Common use of TERMINATION OF THE SETTLEMENT Clause in Contracts

TERMINATION OF THE SETTLEMENT. 64. 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, this Settlement Agreement shall be terminated and cancelled within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by the Parties in writing). b. The Court refuses to grant Preliminary Approval of this Agreement in any material respect; c. The Court refuses to grant final approval of this Agreement in any material respect; or d. The Court refuses to enter a final judgment in this Litigation in any material respect. 65. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendant, if more than 10% of the Settlement Class Members timely and validly exclude themselves from the Settlement. 66. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.

TERMINATION OF THE SETTLEMENT. 64. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof, 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); provided that the parties shall use best efforts and in good faith attempt to comply with any amendments suggested by the Court in order to obtain final approval, utilizing the mediator Xxxxxx X. Xxxxxxxxx, if necessary. All Exhibits exhibits attached hereto to the Declaration of X.X. Xxx are incorporated into this Settlement Agreement. Accordingly, this Settlement Agreement shall be terminated and cancelled within ten sixty (1060) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by the Parties in writing). b. A) The Court refuses to grant Preliminary Approval of this Agreement in any material respectAgreement; c. (B) The Court refuses to grant final approval of this Agreement in any material respect; or; d. (C) The Court refuses to enter a final judgment in this Litigation in any material respect. 65. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendant, Defendant if more than 10% fifteen percent (15%) of the Settlement Class Members timely and validly exclude themselves from the Settlement. 66. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.

TERMINATION OF THE SETTLEMENT. 6463. 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, this Settlement Agreement shall be terminated and cancelled within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by the Parties in writing). b. The Court refuses to grant Preliminary Approval of this Agreement in any material respect; c. The Court refuses to grant final approval of this Agreement in any material respect; or d. The Court refuses to enter a final judgment in this Litigation in any material respect. 6564. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendant, if more than 10% of the Settlement Class Members timely and validly exclude themselves from the Settlement. 6665. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.

TERMINATION OF THE SETTLEMENT. 6480. 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 shall be terminated and cancelled within ten (10) 10 days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by 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; c. The Court refuses to grant final approval of this Agreement in any material respect; or; d. The Court refuses to enter a final judgment in this Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6581. The In addition, Defendant may elect to terminate and cancel this Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendant, if more than 10% of the Settlement Class Members timely and validly exclude themselves from the Settlement. 6682. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ex 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, and the Settlement Fund, less any Administrative Expenses incurred to date, shall remain with Defendant.

TERMINATION OF THE SETTLEMENT. 6476. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof, 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, this Settlement Agreement shall be terminated and cancelled canceled within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by which the Parties have not agreed in writing).; b. The Court refuses to grant Preliminary Approval of this Agreement in any material respectAgreement; c. The Court refuses to grant final approval of this Agreement in any material respect; or d. The Court refuses to enter a final judgment in this Litigation in any material respect. 6577. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendant, Defendant if more than 10% of the Settlement Class Members timely and validly exclude themselves from the Settlement. 6678. In the event the Settlement Agreement is not approved or does not become final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.

TERMINATION OF THE SETTLEMENT. 6470. The Settlement settlement is conditioned upon preliminary and final Final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof, 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 shall be terminated and cancelled within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by which the Parties have not agreed in writing).; b. The Court refuses to grant Preliminary Approval of this Agreement in any material respectAgreement; c. The Court refuses to grant final Final approval of this Agreement in any material respect; or d. The Court refuses to enter a final judgment the Final Approval Order in this Litigation in any material respect. 6571. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of DefendantDefendants, if ten percent (10%) or more than 10% of the Settlement Class Members timely and validly exclude themselves from the SettlementSettlement Class. 6672. In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.

TERMINATION OF THE SETTLEMENT. 6471. The Settlement settlement is conditioned upon preliminary and final Final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof, 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 shall be terminated and cancelled within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect (except where otherwise agreed to by which the Parties have not agreed in writing).; b. The Court refuses to grant Preliminary Approval of this Agreement in any material respectAgreement; c. The Court refuses to grant final approval of this Agreement in any material respect; or d. The Court refuses to enter a final judgment the Final Approval Order in this Litigation in any material respect. 6572. The Settlement Agreement may be terminated and cancelled, at the sole and exclusive discretion of Defendantthe Facility Defendants, if more than 10% or more of the Settlement Class Members timely and validly exclude themselves from the SettlementSettlement Class. 6673. In the event the Settlement Agreement is not approved or does not become finalFinal, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ex 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.