Status if Settlement is Not Approved. This Settlement Agreement is being entered into for settlement purposes only. If the Court denies the Motion for Order Preliminarily Approving Class Action Settlement, Directing Notice and Setting Fairness Hearing or the Motion for Final Approval of the Settlement Agreement or declines to enter the Final Order and Judgment, or if the Effective Date does not occur for any reason (including any reversal of the Final Order and Judgment by an appellate court or remand wherein the material terms herein are not reinstated), then this Settlement Agreement and the Settlement will be deemed null and void ab initio. In that event: (a) the Order Preliminarily Approving Class Action Settlement, Directing Notice and Setting Fairness Hearing, Final Order and Judgment, and any other order post-dating preliminary approval of the Settlement and all of their provisions will be vacated including, but not limited to, the conditional certification of the Class, conditional appointment of Plaintiff as Class Representatives, and conditional appointment of Plaintiff’s counsel as Class Counsel; (b) the Action will revert to the status that existed before the Settlement Agreement’s execution date, subject to entry of a modified scheduling order (wherein the Parties will consent to afford the Parties sufficient time to complete discovery and for Plaintiff to move for class certification), and the Parties shall not have waived any of their claims or defenses; (c) no term or draft of this Settlement Agreement or any part of the Parties’ settlement discussions, negotiations, or documentation will have any effect, be admissible into evidence, or be subject to discovery for any purpose in the Action or any other proceeding; (d) Defendant shall retain all of its rights to object to class certification; and (e) all amounts provided by Defendant to the Settlement Administrator to create the Settlement Fund will be returned to Defendant within five (5) calendar days of the Settlement Agreement being deemed null and void (except for Notice and Administrative Costs incurred to date). SECTION X- RELEASES, ACKNOWLEDGMENTS, AND WAIVERS
