Termination of the Settlement Agreement. If the Court does not approve any material condition of this Settlement Agreement that effects a fundamental change to the terms of this Settlement hereunder, including but not limited to, the Settlement Sum, the programmatic relief, payments for Plaintiffs’ attorneys’ fees in excess of thirty percent (30%) plus costs, or the scope of the releases in Section V of this Settlement Agreement, Defendants may treat the entire Settlement Agreement as void and unenforceable. The application for attorneys’ fees, costs and expenses, as set forth in Section XII, is a matter separate and apart from the Settlement Agreement among the parties, and no decision by the Court concerning the granting, in whole or in part, of such attorneys’ fees, costs or expenses as set forth herein shall affect the validity of this Settlement Agreement or finality of the Settlement Agreement in any manner.
Termination of the Settlement Agreement. The Parties anticipate that the City and SPD will have reached full and effective
Termination of the Settlement Agreement. This Settlement Agreement terminates on December 31, 2022 unless extended pursuant to section VI.E.
Termination of the Settlement Agreement. A. This Settlement Agreement shall terminate:
(1) upon 7 consecutive months of OED’s substantial compliance with its terms or upon 10 non-consecutive months of substantial compliance (without application of Section IV), or upon 18 months following the Effective Date, whichever occurs first; or
(2) upon mutual written agreement by the parties.
(3) If OED has not achieved substantial compliance with the Settlement Agreement for 7 consecutive months or 10 non- consecutive months within 18 months following the Effective Date or in the event that Section IV.C-H has been applied for more than 9 months, Oregon Law Center may seek an appropriate extension of this agreement (of no more than an additional 6 months) from the court after following the notice and conferral provisions in Section IX. For any such extension, the parties agree to provide notice to then-existing class members in the same manner notice is provided to obtain approval of this agreement pursuant to Section VIII.
B. Upon termination of this Settlement Agreement, the parties agree to file a joint notice with the court effecting termination.
Termination of the Settlement Agreement. 11.1. This Settlement Agreement shall be terminated at any time by agreement of all the Parties except that FWS may terminate its own involvement in this agreement by providing written notice to all other parties.
Appendix 1. Union Street, Sabin, Boardman, and Xxxxx Bridge Dam Locations. Source: Michigan Department of Natural Resources, unpublished data. N Xxxxxxxx Lake Dam (Union Street) # Traverse City Xxxxx Bridge Sabin Pond Dam Pond Dam Xxxxxxxx Pond Dam # # # Legend Streams Lakes Roads 2 Miles Appendix 2. Michigan Dam Safety Act MCL 324.31501. (Will be attached to the final draft that will be sent to FERC).
Termination of the Settlement Agreement. (a) The Settlement Class Representative, on behalf of the Settlement Class Members, and Defendant, shall have the right to terminate this Settlement Agreement by providing written notice of the election to do so to Settlement Class Counsel and to counsel for the opposing Party within ten (10) days of any of the following events: (a preliminary approval of this Settlement in any material respect even after the renegotiation process described below; (b even after the renegotiation process described below; (c) the date upon which the final judgment is modified or reversed in any material respect by an appellate court; (d) the date upon which an Alternative Judgment, as defined below, is modified or reversed in any material respect by an appellate court.
(b) Should the Court decline to preliminarily or finally approve any aspect of the Settlement Agreement, the Parties will attempt to renegotiate those aspects of the Settlement Agreement in good faith, with the mutual goal of attempting to reach an agreement as close to this Settlement Agreement as possible, and will then submit the renegotiated settlement agreement to the Court for approval. If and only if the Parties are unable to obtain preliminary or final approval (as applicable) of a settlement agreement after submitting at least two renegotiated settlements to the Court, the Settlement Agreement will be null and void, and the Parties will have no further obligations under it, and the Parties will revert to their prior positions in the Action as if the Settlement had not occurred.
Termination of the Settlement Agreement. 73. Subject to Paragraph 77 below, the Class Representatives, on behalf of the Settlement Class, or Defendant, shall have the right to terminate this Agreement by providing written notice of the election to do so to Class Counsel or Defendant’s Counsel within ten (10) days of any of the following events: (i) the Court’s refusal to enter the Preliminary Approval Order approving of this Agreement in any material respect; (ii) the Court’s refusal to enter the Final Approval Order in this Action in any material respect; (iii) the Court’s refusal to enter a final judgment in this Action in any material respect; (iv) the date upon which the Final Approval Order is modified or reversed in any material respect by the Court of Appeals or the Supreme Court; or
Termination of the Settlement Agreement. 1. This Settlement Agreement shall terminate without further action of the Parties if (a) the Court does not enter preliminary approval of the settlement as to both Settlement Classes; (b) the Court does not enter final approval of the settlement as to both of the Settlement Classes; or
Termination of the Settlement Agreement. In the event that the Settlement Agreement is voided, terminated or cancelled, or fails to become effective for any reason whatsoever, then within 10 days after written notice is sent by Plaintiffs’ Settlement Counsel or by counsel for Defendant Xcel Energy, Inc. to the Escrow Agent and all other parties, the Settlement Fund shall be refunded to the persons who made payments into such funds, plus all interest earned thereon, less: (1) reasonable Escrow Agent fees and expenses as described in Paragraph IV(A) above; (2) any amounts actually disbursed, billed or incurred for tax liabilities on the Settlement Fund or expenses incurred in preparation of necessary forms and reports with respect thereto, if any; and (3) expenditures actually disbursed, billed or incurred for administration as set forth in the Settlement Agreement.
Termination of the Settlement Agreement the Conforming Plan and Disclosure Statement shall not have been filed with the Bankruptcy Court on or prior to June 8, 2012;
