Termination of Settlement Agreement. 9.1 The Parties expressly reserve all their respective rights and any Party may terminate this Settlement Agreement in the event that:
(a) the B.C. Court declines to certify the B.C. Action for the purposes of settlement;
(b) the B.C. Court declines to approve this Settlement Agreement or any material part thereof or approves this Settlement Agreement in a materially modified form;
(c) the B.C. Court issues an order approving the settlement that is not substantially in the form attached to this Settlement Agreement as Schedule D; or
(d) the Settlement Approval Order does not become a final order.
9.2 If the Quebec Court declines to make the order under section 4.3(a), then approval of this Settlement Agreement will be sought in the Quebec Court on behalf of the Quebec Class, on the same terms and with the same requirements as are otherwise applicable for the approval process before the B.C. Court for the Class, with whatever necessary procedural modifications are required in Quebec. If the Quebec Court declines to make the order under section 4.3(a), that shall not constitute an event of termination under this Settlement Agreement. If the Quebec Court decides to make orders equivalent to those as referred to in section 9.1, then the Parties expressly reserve all their respective rights and any Party may terminate this Settlement Agreement.
9.3 Any order, ruling or determination with respect to Class Counsel Fees, Honourarium or the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not constitute any basis for the termination of this Settlement Agreement.
9.4 If material parts of the Settlement Agreement are not approved, or if approval of any material portion or provision of the Settlement Agreement is reversed or altered on appeal, or if terminated in accordance with section 9.1, then:
(a) this Settlement Agreement shall become null and void and shall have no further force or effect except as provided for in section 9.5 (Survival of Provisions after Termination);
(b) the Parties shall be restored to their respective positions in the Proceedings immediately prior to reaching the settlement;
(c) any order by the B.C. Court certifying the B.C. Action for the purposes of settlement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and shall be without prejudice to any position of any of the Parties on any issue in the P...
Termination of Settlement Agreement. Upon expiration of the SUA, or upon withdrawal from this Settlement Agreement by the PUD, or upon a denial of 401 Certification as set forth in Section 7.4.3.1, this Settlement Agreement shall terminate as to all Parties and have no force or effect, except that all Parties shall continue to be bound by Sections 5.2 and 11.1, which shall survive termination. The withdrawal of any Party other than the PUD does not automatically terminate this Settlement Agreement for the remaining Parties. However, the remaining Parties will meet within 20 days, or as otherwise agreed, to discuss the effect of the withdrawal and whether they will continue to operate under the Agreement. A withdrawing Party shall not be bound by any term contained in this Settlement Agreement, except Sections 5.2 and 11.1.
Termination of Settlement Agreement. In the event that the Court or any appellate or other court enters an order altering this Settlement Agreement in a way that either Party believes, in its sole discretion, materially and adversely affects its interests, the affected Party may, within ten (10) days from the entry of such order, void this Settlement Agreement on such grounds.
Termination of Settlement Agreement. 9 - ARTICLE IX EFFECT OF SETTLEMENT . - 15 - ARTICLE XI NOTICE TO SETTLEMENT CLASSES ....................................................... - 16 - RECITALS CANADIAN LAWN MOWER CLASS ACTION NATIONAL SETTLEMENT AGREEMENT
Termination of Settlement Agreement. 9 - ARTICLE X NOTICE TO SETTLEMENT CLASSES ....................................................... - 16 - RECITALS CANADIAN LAWN MOWER CLASS ACTION NATIONAL SETTLEMENT AGREEMENT
Termination of Settlement Agreement. If Qualifying Conditions have occurred and a timely notice thereof has been given pursuant to section 14.2, this Settlement Agreement will terminate as of the commencement of the Rate Period for which the applicable Material Cost Change has occurred unless the issue of the existence of such Qualifying Conditions is arbitrated pursuant to section 14.3, in which case this Settlement Agreement will terminate retroactively as of the commencement of the Rate Period for which the applicable Material Cost Change has occurred if it is determined through such arbitration that the Qualifying Conditions for which the notice was given have occurred. During the pendency of any such arbitration, the Parties will continue performance of this Settlement Agreement until any such arbitration is concluded.
