Nullification of Settlement Agreement. In the event that: (i) the Court does not finally approve the Settlement as provided herein; or (ii) the Settlement does not become final for any other reason, then this Settlement Agreement, and any documents generated to bring it into effect, will be null and void. Any order or judgment entered by the Court in furtherance of this Settlement Agreement will likewise be treated as void from the beginning.
Nullification of Settlement Agreement. 1. If more than two and one-half percent (2.5%) of the members of the Settlement Class opt out of the Settlement Class by submitting valid and timely Requests for Exclusion as set forth in Section III.9(d) of this Agreement, Defendant shall have the right in its sole and exclusive discretion to rescind and void this Settlement Agreement at any time before final approval by the Court, by providing written notice to Class Counsel that Defendant revokes the Settlement pursuant to this paragraph within ten (10) business days from the date on which the Claims Administrator furnishes the parties with the number of valid and timely Requests for Exclusion, as set forth in Section III.9(d). If Defendant exercises this option, or if the court fails to approve this Agreement, neither Defendant nor any other Releasee shall have any obligation to make any payments under this Agreement and Defendant shall receive a return of any funds already paid. In such a case, Defendant shall pay all Claims Administration Expenses incurred up to that date.
2. If the Court does not approve any material condition of this Settlement Agreement or effects a fundamental change of this Settlement Agreement, with the exception of any reductions in the award of Class Counsel Fees, the award of Plaintiffs’ Litigation Expenses, and/or the award of Class Representative Service Award, then the entire Settlement Agreement will be voidable and unenforceable at the option of either Party hereto. Either Party may void this Settlement Agreement as provided in this paragraph, by giving written notice to all other Parties and the Court at any time prior to final approval of the Settlement Agreement by the Court. In the event this Settlement Agreement becomes void as provided in this paragraph, the Parties shall proceed in all respects as if this Agreement had not been executed, Defendant shall have no obligation to make any payment, including payment of the Gross Common Fund, and in that event that Defendant has previously made any payment under this Agreement, such monies shall be returned promptly to Defendant. In such a case, any fees already incurred by the Claims Administrator shall be paid by the Party who exercises the option to void the Settlement Agreement.
Nullification of Settlement Agreement. In the event that this Settlement Agreement is not preliminarily or finally approved by the Court, fails to become effective, or is reversed, withdrawn or modified by the Court, or in any way prevents or prohibits Defendant from obtaining a complete resolution of the claims described herein:
A. This Settlement Agreement shall be void ab initio and of no force or effect, and shall not be admissible in any judicial, administrative or arbitral proceeding for any purpose or with respect to any issue, substantive or procedural;
B. The conditional class certification (obtained for any purpose) shall be void ab initio and of no force and effect, and shall not be admissible in any judicial, administrative or arbitral proceeding for any purpose or with respect to any issue, substantive or procedural; and
C. None of the Parties to this Settlement will be deemed to have waived any claims, objections, defenses or arguments in the Lawsuit, including with respect to the issue of class certification.
Nullification of Settlement Agreement. In the event that this Settlement Agreement is not preliminarily or finally approved by the Court, fails to become effective, or is reversed, withdrawn or modified by the Court, or in any way prevents or prohibits Defendant from obtaining a complete resolution of the claims described herein:
A. This Settlement Agreement shall be void ab initio and of no force or effect, and shall not be admissible in any judicial, administrative or arbitral proceeding for any purpose or with respect to any issue, substantive or procedural, except that any fees and costs already incurred by the Settlement Administrator shall be paid by Defendant;
B. The conditional class certification (obtained for any purpose) shall be void ab initio and of no force and effect, and shall not be admissible in any judicial, administrative or arbitral proceeding for any purpose or with respect to any issue, substantive or procedural; and
C. None of the Parties to this Settlement will be deemed to have waived any claims, objections, defenses, or arguments in the Lawsuit, including with respect to the issue of class certification.
Nullification of Settlement Agreement. In the event: (i) the Court denies with prejudice preliminary approval of the Settlement; (ii) the Court denies with prejudice final approval of the Settlement; (iii) the Court refuses to enter a Final Judgment as provided herein; or (iv) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void from the beginning. To the extent that more than 75 Settlement Class Members submit valid Requests for Exclusion, Amazon has the option to nullify this settlement within ten (10) days of notification by the Settlement Administrator after the Response Deadline of the total number of Requests for Exclusion, via a written notice to Plaintiff’s counsel. If Amazon exercises this option, the Settlement will become void and unenforceable in its entirety and the Parties shall be returned to their status as if this Agreement had not been executed, except that any fees already incurred by the Settlement Administrator shall be paid by Amazon.
