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. 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. 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. 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. (Year 6, Month 12)
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. (a) Upon the later to occur --------------------------------------- of (i) the distribution of the cash to the Former Warrantholders as contemplated by Section 8 hereof, after approval by the Court, and (ii) the selection and taking of office of the Successor General Partner of the Partnership on the terms and conditions set forth in this Agreement, the Settlement Agreement and the Settlement Plan thereunder shall terminate.
(b) The Partnership shall enter into separate, but identical, indemnification agreements with each member of the Committee ("Indemnification Agreements"). The Indemnification Agreements shall be drafted to be as favorable as possible to the members of the Committee and shall indemnify the members of the Committee, the Committee's agents and attorneys. The Indemnification Agreements shall contain terms similar but not limited to those contained in Section 21 of the Partnership Agreement, including, but not limited to, the fullest indemnity possible and the advancement of expenses.
(c) Pursuant to separate but identical releases, Syntek, the ART Group, the Partnership, Xxxx Xxxxxxxx and Xxxx Xxxxxxxx shall release the members of the Committee from any claims known or unknown, effective the date of the termination of the Settlement Agreement.
Termination of the Settlement Agreement. (a) Upon the later to occur of (i) the organization of the Class Entity and the transfers to the Class Entity as contemplated by Sections 8 and 9 hereof, after approval by the Court, and (ii) the selection and taking of office of the successor general partner of the Partnership on the terms and conditions set forth in this Agreement, the Settlement Agreement and the Settlement Plan thereunder shall terminate.
(b) Article 21 of the Partnership Agreement of the Partnership provides for indemnification by the Partnership of each "Indemnitee," as defined in the Partnership Agreement. Effective the date of termination of the Settlement Agreement hereunder, the Partnership agrees to indemnify the members of the Oversight Committee, and each of them, and the Committee's agents, advisors, attorneys, and affiliates (collectively, "Indemnified Persons"), in the same manner and to the full extent that each "Indemnitee" is indemnified pursuant to the provisions of Article 21 of the Partnership Agreement of the Partnership, in connection with the Indemnified Person's participation in the activities of the Oversight Committee under the Settlement Agreement.
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