(i) Upon any termination of this Settlement Agreement pursuant to this section 14.4, then concurrently with such termination, (a) the term “Payment Period” will be deemed to mean, from and after the Effective Date, “the period beginning on October 1, 2011, and continuing until the time as of which this Settlement Agreement is terminated pursuant to section 14.4”; and (b) the term “Settlement Period” will be deemed to mean, from and after the Effective Date, “the period beginning on October 1, 2001, and continuing until the time as of which this Settlement Agreement is terminated pursuant to section 14.4.”
(ii) If this Settlement Agreement terminates retroactively pursuant to this section 14.4, a true-up will be performed for the period beginning with commencement of the Rate Period for which the applicable Material Cost Change has occurred and continuing until the conclusion of such arbitration. Pursuant to such true-up
(a) each IOU will be entitled, for the period beginning with commencement of the Rate Period for which the applicable Material Cost Change has occurred and continuing until the conclusion of such arbitration, to benefits, if any, under section 5(c) of the Act (as then in effect) as though (1) this Settlement Agreement had been terminated as of such commencement and (2) such IOU had entered into a RPSA with BPA for the period beginning with commencement of the Rate Period for which the applicable Material Cost Change has occurred and continuing until the conclusion of such arbitration; and
(b) any recovery of underpayments or overpayments of benefits under section 5(c) of the Act (as then in effect) as compared to the REP Settlement Benefits received by such...
Termination of Settlement Agreement. This Settlement Agreement shall terminate as to all Parties and have no further force or effect upon withdrawal of the Licensee, or upon expiration of the New License and any Annual License issued thereafter
Termination of Settlement Agreement. 90. This Settlement may be terminated by either Class Counsel or Amegy by serving on counsel for the opposing Party and filing with the Court a written notice of termination within twenty-eight (28) days after any of the following occurrences:
a. the Court fails to preliminarily approve the Settlement within one-hundred and eighty (180) days after filing of the motion for preliminary approval, or fails to finally approve the Settlement within three-hundred and sixty (360) days of Preliminary Approval by the Court;
b. the Court rejects, materially modifies, materially amends or changes, or declines to preliminarily or finally approve the Settlement;
c. an appellate court reverses the Final Approval Order, and the Settlement is not reinstated without material change by the Court on remand;
d. any court incorporates into, or deletes or strikes from, or modifies, amends, or changes, the Preliminary Approval Order, Final Approval Order, or the Settlement in a way that Class Counsel, Plaintiff, the Settlement Class, Amegy or Bancorp reasonably believe to be material to their detriment; or
e. any other ground for termination provided for elsewhere in this Agreement.
91. Amegy shall also have the right to terminate the Settlement by serving on Class Counsel and filing with the Court a notice of termination within fourteen (14) days of its receipt from the Settlement Administrator of the final report after the opt-out period, if the number of Settlement Class Members who timely request exclusion from the Settlement Class equals or exceeds 5% of the potential Settlement Class.
92. In the event of a termination of the Settlement, the Parties retain all of their pre- Settlement litigation rights and defenses, including Plaintiff’s right to seek class certification and Bancorp and Amegy’s rights to oppose class certification.
Termination of Settlement Agreement. TLI and Company hereby terminate the Settlement Agreement in its entirety, and no provisions thereof shall survive the termination.
Termination of Settlement Agreement. 11.1 In addition to any other ground for termination provided for elsewhere in this Agreement, in the event that the Court or any appellate or other court enters an order altering this Settlement Agreement in a way that either Party believes, in its sole discretion, materially and adversely affects its interests, the affected Party may, within fourteen (14) days from the entry of such order, void this Settlement Agreement on such grounds. No such termination right will exist after the Effective Date.
11.2 The terminating Party shall provide written notice of its decision to terminate to the other Party.
