Termination if Opt Out Limit Is Exceeded. If the number of days worked by Class Members who timely submit valid Elections Not to Participate in Settlement exceeds five percent (5%) of the total number of days worked by the Class as a whole, Settling Defendants, each at its own discretion, shall have the right to terminate this Agreement.
Termination if Opt Out Limit Is Exceeded. If 5% or more of the Settlement Class 2 Members opt out of the Settlement Class, Defendant shall have the right to terminate this 3 Agreement as set forth in Section 8.4.
Termination if Opt Out Limit Is Exceeded. If the number of workweeks worked by Class Members who timely submit valid Elections Not to Participate in Settlement exceeds ten percent (10%) of the total number of workweeks worked by the Class as a whole, Defendant, at its sole discretion, shall have the right to terminate this Agreement.
