Common use of Option to Terminate Based on Exclusions Clause in Contracts

Option to Terminate Based on Exclusions. Settling Defendants shall have the option to terminate this Settlement Agreement, and thus prevent the entry of the Order and Final Judgment, in accordance with the provisions set forth in a separate Supplemental Agreement, dated December 17, 2015, the provisions of which are incorporated by reference as though fully set forth herein, if the criteria specified in the Supplemental Agreement are met. Absent an order or other direction from the Court, the Supplemental Agreement will not be filed with the Court unless and until either: (1) a dispute among the Parties concerning its interpretation or application arises, and in that event it shall be, to the greatest extent allowable by law and/or the Court, filed and maintained with the Court under seal; or (ii) the Court otherwise orders the Supplemental Agreement disclosed. In the event of termination of this Settlement Agreement, neither Plaintiffs nor their counsel shall have any responsibility for the costs of Class Notice nor to pay or reimburse Settling Defendants for any sums expended for the costs of Class Notice or otherwise expended in accordance with Court orders.

Option to Terminate Based on Exclusions. Settling Defendants shall have the option to terminate this Settlement Agreement, and thus prevent the entry of the Order and Final Judgment, in accordance with the provisions set forth in a separate Supplemental Agreement, dated December 17October 16, 20152014 (the “Supplemental Agreement”), the provisions of which are incorporated by reference as though fully set forth herein, if the criteria specified in the Supplemental Agreement are met. Absent an order or other direction from the Court, the Supplemental Agreement will not be filed with the Court unless and until either: (1i) a dispute among the Parties concerning its interpretation or application arises, and in that event it shall be, to the greatest extent allowable permitted by law and/or the Court, filed and maintained with the Court under seal; or (ii) the Court otherwise orders the Supplemental Agreement disclosedto be filed. In the event of termination of this Settlement Agreement, neither Plaintiffs nor their counsel Counsel shall have any responsibility for the costs of Class Notice class notice nor to pay or reimburse Settling Defendants for any sums expended for the costs of Class Notice class notice or otherwise expended in accordance with Court ordersorders or authorization.

Option to Terminate Based on Exclusions. Settling Defendants shall have the option to terminate this Settlement Agreement, and thus prevent the entry of the Order and Final Judgment, in accordance with the provisions set forth in a separate Supplemental Agreement, dated December 17, 2015, the provisions of which are incorporated by reference as though fully set forth herein, if the criteria specified in the Supplemental Agreement are met. Absent an order or other direction from the Court, the Supplemental Agreement will not be filed with the Court unless and until either: (1) a dispute among the Parties concerning its interpretation or application arises, and in that event it shall be, to the greatest extent allowable by law and/or the Court, filed and maintained with the Court under seal; or (ii) the Court otherwise orders the Supplemental Agreement disclosed. In the event of termination of this Settlement Agreement, neither Plaintiffs nor their counsel shall have any responsibility for the costs of Class Notice nor to pay or reimburse Settling Defendants for any sums expended for the costs of Class Notice or otherwise expended in accordance with Court orders.

Option to Terminate Based on Exclusions. Settling Defendants Defendant shall have the option in its sole discretion to terminate this Settlement Agreement, and thus prevent the entry of the Order and Final Judgment, in accordance with the provisions set forth in a separate Supplemental Agreement, dated December 175, 20152012, (the “Supplemental Agreement”) the provisions of which are incorporated by reference as though fully set forth herein, if the criteria specified in the Supplemental Agreement are met. Absent an order or other direction from the Court, the Supplemental Agreement will not be filed with the Court unless and until either: (1i) a dispute among the Parties concerning its interpretation or application arises, and in that event that it shall be, to the greatest extent allowable by law and/or the Court, filed and maintained with by the Court under seal; or (ii) the Court otherwise orders the Supplemental Agreement disclosed. In the event of termination of this Settlement Agreement, neither Plaintiffs nor their counsel Counsel shall have any responsibility for the costs of Class Notice class notice nor to pay or reimburse Settling Defendants Defendant for any sums expended for the costs of Class Notice class notice or otherwise expended in accordance with Court orders.