Common use of Non-Approval of Agreement Clause in Contracts

Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. In the event that the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, as if no Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreement, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. This Settlement, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s requests for attorneys’ fees and expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In the event that the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class.

Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. In the event that If the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, as if no settlement or this Agreement had been negotiated or entered into. , and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class and neither this Agreement nor any of the negotiations that formed a part of this Agreement may be used for any purpose whatsoever as provided by FRE 408 and applicable law.. Moreover, and as set forth above, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreementdefenses, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. This Settlement, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s requests for attorneys’ fees and expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In the event that If the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreementante, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement ClassClass and neither this Agreement nor any of the negotiations that formed a part of this Agreement may be used for any purpose whatsoever as provided by FRE 408 and applicable law.

Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. In the event that the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, as if no Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreement, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. This Settlement, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s 's request for an Incentive Payment and/or Class Counsel’s 's requests for attorneys’ ' fees and expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s 's and/or Class Counsel’s 's requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In the event that the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class.

Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. In the event that If the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, as if no settlement or this Agreement had been negotiated or entered into. Defendant shall not be obligated to make any payments or provide any other monetary or non-monetary relief to Plaintiff or any member of the Settlement Class, or any Attorney’s Fees or expenses to Class Counsel. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreementdefenses, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. This SettlementNeither the Agreement, for purposes nor any other fact or statement relating to the negotiation of clarificationthe Agreement may be used, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s requests for attorneys’ fees and expensesoffered, or awarding the particular amounts sought by Plaintiff and/or Class Counseladmitted as an admission or evidence of liability. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In the event that If the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreementante, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class. This Settlement, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s request for Attorneys’ Fees and Expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the Settlement will continue to be effective and enforceable.

Non-Approval of Agreement. This Agreement is conditioned on Final Approval upon final approval without material modification by the CourtDistrict Court in the Xxxxx Action. In the event that the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this AgreementOctober 6, 2008 as if no Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the AgreementOctober 6, 2008, and shall not be deemed to have waived any substantive, evidentiary, procedural, substantive or other procedural rights of any kind that they may have as to each other or any member of the proposed Settlement Class, including without limitation the right to move to compel arbitration as to any claims that might be asserted by any of the Plaintiffs or by any member of the proposed Settlement Class. This SettlementLikewise, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s requests for attorneys’ fees and expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In in the event that the Agreement is approved without material modification by the District Court, but is later reversed or vacated on appeal, each of the Parties shall have a the right to withdraw from the Agreement and return to the status quo ante as of the date of this AgreementOctober 6, 2008, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, substantive or procedural rights of any kind that they may have as to each other or any member of the proposed Settlement Class, including without limitation the right to move to compel arbitration as to any claims that might be asserted by any of the Plaintiffs or by any member of the proposed Settlement Class.