Right of Defendant to Reject Settlement. If Plaintiff or more than ten percent (10%) of the Class Members timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement, in which case 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. However, Defendant will be solely responsible for all Settlement Administration Expenses incurred as of the date Defendant exercises the right to void the Settlement pursuant to this section. Defendant must notify Class Counsel and the Court whether it is exercising its right pursuant to this section no later than fourteen (14) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.
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Right of Defendant to Reject Settlement. If Plaintiff or more than 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 sole right, but not the obligation, to void the Settlement, in which case 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. However, except that Defendant will be solely responsible for all pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement pursuant to this sectionSettlement. Defendant must will notify Class Counsel and the Court whether it is exercising its this right pursuant to this section no void not later than fourteen seven (147) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.
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Samples: Class Action Settlement Agreement
Right of Defendant to Reject Settlement. If Plaintiff or more than ten five percent (105%) of the Class Members timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement, in which case 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. However, except that Defendant will be solely responsible for all Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement pursuant to this sectionParagraph. Defendant must notify Class Counsel and the Court whether it is exercising its right pursuant to this section no Paragraph not later than fourteen seven (147) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.
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Samples: Class Action Settlement Agreement
Right of Defendant to Reject Settlement. If Plaintiff or more than ten percent (10%) of the Class Members timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement, in which case 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. However, except that Defendant will be solely responsible for all pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement pursuant to this sectionParagraph. Defendant must will notify Class Counsel and the Court whether it is exercising its right pursuant to this section no Paragraph not later than fourteen ten (1410) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.
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Samples: Class Action Settlement Agreement