatives, Plaintiffs or any Class Member, all of whom shall be restored to their respective positions existing immediately before the execution of this Agreement, except that the Parties shall cooperate in requesting that the Court set a new scheduling order such that no Party’s substantive or procedural rights are prejudiced by the settlement negotiations and proceedings including, without limitation, Plaintiffs’ motion for class certification;
4. Released Parties expressly and affirmatively reserve all defenses, arguments, and motions as to all claims that have been, or might later be, asserted in the Action, including, without limitation, the argument that the Action may not be litigated as a class action;
5. The Settling Plaintiffs, Class Representatives, and all other Class Members, on behalf of themselves and their heirs, assigns, executors, administrators, predecessors, and successors, expressly and affirmatively reserve and do not waive all motions as to, and arguments in support of, all claims, causes of actions or remedies that have been or might later be asserted in the Action, including, without limitation, any argument concerning class certification, and/or with regard to any damages or penalties;
6. Defendants, and the other Released Parties, expressly and affirmatively reserve and do not waive all motions and positions as to, and arguments in support of, all defenses to the causes of action or remedies that have been sought or might later be asserted in the Action, including, without limitation, any argument or position opposing class certification, liability or damages;
7. Neither this Agreement, the fact of its having been made, nor the negotiations leading to it, nor any discovery or action taken by a Party or Class Member pursuant to this Agreement shall be admissible or entered into evidence for any purpose whatsoever;
8. Any Settlement-related order(s) or judgment(s) entered in this Action after the date of execution of this Agreement shall be deemed vacated and shall be without any force or effect;
9. Each party shall bear its own costs. Notwithstanding the terms of this paragraph, if the Settlement is not consummated, Settling Plaintiffs’ Counsel / Class Counsel may include any time spent in Settlement efforts as part of any statutory or other fee petition filed at the conclusion of the Action as valuable work done for the benefit of the Class and in furtherance of their claims, and Defendants reserve the right to object to the reasonableness of such requested fees.
Appears in 1 contract
Samples: Class Action Settlement Agreement