Termination Based on Exclusion Requests. 27 Defendant, in its sole and absolute discretion, may elect to terminate this Agreement if 28 exclusion requests as provided for in the Preliminary Approval Order exceeds 1% of the Class. 1 Defendants may terminate under this Paragraph by providing written notice of termination to Class 2 Counsel no later than seven (7) calendar days before the Settlement Hearing date set by the Court in 3 the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the 4 Settlement Order and Final Judgment.
Termination Based on Exclusion Requests. Consumer Reports, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided for in the Preliminary Approval Order exceed a number to which Consumer Reports and Class Representative have agreed. Consumer Reports may terminate under this Paragraph by providing written notice of termination to Class Counsel no later than fourteen (14) days before the Final Approval Hearing date set by the Court in the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the Final Judgment.
Termination Based on Exclusion Requests. Defendant, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided for in the Preliminary Approval Order and Paragraph 4.04 above exceed a number agreed-upon by the Parties. Defendant may terminate under this Paragraph by providing written notice of termination to Class Counsel within thirty (30) calendar days of the end of the deadline to request exclusion set by the Court. Defendant has documented this termination option in a companion agreement between the Parties that will not be filed with the Court unless the Court so orders and, even then, only after the exclusion deadline has expired.
Termination Based on Exclusion Requests. The notice shall direct that exclusion requests, if any, be sent to T&C, which will provide periodic updates on exclusion requests to both Swedish and Class Counsel. Swedish, in its sole and absolute discretion, may elect to terminate this Agreement if (1) exclusion requests as provided for in the Preliminary Approval Order exceed five percent of the Class or (2) the total amounts owed to Swedish by Class Members requesting exclusion exceeds $50,000. Swedish may terminate under this Paragraph by providing written notice of termination to Class Counsel no later than seven (7) days before the hearing date set by the Court in the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the Settlement Order and Final Judgment.
Termination Based on Exclusion Requests. The class notice shall direct that exclusion requests, if any, must be in writing and returned to Class Counsel. As Class Counsel receive exclusion requests, they will provide copies to counsel for Arcis on a regular basis, as requested by Arcis. Arcis, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided in the Preliminary Approval Order exceed 10 percent (10%) or more of Class Members. Arcis may terminate under this paragraph by serving a written notice of termination on the Court and Class Counsel, by hand delivery or certified mail, such that the notice is delivered or postmarked no later than fifteen (15) days after Class Counsel notify Arcis in writing of the total number of exclusion requests received upon expiration of the period for returning exclusion requests pursuant to Paragraph 3.04.
Termination Based on Exclusion Requests. The notice shall direct that exclusion requests, if any, be sent to the third-party administrator retained by Clearwire, which will provide periodic updates on exclusion requests to both Clearwire and Class Counsel. Clearwire, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided for in the Preliminary Approval Order exceed a number to which the parties have agreed. Clearwire may terminate under this Paragraph by providing written notice of termination to Class Counsel no later than seven (7) days before the hearing date set by the Court in the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the Settlement Order and Final Judgment.
Termination Based on Exclusion Requests. Starbucks, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided for in the Order Directing Notice to the Class exceed 400 Class Members. Starbucks may terminate under this Paragraph by providing written notice of termination to Class Counsel no later than fourteen (14) days before the Final Approval Hearing date set by the Court in the Action in the Order Directing Notice to the Class to consider objections, if any, to the Settlement and to enter the Final Judgment.
Termination Based on Exclusion Requests. Waste Management, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests and/or objections as provided for in the Preliminary Approval Order in the aggregate constitute more than one percent (1.0%) of the total Settlement Class Membership. Waste Management may terminate under this Paragraph by providing written notice of termination to Class Counsel no later than fourteen (14) days before the Final Approval Hearing date set by the Court in the Preliminary Approval Order.
Termination Based on Exclusion Requests. The notice shall direct that exclusion requests, if any, be sent to CPT, which will provide periodic updates on exclusion requests to both CDR and Class Counsel. CDR, in its sole and absolute discretion, may elect to terminate this Agreement if exclusion requests as provided for in the Preliminary Approval Order exceed twenty (20) percent of notices mailed. CDR may terminate under this Section by providing written notice of termination to Class Counsel no later than seven (7) days before the hearing date set by the Court in the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the Settlement Order and Final Judgment.
