TERMINATION OF THE SETTLEMENT. 94. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. The Court refuses to grant preliminary approval of this Agreement in any material respect; b. The Court refuses to grant final approval of this Agreement in any material respect; c. The Court refuses to enter a final judgment in this Litigation in any material respect; or d. The Court’s order granting preliminary or final approval is substantially modified or reversed. e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties. 95. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9489. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing;
b. The Court refuses to grant preliminary approval Preliminary Approval of this Agreement in any material respectAgreement;
b. c. The Court refuses to grant final approval of this Agreement in any material respect;
c. d. The Court refuses to enter a final judgment in this Litigation in any material respect; or
d. e. The Court’s order granting preliminary or final approval is substantially modified or reversed.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9590. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9485. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing;
b. The Court refuses to grant preliminary approval Preliminary Approval of this Agreement in any material respectAgreement;
b. c. The Court refuses to grant final approval of this Agreement in any material respect;
c. d. The Court refuses to enter a final judgment in this Litigation in any material respect; or
d. e. The Court’s order granting preliminary or final approval is substantially modified or reversed.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9586. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 94. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing;
b. The Court refuses to grant preliminary approval Preliminary Approval of this Agreement in any material respect;
b. c. The Court refuses to grant final approval of this Agreement in any material respect;
c. d. The Court refuses to enter a final judgment in this Litigation in any material respect; or
d. e. The Court’s order granting preliminary or final approval is substantially modified or reversed.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
95. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings Litigation will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9467. The Settlement is conditioned upon preliminary Preliminary Approval and final approval Final Approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments amendments, or modifications are agreed to in writing between the Parties). All Exhibits exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) 10 business days of any of the following events:
a. The Court refuses to grant preliminary approval of this This Settlement Agreement is changed in any material respectrespect to which the Parties have not agreed in writing;
b. The Court refuses to grant final approval Preliminary Approval of this Agreement even after the renegotiation process described in any material respectParagraph 47(c) of this Agreement;
c. The Court refuses to enter a final judgment in grant Final Approval of this Litigation Agreement in any material respect; or
d. The Court’s order granting preliminary or final approval is substantially modified or reversedCourt refuses to enter a Final judgment in this Action in any material respect.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9568. In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with the provisions hereinthis Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.Action. FILED DATE: 11/23/2021 12:32 PM 2020CH00473
Appears in 1 contract
Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9466. The Settlement is conditioned upon preliminary Preliminary Approval and final approval Final Approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments amendments, or modifications are agreed to in writing between the Parties). All Exhibits exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. The Court refuses to grant preliminary approval of this This Settlement Agreement is changed in any material respectrespect to which the Parties have not agreed in writing;
b. The Court refuses to grant final approval Preliminary Approval of this Agreement even after the renegotiation process described in any material respectParagraph 47(c) of this Agreement;
c. The Court refuses to enter a final judgment in grant Final Approval of this Litigation Agreement in any material respect; or
d. The Court’s order granting preliminary or final approval is substantially modified or reversedCourt refuses to enter a Final judgment in this Action in any material respect.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9567. In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with the provisions hereinthis Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the LitigationAction.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 94. 12.1 The Settlement is conditioned upon preliminary Preliminary and final approval Final Approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments amendments, or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. The Court refuses to grant preliminary approval of this This Settlement Agreement is changed in any material respectrespect to which the Parties have not agreed in writing;
b. The Court refuses to grant final approval Preliminary Approval of this Agreement even after the renegotiation process described in any material respectParagraph 46(c) of this Agreement;
c. The Court refuses to enter a final judgment in grant Final Approval of this Litigation Agreement in any material respect; or
d. The Court’s order granting preliminary or final approval is substantially modified or reversedCourt refuses to enter a Final judgment in this Action in any material respect.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
95. 12.2 In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with the provisions hereinthis Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the LitigationAction.
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Samples: Class Action Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9468. The Settlement is conditioned upon preliminary Preliminary Approval and final approval Final Approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments amendments, or modifications are agreed to in writing between the Parties). All Exhibits exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. The Court refuses to grant preliminary approval of this This Settlement Agreement is changed in any material respectrespect to which the Parties have not agreed in writing;
b. The Court refuses to grant final approval Preliminary Approval of this Agreement even after the renegotiation process described in any material respectParagraph 49(c) of this Agreement;
c. The Court refuses to enter a final judgment in grant Final Approval of this Litigation Agreement in any material respect; or
d. The Court’s order granting preliminary or final approval is substantially modified or reversedCourt refuses to enter a Final judgment in this Action in any material respect.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9569. In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with the provisions hereinthis Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the LitigationAction.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9498. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing;
b. The Court refuses to grant preliminary approval Preliminary Approval of this Agreement in any material respectAgreement;
b. c. The Court refuses to grant final approval of this Agreement in any material respect;
c. d. The Court refuses to enter a final judgment in this Litigation in any material respect; or
d. e. The Court’s order granting preliminary or final approval is substantially modified or reversed.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9599. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
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Samples: Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9474. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either Any Party may elect to terminate and cancel this Settlement Agreement within ten (10) calendar days of any of the following events:
a. The Court refuses to grant preliminary approval of this This Settlement Agreement is changed in any material respectrespect to which the Parties have not agreed in writing;
b. The Court refuses to grant final approval Preliminary Approval of this Settlement Agreement even after the renegotiation process described in Paragraph 42 of this Agreement;
c. The Court refuses to grant Final Approval of this Settlement Agreement in any material respect;
c. d. The Court refuses to enter a final judgment Final Judgment in this Litigation Action in any material respect; or
d. The Court’s order granting preliminary or final approval is substantially modified or reversede. any other ground for termination provided for elsewhere in this Agreement.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9575. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions hereinthis Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the LitigationAction. In the event of a termination as provided in Paragraph 74 hereof, the Party electing to terminate the Settlement Agreement shall be responsible for any invoices or other fees or expenses mentioned in this Agreement that have been incurred and are due to be paid from the Settlement Fund to the Settlement Administrator.
Appears in 1 contract
Samples: Class Action Settlement Agreement
TERMINATION OF THE SETTLEMENT. 9481. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events:
a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing;
b. The Court refuses to grant preliminary approval Preliminary Approval of this Agreement in any material respectAgreement;
b. c. The Court refuses to grant final approval of this Agreement in any material respect;
c. d. The Court refuses to enter a final judgment in this Litigation in any material respect; or
d. e. The Court’s order granting preliminary or final approval is substantially modified or reversed.
e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties.
9582. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with the provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Litigation.
Appears in 1 contract
Samples: Settlement Agreement