Common use of TERMINATION OF THE SETTLEMENT Clause in Contracts

TERMINATION OF THE SETTLEMENT. 7.1. This Settlement is contingent on Court approval. If the Court fails to grant Final Approval of the Settlement in any material respect, the Settlement will be subject to termination by any Party. Notwithstanding this paragraph, the Court’s order as to the Attorneys’ Xxxx and Costs 7.2. Except as otherwise provided herein, in the event the Settlement is terminated in accordance herewith, is vacated, is not approved, or the Effective Date fails to occur for any reason, then the Parties to this Settlement Agreement shall be deemed to have reverted to their respective status in the Action prior to entering into this Agreement. BANA retains all rights regarding any defenses on the statute of limitations that it had as of April 4, 2024. Further, the Parties agree that BANA reserves and preserves all of its defenses and claims related to the Action, and that the Parties shall thereafter work together to arrive at a mutually agreeable schedule for resuming the Action. 7.3. Except as otherwise expressly provided herein, in the event the Agreement is terminated in accordance herewith, is vacated, nor approved, or the Effective Date fails to occur for any reason, the Parties shall proceed in all respects as if this Agreement and any related orders had not been entered, and any portion of the Settlement Fund previously paid by or on behalf of BANA, together with any interest earned thereon (and, if applicable, re-payment of any Attorneys’ Fees and Costs Award, if any, with respect to such funds) shall be returned to BANA within ten

TERMINATION OF THE SETTLEMENT. 7.18.1. This Settlement is contingent on upon Court approval. If the Court fails to grant Final Approval of the Settlement in any material respect, the Settlement will be subject to termination by any either Party. Notwithstanding this paragraph, the Court’s order determination as to the Attorneys’ Xxxx motion for Fee and CostsCost Award and Service Award and/or any plan of distribution, or any determination on 7.28.2. If this Settlement is terminated, then the Settlement and the relevant portions of this Agreement shall be canceled and terminated without prejudice, and this Agreement shall be null and void and shall have no further force or effect. 8.3. Except as otherwise provided herein, in the event the Settlement Agreement is terminated in accordance herewith, is vacated, is not approved, or the Effective Date fails to occur for any reason, then the Parties to this Settlement Agreement shall be deemed to have reverted to their respective status in the Action prior to entering into this Agreementthe Settlement. BANA retains all rights regarding any defenses on the statute of limitations that it had as of April 4In such circumstances, 2024. Further, the Parties agree that BANA reserves and preserves all of its defenses and claims related to the Action, and that the Parties shall thereafter work together to arrive at a mutually agreeable schedule for resuming the Action. 7.38.4. Except as otherwise expressly provided herein, in the event the Agreement is terminated in accordance herewith, is vacated, nor not approved, or the Effective Date fails to occur for any reason, the Parties shall proceed in all respects as if this Settlement Agreement and any related orders had not been entered, and any portion of the Settlement Fund Amount previously paid by or on behalf of BANAPopular Bank, together with any interest earned thereon (and, if applicable, re-payment of any Attorneys’ Fees Fee and Costs Cost Award, if any, with respect to such fundsor Service Award) shall be returned to BANA Popular Bank within ten10 days from the date of the event causing such termination. However, Popular Bank agrees to cover any Settlement Administration Costs incurred or charged by the Settlement Administrator prior to the termination of this Agreement. 8.5. No Party hereto or its counsel shall directly or indirectly solicit or encourage any Person to opt-out from the Settlement Class.

TERMINATION OF THE SETTLEMENT. 7.171. 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 contingent on changed in any material respect to which the Parties have not agreed in writing; b. The Court approval. If the Court fails refuses to grant Final Approval preliminary approval of the Settlement this Agreement in any material respect; c. The Court refuses to grant final approval of this Agreement in any material respect; d. The Court refuses to enter a final judgment in Xxxxxxx x. Farm Xxxx Supply, the Settlement will be subject to termination by LLC, Case no. 2022-LA-00002 in any Party. Notwithstanding this paragraph, the material respect; or e. The Court’s order as to the Attorneys’ Xxxx and Costsgranting preliminary or final approval is substantially modified or reversed. 7.272. Except as otherwise provided herein, in In the event the Settlement Agreement is not approved or does not become final, or is terminated in accordance herewithconsistent with the provisions herein, is vacatedthe Parties, is not approvedpleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or the Effective Date fails to occur for any reasonentered into, then and the Parties will negotiate in good faith to this Settlement Agreement shall be deemed to have reverted to their respective status in establish a new schedule for the Action prior to entering into this Agreement. BANA retains all rights regarding any defenses on the statute of limitations that it had as of April 4, 2024. Further, the Parties agree that BANA reserves and preserves all of its defenses and claims related to the ActionLitigation, and that the Parties shall thereafter work together to arrive at a mutually agreeable schedule for resuming the Action. 7.3. Except as otherwise expressly provided herein, in the event the Agreement is terminated in accordance herewith, is vacated, nor approved, or the Effective Date fails to occur for any reason, the Parties shall proceed in all respects as if this Agreement and any related orders had not been entered, and any portion of the Settlement Fund previously paid by or on behalf of BANAFund, together less any Administrative Expenses incurred to date, shall remain with any interest earned thereon (and, if applicable, re-payment of any Attorneys’ Fees Defendant and Costs Award, if any, with respect to such funds) shall be returned to BANA within tenits insurers.