Common use of PROCEDURES FOR SETTLEMENT APPROVAL Clause in Contracts

PROCEDURES FOR SETTLEMENT APPROVAL. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court, substantially in the form of the proposed Final Approval Order and Judgment attached hereto as Exhibit G. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Viridian with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order and Judgment entered by the Court. 1. If no Party timely elects to terminate, then the Parties shall remain bound to the Settlement as so modified. For purposes of this paragraph, a “material modification” is one that significantly affects the rights or obligations of one or more of the Parties. Without limiting the foregoing and by way of illustration only, material modifications include but are not limited to: (1) any change to the scope of the Released Claims set forth in this Settlement Agreement; (2) any material change to the Final Approval Order and Judgment, which limits or reduces any of the protections afforded to Viridian, (3) any increase in the cost of the settlement to be borne by Viridian to be determined at the sole discretion of Viridian; (4) any material change to the benefits; and/or (5) any material change to the forms of the Class Notice, notice plan, claim process, or Claim Form available to Settlement Class Members. No order or action of the Court pertaining to attorneys’ fees or expenses shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of settlement to be borne by Viridian, and does not require that Viridian do anything not specifically set forth herein, or is one that significantly affects the rights or obligations of one or more of the Parties. Similarly, no order, action, or modification of the Court pertaining to the Named Plaintiff Service Awards shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of Settlement to be borne by Viridian, and does not require that Viridian do anything not specifically set forth herein. Any dispute as to the materiality of any modification or proposed modification of this Agreement, other than those specific items listed in (1) through (5) above, shall be resolved by the Court.

PROCEDURES FOR SETTLEMENT APPROVAL. 11.1 This Agreement and the Settlement embodied herein are subject to Final Approval by the Court, substantially in the form of the proposed Final Approval Order and Judgment attached hereto as Exhibit G. . If the Settlement is approved, the Court will enter a judgment dismissing dismissing 11.2 If this Agreement or any part of it is materially modified by the claims against Viridian with prejudice. The Parties waive any right to Court or is materially modified upon appeal or collaterally attack a Final Approval Order and Judgment entered by remand, any of the CourtParties may terminate this Agreement pursuant to Paragraph 16. 1. If no Party timely elects to terminate, terminate then the Parties shall remain bound to the Settlement as so modified. For purposes of this paragraph, a “material modification” is one that significantly affects the rights or obligations of one or more of the Parties. Without limiting the foregoing and by way of illustration only, material modifications include but are not limited to: (1) any change to the scope of the Released Claims set forth in this Settlement Agreement; (2) any material change to the Final Approval Order and Judgment, which limits or reduces any of the protections afforded to Viridian, Defendants; and (3) any increase in the cost of the settlement to be borne by Viridian Defendants to be determined at the sole discretion of ViridianDefendants; and/or (4) any material change to the benefits; , Class Notices, Claim Form, and/or (5) any material change to the forms of the Class Notice, notice plan, claim process, or Claim Form available to Settlement Class Members. . 11.3 No order or action of the Court pertaining to attorneys’ fees or expenses shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of settlement to be borne by ViridianDefendants, and does not require that Viridian Defendants do anything not specifically set forth herein, or is one that significantly affects the rights or obligations of one or more of the Parties. Similarly, no order, action, or modification of the Court pertaining to the Named Plaintiff Service Awards shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of Settlement to be borne by ViridianDefendants, and does not require that Viridian Defendants do anything not specifically set forth herein. Any dispute as to the materiality of any modification or proposed modification of . 11.4 By signing this Agreement, other than those specific items listed in (1) through (5) aboveCCHS’s representative affirms that CCHS’s Board of Advisors has approved this Agreement. Any material modifications to this Agreement, shall be resolved including material modifications made by the Court, similarly will be subject to approval by CCHS’s Board of Advisors.