Right to Set Aside Settlement. The Settlement Administrator shall advise the Parties of the number and identity of valid and timely opt outs within seven (7) days after the Opt-Out Deadline. The Fifth Third/Vantiv Defendants shall have the right to set aside or rescind this Agreement, in the sole exercise of their discretion, if more than 500 Settlement Class Members opt out of the settlement. In order to exercise this right, the Fifth Third/Vantiv Defendants must inform Settlement Class Counsel of their decision to set aside the settlement in writing within fourteen (14) days after the Opt-Out Deadline. In the event the Fifth Third/Vantiv Defendants exercise their discretion to set aside the settlement, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this settlement and this Agreement shall have been made without prejudice to the Parties, shall not be deemed or construed to be an admission or confession by any Party of any fact, matter, or proposition of law, and shall not be used in any manner for any purpose. All Parties shall stand in the same position as if this Agreement had not been negotiated, made, or filed with the Court. In such event, the Parties to the Lawsuit shall move the Court to vacate any and all orders entered by the Court pursuant to the provisions of this Agreement.
Right to Set Aside Settlement. The City of Chicago shall have the right to set aside or rescind this Agreement, in the good faith exercise of its discretion, if more than ten percent (10%) of the Class Members opt out of the settlement. In order to exercise this right, the City must inform Class Counsel of its decision to set aside the settlement in writing within twenty-one (21) days after the deadline for Class Members to opt out of the settlement. In the event the City exercises its discretion to set aside the settlement, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this settlement and this Agreement shall have been made without prejudice to the Parties, shall not be deemed or construed to be an admission or confession by any Party of any fact, matter, or proposition of law, and shall not be used in any manner for any purpose. All Parties shall stand in the same position as if this Agreement had not been negotiated, made, or filed with the Court. In such event, the Parties to the Lawsuits shall move the Court to vacate any and all orders entered by the Court pursuant to the provisions of this Agreement.
Right to Set Aside Settlement. The Xxxxx Fargo Defendants shall have the right to set aside or rescind this Agreement, in the sole exercise of their discretion, if Settlement Class Members who received more than one thousand (1,000) of the Eligible Calls opt out of the settlement. In order to exercise this right, the Xxxxx Fargo Defendants must inform Settlement Class Counsel of their decision to set aside the settlement in writing within fourteen (14) days after the Opt-Out Deadline. In the event the Xxxxx Fargo Defendants exercise their discretion to set aside the settlement, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this settlement and this Agreement shall have been made without prejudice to the Parties, shall not be deemed or construed to be an admission or confession by any Party of any fact, matter, or proposition of law, and shall not be used in any manner for any purpose. All Parties shall stand in the same position as if this Agreement had not been negotiated, made, or filed with the Court. In such event, the Parties to the Lawsuit shall move the Court to vacate any and all orders entered by the Court pursuant to the provisions of this Agreement.