Nullification of Settlement Agreement. 15132937v.1 This Settlement Agreement is contingent upon final approval of the Settlement Agreement. If: (i) the Court does not enter a final approval order; (ii) the Court does not finally approve the Settlement as provided herein; or (iii) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void, and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void ab initio. In such a case, the Parties and any funds to be awarded under this Settlement shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Settlement Agreement, and the Parties shall proceed in all respects as if this Settlement Agreement had not been executed. Notwithstanding the foregoing, a federal court’s refusal to grant final approval is not grounds for nullification if the federal court remands the case to state court. In the event an appeal is filed from the Court’s Final Approval Order, or any other appellate review is sought prior to the Effective Date, administration of the Settlement shall be stayed pending final resolution of the appeal or other appellate review.
Nullification of Settlement Agreement. In the event that prior to the 15 Effective Date: (i) the Court does not enter a Preliminary Approval Order; (ii) the Court 16 does not finally approve the Settlement as provided herein; (iii) the Court does not enter a 18 Effective Date; (iv) more than ten percent (10%) of Plaintiffs submit valid opt-out election 19 forms and Defendants exercise their option to terminate the Settlement Agreement; or (v) 20 the Settlement does not become final for any other reason, this Settlement Agreement shall 21 be null and void and any order or judgment entered by the Court in furtherance of this 22 Settlement shall be treated as void ab initio. In that case, the Parties will seek to reach a 23 revised agreement acceptable to them to be presented to the Court. In the event the Parties 24 cannot reach a mutually acceptable revised agreement, they shall ask the mediator to assist 25 them in resolving the remaining disputes before litigating further. In the event the Parties 26 are unable to reach a revised agreement, or any such revised agreement is not approved by 27 the Court, the Parties shall proceed in all respects as if this Settlement Agreement had not 28 been executed and Defendants will not make any payments under this Settlement 1 Agreement, except that any fees already incurred by the Settlement Administrator shall be 2 paid for equally by the Parties. In the event an appeal is filed from the Court's Final 3 Judgment, or any other appellate review is sought prior to the Effective Date, 4 administration of the Settlement shall be stayed pending final resolution of the appeal or 5 other appellate review. 6
Nullification of Settlement Agreement. In the event that: (i) the Court does not finally 4 approve the Settlement as provided herein; or (ii) the Settlement does not become final for any other 5 reason, then this Settlement Agreement, except as expressly agreed upon in writing by the Parties, will 6 be null and void. Any order or judgment entered by the Court in furtherance of this Settlement 7 Agreement will likewise be treated as void from the beginning. To the extent settlement approval is 8 denied for any non-material reason, the parties agree to cooperate in curing any non-material 9 deficiencies to obtain approval of the settlement.
Nullification of Settlement Agreement. In the event: (i) the Court does not enter the Preliminary Approval Order specified herein; (ii) the Court does not enter a General Judgment as provided herein which becomes final as a result of the occurrence of the Effective Date; or (iii) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void. In the event this Settlement is nullified for any reason set forth in this paragraph, the Parties and any Amounts to be awarded under this Settlement shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Agreement, and the Parties shall proceed in all respects as if this Settlement Agreement had not been executed, except that any costs already incurred by the Claims Administrator shall be a cost which is split evenly between the Plaintiffs and ACS.
Nullification of Settlement Agreement. In the event that: (a) the Court does not finally approve the Settlement as provided herein; (b) the Court strikes or does not approve any material term of this Settlement Agreement; or (c) the Settlement does not become final as written and agreed to by the Parties for any other reason, then this Settlement Agreement, and any documents generated to bring it into effect including the Memorandum of Agreement, will be null and void, all amounts deposited into the QSF will be returned to Defendant, and the Parties shall be returned to their original respective positions. Any order or judgment entered by the Court in furtherance of this Settlement Agreement will likewise be treated as void from the beginning. DELSON, P. S Center 8th Street N 55402. 2136
