Termination if Court Approval Is Not Obtained. This Agreement is expressly conditioned upon: (i) Court approval of this Agreement; (ii) entry of the Preliminary Approval Order in a mutually-agreeable form; and (iii) entry of the Final Approval Order in a mutually-agreeable form. If the Court declines to enter either of these Orders, or modifies (in what Settling Defendants, or any of them, reasonably determine to be a material way) any aspect of this Agreement or of such Orders, Settling Defendants or any of them shall have the independent right to terminate this Agreement. For purposes of this Section III.F.9., a “material” modification shall include, but is not limited to, any modification in the releases to be provided, or any modification that would increase the Settlement Amount. However, an award by the Court of a lesser amount than that sought by Plaintiff and Class Counsel for the Class Representative Service Payment, the Class Counsel Fees Payment, or the Class Counsel Litigation Expenses Payment, will not constitute a material modification to the Settlement within the meaning of this paragraph.
Termination if Court Approval Is Not Obtained. This Agreement is expressly 20 conditioned upon: (i) Court approval of this Agreement; (ii) entry of the Preliminary Approval 21 Order in a mutually-agreeable form; and (iii) entry of the Final Approval Order in a mutually- 22 agreeable form. If the Court declines to enter either of these Orders, or modifies (in what Defendant 23 reasonably determines to be a material way) any aspect of this Agreement or of such Orders, 24 Defendant shall have the independent right to terminate this Agreement as set forth in Section 8.4. 25 For purposes of this Section 8, a “material” modification shall include, but is not limited to, any 26 modification in the releases to be provided, or any modification that would increase the Total 27 Maximum Settlement Payment (defined below). 28 ///
