Common use of Termination of Settlement Clause in Contracts

Termination of Settlement. 80. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 81. The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreement. 82. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, shall also have the option to terminate this Agreement if 5% or more of the total Settlement Class members opt-out of the Settlement. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 83. In the event this Agreement is terminated or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8083. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V VIII, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8184. The Settlement If all of the conditions specified in Paragraph 83 are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8285. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if five percent (5% %) or more of the total Settlement Class members opt-out of the Settlementopt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XII within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8386. In the event this Agreement is terminated terminated, or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event: (a) all amounts deposited into the Settlement Fund will be returned to Defendant, with the exception of the Settlement Administrator’s costs; (b) the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, ; and (c) and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8082. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V VIII, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8183. The Settlement If all of the conditions specified in Paragraph 82 are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8284. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if five percent (5% %) or more of the total Settlement Class members opt-out of the Settlementopt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XII within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8385. In the event this Agreement is terminated terminated, or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8085. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V VII above; b. The Court has entered the Final Approval Order as required by Section V X, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8186. The Settlement If all of the conditions specified in paragraph 85 are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8287. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if 5% or more of the total Settlement Class members Members opt-out of the Settlementout. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XIV within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8388. In the event this Agreement is terminated or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 80. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 81. The Settlement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreement. 82. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, shall also have the option to terminate this Agreement if 5% or more of the total Settlement Class members opt-out of the Settlement. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 83. In the event this Settlement Agreement is rescinded or terminated or fails pursuant to become effectivethis Section II(E)(7), then then: (i) within fifteen (15) business days, the Settlement Fund (including accrued interest), less any necessary taxes and tax-related expenses, and less expenses and costs that have been disbursed pursuant to Section II(C)(2), shall be refunded by the Escrow Agent to Supervalu pursuant to written instructions from Supervalu’s Counsel to Co-Lead Counsel; (ii) the Parties shall be restored to their respective positions in this case as they existed the Action as of the date hereof, and without waiver of any positions asserted in the execution of Action as the date hereof, which shall then resume proceedings in the District Court, that Court having retained jurisdiction over the Settlement and related matters and, except as otherwise expressly provided in this Settlement Agreement, the Parties shall proceed in all respects as if this Settlement Agreement had not been executed. In such event, the terms and provisions of this Class Settlement Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding the Action for any other proceeding or for any purpose, and the Parties will jointly make an application requesting that any order Judgment entered by this the Court in accordance with the terms of this Class Settlement Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8069. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V VIII, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8170. The Settlement If all of the conditions specified in Paragraph 71 are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8271. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if five percent (5% %) or more of the total Settlement Class members opt-out of the Settlementopt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XII within 10 ten (10) business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8372. In the event this Agreement is terminated terminated, or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event: (a) all amounts deposited into the Settlement Fund will be returned to Defendant, with the exception of the Settlement Administrator’s costs; (b) the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, ; and (c) and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8093. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V VIII, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8194. The Settlement If all of the conditions specified in the immediately preceding paragraph are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8295. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if 5% or more of the total Settlement Class members opt-out of the Settlementout. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XIII within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8396. In the event this Agreement is terminated or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 80. This Agreement shall be subject 6.1 Subject to and is expressly conditioned on Section 9 below, in the occurrence of all event that the Court makes any material modification to the terms of the following events: a. Settlement, including, but not limited to any modification which operates to change the scope of the Settlement Class or to require Defendant to pay any amounts in excess of the Settlement Fund (and with the exception of any modification to the terms, timing or proposed amount of any Fee Award or Incentive Award), at the sole discretion of the adversely affected party, the terms contained in this Agreement, the Class Action Settlement Term Sheet, and any other settlement documents may be terminated. The Court has entered Party or Parties with the right to terminate this Agreement may do so by providing written notice of the election to do so (“Termination Notice”) to all other Parties hereto within ten (10) days of any event triggering the right to terminate (as described above), including: (i) the Court’s refusal to enter a Preliminary Approval Order, as required by Section V above;Order of this Agreement in any material respect; (ii) the Court’s refusal to enter Final Approval Order of this Agreement in any material respect; (iii) the Court’s refusal to enter the b. The Court has entered 6.2 If prior to the Final Approval Order as required by Section V aboveHearing, and all objections, if any, to such Order are overruled, and all appeals taken Persons who otherwise would be members of the Settlement Class have timely requested exclusion from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 81. The the Settlement shall become effective on the Effective Date unless earlier terminated Class in accordance with the provisions of this Agreement. 82. In addition to other rights to termination set forth , the Preliminary Approval Order and the Notice given pursuant thereto, and such Persons in this Agreementthe aggregate constitute more than ten percent (10%) of the Settlement Class, DefendantDefendant shall have, in its sole and absolute discretion, shall also have the option to terminate this Agreement if 5% or more of the total Settlement Class members opt-out of the Settlement. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this by giving notice as set forth in paragraph within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 83. In the event this Agreement is terminated or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement6.1. In such eventcircumstance, the terms and provisions of this Agreement Defendant shall have no further force and effect with respect to obligation under the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tuncSettlement Agreement. 84. In the event of a termination, (i) this Agreement shall be considered null and void;

Termination of Settlement. 8085. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: a. The Court has entered the Preliminary Approval Order, as required by Section V above; b. The Court has entered the Final Approval Order as required by Section V VIII, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and c. The Effective Date has occurred. 8186. The Settlement If all of the conditions specified in Paragraph 85 are not met, then this Agreement shall become effective on the Effective Date unless earlier terminated in accordance with the provisions of this Agreementbe cancelled and terminated. 8287. In addition to other rights to termination set forth in this Agreement, Defendant, in its sole and absolute discretion, Defendant shall also have the option to terminate this Agreement if 5% or more of the total Settlement members of the Sufficient Funds Fee Class members and Retry Fee Class opt-out of the Settlementout. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this paragraph Section XII within 10 business days after the end of the Opt-Out Period, or the option to terminate shall be considered waived. 8388. In the event this Agreement is terminated or fails to become effective, then the Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. 84. In the event of a termination, (i) this Agreement shall be considered null and void;