Common use of Termination After Appeal Clause in Contracts

Termination After Appeal. If a court declares unenforceable, reverses, vacates, or modifies on appeal any aspect of this Agreement in what Settlement Class Counsel and/or Defendant determines to be a material way, then Settlement Class Counsel and/or Defendant may terminate this Agreement as set forth in Section 11.4.

Termination After Appeal. If a court declares unenforceable, reverses, vacates, or modifies on appeal in a material way any aspect of this Agreement in what (other than the amount of Settlement Class Counsel attorneys’ fees and/or Defendant determines to be a material way, then costs/expenses or Settlement Class Representatives’ incentive payments) Settlement Class Counsel and/or Defendant may terminate this Agreement as set forth in Section 11.48.4.

Termination After Appeal. If a court declares unenforceable, reverses, vacates, or modifies modifies, on appeal or otherwise, any aspect of this Agreement in what Settlement Class Counsel and/or Defendant determines to be be, in their sole discretion, a material way, then Settlement Class Counsel and/or Defendant may terminate this Agreement as set forth in Section 11.4.

Termination After Appeal. If a court declares unenforceable, reverses, vacates, or modifies on appeal any aspect of this Agreement in what Settlement Class Counsel and/or Defendant determines to be a material wayway any aspect of this Agreement, then Settlement Class Counsel and/or Defendant may terminate this Agreement as set forth in Section 11.49.4.