Right of Defendant to Reject Settlement. If ten percent (10%) or more of the Class Members who have not separately settled their Released Class Claims with Defendant timely submit valid Elections Not to Participate in Settlement, Defendant will have the right, but not the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendant will pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement. Defendant will notify Class Counsel and the Court whether it is exercising this right to void not later than seven (7) days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.
Right of Defendant to Reject Settlement. If the number of Class Members who timely submit valid Elections Not to Participate in Settlement exceeds ten percent (10%) of the Class, Defendant, at its sole discretion, shall have the right but not the obligation to revoke the Settlement. Defendant shall exercise its revocation rights, if at all, within seven (7) days of receipt the list Participating Class Members and all Non-Participating Class Members provided for under Section III(F)(3)(d) of this Agreement. If Defendant exercises its revocation rights, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Settlement Administration Expenses as of the date that Defendant exercises the right to void the Settlement pursuant to this Paragraph will be paid by Defendant.
Right of Defendant to Reject Settlement. If more than 10 percent of the Class Members timely submit valid Elections Not to Participate in Settlement, Defendant will have the right, but not the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendant will pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement. Defendant will notify Class Counsel and the Court whether it is exercising this right to void no later than 10 days after the Settlement Administrator notifies the Parties, for the final time, of the number of valid Elections Not to Participate in Settlement it has received.
Right of Defendant to Reject Settlement. If ten percent (10%) or more Class Members timely submit valid Elections Not to Participate in Settlement, Defendant will have the right, but not the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement. Defendant will pay the amount of the Settlement Administration Expenses incurred as of the date that Defendant exercises its right to void the Settlement. Defendant will notify Class Counsel and the Court whether it is exercising this right to void not later than fourteen (14) calendar days after the Settlement Administrator notifies the Parties of the final total number of valid Elections Not to Participate in Settlement it has received following the deadline for Class Members to submit a timely Election Not to Participate in Settlement.
Right of Defendant to Reject Settlement. If ten percent (10%) or more of the Settlement Class Members, or a number of Settlement Class Members whose Settlement Allocations in the aggregate total of ten percent (10%) or more of the Net Settlement Fund, file timely and valid Requests for Exclusion, then Defendant will have the right to rescind the Settlement, and the Settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within seven (7) days after the Claims Administrator notifies them of the number of Requests for Exclusions received that meet this threshold.
Right of Defendant to Reject Settlement. If ten percent (10%) or more of the Class Members who have not separately settled their Released Class Claims with Defendants timely submit valid Elections Not to Participate in Settlement, Defendants will have the right, but not the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, including any obligation by Defendants to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendants will pay the Settlement Administrator’s reasonable fees and expenses incurred as of the date that Defendants exercises its right to void the Settlement. Defendants will notify Class Counsel and the Court whether it is exercising this right to void no later than ten (10) calendar days after the Settlement Administrator notifies the Parties of the total number of valid Elections Not to Participate in Settlement it has received following the close of the period during which Class Members may submit timely Elections Not to Participate.
Right of Defendant to Reject Settlement. If more than three (3) Class Members submit timely, valid Elections Not to Participate in Settlement, Defendant will have the right in its sole discretion, to void the Settlement in which case this Agreement shall become null and void and be of no force and effect. Defendant shall pay the costs incurred by the Settlement Administrator prior to election to void the settlement and the costs of notifying Class Members of the voided settlement.
Right of Defendant to Reject Settlement. If ten percent (10%) or more of the 5 Class Members submit valid and timely Requests for Exclusion, Defendant will have the right, but not 6 the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, 7 including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that 8 otherwise would have been owed under this Agreement, except that Defendant will pay the Settlement 9 Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement.
Right of Defendant to Reject Settlement. If the number of Class Members who timely submit valid Elections Not to Participate in Settlement exceeds ten percent (5%) of the Class, Defendant, at its sole discretion, shall have the right but not the obligation to revoke the Settlement. Defendant shall exercise its revocation rights, if at all, within fourteen (14) days of the deadline for submission of Elections Not to Participate in Settlement by providing written notice to Class Counsel. If Defendant exercises its revocation rights, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Settlement Administration Expenses as of the date that Defendant exercises the right to void the Settlement pursuant to this Paragraph will be paid by Defendant.
Right of Defendant to Reject Settlement
