Right To Terminate Settlement Agreement. If more than 5000 persons submit a timely and valid request to opt out of the Settlement Class, Defendant shall have the unilateral right to terminate this Agreement (and any obligations thereunder) within three (3) business days of the filing with the Court of the opt-out list described in Section 7.7 of this Agreement. Furthermore, except for changes to the time periods set forth in Parts IV and VII, and except as set forth in Section 6.3 of this Agreement, all other terms and limitations set forth in this Agreement and in the documents referred to or incorporated herein (including but not limited to the Long Form Notice, the Print Publication Notice, the Online Notice and the Claim Form) shall be deemed material to the Parties’ agreement, and in the event any such other term is altered or amended by the Court (including if the Court refuses to certify the Settlement Class and/or modifies the definition of the class), or any other court, or if any federal or state authority objects to or requires modifications to the Agreement, any Party whose rights or obligations are affected by the alteration or amendment may terminate this Agreement upon written notice to the other Parties.
Right To Terminate Settlement Agreement. Except for changes to the Claim Filing Deadline and Objection/Exclusion Deadline, and except as set forth in Section 6.3 of this Agreement, all other terms and limitations set forth in this Agreement and in the documents referred to or incorporated herein (including but not limited to the Exhibits) shall be deemed material to the Parties’ agreement, and in the event any such other term is altered or amended by the Court (including if the Court refuses to certify the Settlement Class and/or modifies the definition of the Settlement Class), or any other court, or if any federal or state authority objects to or requires modifications to the Agreement, any Party whose rights or obligations are affected by the alteration or amendment may terminate this Agreement upon written notice to the other Party.
Right To Terminate Settlement Agreement. 8.1 If more than 500 Class Members object to or timely elect to opt-out of the Settlement (through the Request for Exclusion procedure), Defendants may unilaterally, in their sole discretion, withdraw from and terminate this Agreement by providing written notice of termination to Class Counsel. Notice of termination under this paragraph shall be provided on or before 15 calendar days of Defendants’ receipt of final written notice from the Administrator that the opt-out number has exceeded 500 Class Members, or shall be deemed waived. Class Members who declined to allow their contact information to be shared with plaintiffs’ counsel pursuant to prior Xxxxxxx-Xxxx notification shall not be deemed opt outs to the settlement, but rather, shall receive the Class Notice and an opportunity to opt out of this Settlement.
