Option to Rescind. If the Court declines to grant preliminary or final approval of this Settlement Agreement, or if such approval is materially modified or set aside on appeal, or if the Court does not enter the Final Judgment as provided in Paragraph 9, or if the Court enters the Final Judgment and appellate review is sought and, as a result of such review, the Effective Date does not occur, then the Settling Defendants and the Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice to the undersigned counsel, by personal delivery, facsimile, email, or by overnight courier within ten (10) business days of the Court’s order declining to preliminarily or finally approve this Settlement Agreement, or a Court order materially modifying the terms of the settlement or setting it aside on appeal, or a Court order declining to enter Final Judgment, or an order on appeal that fails to affirm Final Judgment. A modification or reversal on appeal of the Fee and Cost Amount awarded by the Court, the Class Representatives’ incentive awards, or the Plan of Allocation shall not be deemed a modification of all or part of this Settlement Agreement or the Final Judgment and shall not provide an option to rescind pursuant to this paragraph.
Option to Rescind. In the event that (i) physical damage resulting from the Force Majeure renders the Leased Premises totally unfit for use or occupation for more than sixty (60) days, or (ii) the repairs required to rectify the damage resulting from Force Majeure and to render the Leased Premises fit for use and occupation are expected to last for more than ninety (90) days, or (iii) Force Majeure prevents LESSEE from conducting its business in the Leased Premises for a period of more than sixty (60) days, then either party with regard to (i) and (ii) and LESSEE with regard to (iii) shall have the right to rescind this Contract which shall be without prejudice to the rights and remedies of either party against the other in respect of any claim or liability antecedent to such rescission. In no case shall any compensation or claim be allowed against LESSOR by reason of the interruption, annoyance or injury caused to LESSEE or its property arising from the rescission of this Contract or any interruption in the use or possession of the Leased Premises or the repair of any portion of the Building or the Leased Premises.
Option to Rescind. If (a) this Settlement Agreement is not approved by the Court in substantially the form drafted and agreed upon by the Parties, including certification of the Settlement Classes; or (b) if any material objections to the Settlement Agreement are sustained by the Court; or (c) if final approval of this Settlement does not occur and the Court does not enter the Final Order and Judgment substantially in the form agreed to by the Parties; then Defendants and Class Representatives shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice to the undersigned counsel, by personal delivery, email, or by overnight courier within ten (10) business days of an Order by the Court satisfying any of the preceding conditions in this paragraph. A modification or reversal on appeal of the Fee and Cost Amount awarded by the Court, the Class Representatives’ service awards, or the Plan of Allocation shall not be deemed a modification of this Settlement Agreement or the Final Judgment and shall not provide an option to rescind under this paragraph.
Option to Rescind. Landlord hereby grants Tenant the option to rescind ----------------- this First Amendment; provided that, this option shall only be exercisable by Tenant if it is not otherwise in default of the Lease. In order to exercise this option, Tenant shall deliver written notice to Landlord of Tenant's exercise of this option on or before the close of business (5:00 p.m. MST) on January 31, 2002. If Tenant fails to deliver written notice in accordance with this Paragraph 6 or fails to pay the expenses set forth infra, this option shall ----- lapse and be null and void, notwithstanding Tenant's attempt to exercise the same. As consideration for Tenant's rescission of this First Amendment, Tenant hereby agrees to reimburse Landlord for all of its actual expenses related to the negotiation, preparation and termination of this First Amendment, including, but not limited to all professional fees and out-of-pocket expenses incurred by Landlord. Tenant shall pay such actual expenses to Landlord within ten (10) days of receipt of Landlord's invoice for the same. In the event Tenant properly exercises this option to rescind and pays the actual expenses, this First Amendment shall be null and void and of no further force and effect.
Option to Rescind. Xxxxxxxx will have the sole discretion to rescind this Settlement Agreement if its Broiler sales for the period January 1, 2008 through December 20, 2019, to customers who opt out of the Settlement Class exceed 50% of Xxxxxxxx’x total Broiler sales for the same period. In a separate confidential letter agreement, the parties have agreed upon the dollar value of each customer’s direct purchase of Broilers from Xxxxxxxx during the Settlement Class Period for purposes of this Settlement Agreement. This list will be used to calculate the Opt-Out Percentage in this Paragraph for determining whether opt-outs exceed 50%.
Option to Rescind. If ten percent (10%) or more combined total number of Wisconsin Class Members opt out of the settlement, Defendant has the option of rescinding/voiding the settlement, so that the case will proceed as if no settlement had been attempted, and the Parties retain all rights with respect to their respective claims and defenses.
