No Opt-Out. The Parties agree that the Settlement Class will be certified in accordance with the standards applicable under Rule 23(b)(2) of the Federal Rules of Civil Procedure and that, accordingly, no Settlement Class member may opt out of any of the provisions of this Agreement.
No Opt-Out. The Parties agree that the Settlement Class shall be certified in accordance with the standards applicable under Rule 23(b)(2) of the Federal Rules of Civil Procedure and that, accordingly, no Settlement Class member may opt out of any of the provisions of this Settlement Agreement. The Parties further agree that any order, ruling, or determination by or of the District Court or any other court that permits or allows any Settlement Class member to opt out of any of the provisions of this Settlement Agreement shall constitute a material modification of this Settlement Agreement, shall prevent the Judgment from becoming Final and shall give any Party the right to terminate this Settlement Agreement in its entirety.
No Opt-Out. Because the Class was certified under Rule 23(c)(4) and Class Members are not releasing any rights or claims, Class Members may not exclude themselves from or opt out of the Agreement.
No Opt-Out. If Maxygen continues to pay its share of the Collaboration Costs for Products as described in Section 4.1.1, and does not opt-out of the payment of Collaboration Costs pursuant to Section 4.7, then Maxygen shall receive royalties on annual Net Sales of such Product in the applicable geographic region, as follows:
No Opt-Out. The Company will not opt out of the TLG Program pursuant to Section 370.5(c) of the TLG Program nor take any action that would void the FDIC guarantee.
