Common use of TERMINATION OF THIS SETTLEMENT AGREEMENT Clause in Contracts

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 Each Party shall have the right to terminate this Settlement Agreement if: (a) The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar in form and substance to Exhibit D attached hereto); (b) The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or (c) The Final Order and Judgment does not become Final because a higher court reverses final approval by the Court. 12.2 If a Party elects to terminate this Settlement Agreement under this Section 12, that Party must provide written notice to the other Party's counsel, by hand delivery, mail, or email within ten (10) Days of the occurrence of the condition permitting termination. 12.3 Nothing shall prevent Plaintiffs or ACTS from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement and all orders entered in connection therewith shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by the Court; and (v) ACTS shall have no payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement, other than as stated in Sub-Part (iii) above.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 Each Party shall have the right to terminate this Settlement Agreement if: (a) The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar in form and substance to Exhibit D attached hereto); (b) The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or (c) The Final Order and Judgment does do not become Final because a higher court reverses final approval by the Court. 12.2 In the event that more than 2 percent of the Settlement Class has opted out, U-Haul may, by notifying Class Counsel, in writing, void this Settlement Agreement within five (5) business days from the date the Settlement Administrator provides U-Haul with written notice of the final number of opt-outs. If U-Haul voids the Settlement Agreement pursuant to this paragraph, U-Haul shall be obligated to pay all Settlement Administration expenses incurred, excluding any attorneys’ fees and expenses of Class Counsel and any Service Awards, and U-Haul shall not seek recovery of the same from any other party to the Lawsuit or from Counsel to any other party to the Lawsuit. 12.3 If a Party elects to terminate this Settlement Agreement under this Section 12, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email within ten (10) Days of the occurrence of the condition permitting termination. The party who elects to terminate this Settlement Agreement shall be exclusively responsible for its own attorney’s fees and costs incurred related to the negotiation and preparation of this Settlement Agreement, and payment of the Settlement Administrator’s costs/fees incurred up to the point of termination. 12.3 12.4 Nothing shall prevent Plaintiffs or ACTS U-Haul from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 12.5 If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement and all orders entered in connection therewith shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS U-Haul shall be responsible for all Notice and Claims Settlement Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by the Court; and (v) ACTS U- Haul shall have no payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement, other than as stated in Sub-Part (iii) above.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 77. Each Party shall have the right to terminate this Settlement Agreement if: (a) a. The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar materially differs in form and substance to Exhibit D attached hereto), and the Parties are unable to modify the Settlement in a manner to obtain and maintain preliminary approval; (b) b. The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); orAgreement; (c) c. The Final Approval Order and Final Judgment does do not become Final because by reason of a higher court reverses reversing final approval by the Court, and the Court thereafter declines to enter a further order or orders approving the Settlement on the terms set forth herein; or d. The Effective Date cannot or does not occur for any reason, including but not limited to the entry of an order by any court that would require either material modification or termination of the Settlement Agreement. 12.2 78. In addition to the grounds set forth above, Defendant shall have the right, but not the obligation, to terminate the Settlement Agreement if 1% or more of the Settlement Class Members submit timely and valid Requests for Exclusion by the Opt-Out Date. 79. The Parties agree to work in good faith to effectuate this Settlement Agreement. 80. If a Party elects to terminate this Settlement Agreement under this Section 12XIV, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email e- mail within ten (10) Days of the occurrence of the condition permitting termination. 12.3 81. Nothing shall prevent Plaintiffs or ACTS Defendant from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 82. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement Agreement, the Preliminary Approval Order, the Final Approval Order and Final Judgment (if applicable), and all orders entered in connection therewith of their provisions shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by time immediately preceding the Court; and (v) ACTS shall have no payment, reimbursement, or other financial obligation of any kind as a result execution of this Settlement Agreement, other than as stated in Sub-Part ; (iii) aboveexcept as otherwise expressly provided, the Parties shall stand in the same position and shall proceed in all respects as if this Settlement Agreement and any related orders had never been executed, entered into, or filed; and (iv) no term or draft of this Settlement Agreement nor any part of the Parties’ settlement discussions, negotiations, or documentation (including any declaration or brief filed in support of the motion for preliminary approval or motion for final approval), nor any rulings regarding class certification for settlement purposes (including the Preliminary Approval Order and, if applicable, the Final Approval Order and Final Judgment), will have any effect or be admissible into evidence for any purpose in the lawsuit or any other proceeding. 83. If the Court does not approve the Settlement or the Effective Date cannot or does not occur for any reason, Defendant shall retain all its rights and defenses in the lawsuit. For example, Defendant shall have the right to object to the maintenance of the lawsuit as a class action, to move for summary judgment, and to assert defenses at trial, and nothing in this Settlement Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any Party concerning whether the lawsuit may properly be maintained as a class action, or for any other purpose.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 72. Each Party shall have the right to terminate this Settlement Agreement if: (a) a. The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar materially differs in form and substance to Exhibit D attached hereto); (b) b. The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or; (c) c. The Final Approval Order and Final Judgment does do not become Final because final by reason of a higher court reverses reversing final approval by the Court, and the Court thereafter declines to enter a further order or orders approving the settlement on the terms set forth herein; or d. The Effective Date cannot occur. 12.2 73. The Parties agree to work in good faith to effectuate this Settlement Agreement. 74. If a Party elects to terminate this Settlement Agreement under this Section 12XIII, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email e- mail within ten (10) Days of the occurrence of the condition permitting termination. 12.3 75. Nothing shall prevent Plaintiffs or ACTS Defendant from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 76. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement Agreement, the Preliminary Approval Order, the Final Approval Order (if applicable), and all orders entered in connection therewith of their provisions shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit Litigation as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by time immediately preceding the Court; and (v) ACTS shall have no payment, reimbursement, or other financial obligation of any kind as a result execution of this Settlement Agreement, other than as stated in Sub-Part (iii) above.;

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 Each Party shall have the right to terminate this Settlement Agreement if: (a) The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar in form and substance to Exhibit D attached hereto); (b) The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or (c) The Final Order and Judgment does do not become Final because a higher court reverses final approval by the Court. 12.2 Mercy shall have the right to terminate this Settlement Agreement if the total number of Opt-Outs exceeds 100 members of the Settlement Class. The date for purposes of calculating the occurrence of the condition permitting termination under this Paragraph shall be the date of delivery of the Opt-Out List. 12.3 If a Party elects to terminate this Settlement Agreement under this Section 12, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email within ten (10) Days of the occurrence of the condition permitting termination. 12.3 12.4 Nothing shall prevent Plaintiffs Plaintiff or ACTS Mercy from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 12.5 If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement and all orders entered in connection therewith shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS Mercy shall be responsible for all Notice notice and Claims Administration Costs claims administration costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by the Court.; and (v) ACTS Mercy or its insurer shall have no payment, reimbursement, reimbursement or other financial obligation of any kind as a result of this Settlement Agreement, other than as stated in Sub-Part (iii) above.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 87. Each Party shall have the right to terminate this Settlement Agreement if: (a) a. The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar materially differs in form and substance to Exhibit D attached hereto), and the Parties are unable to modify the Settlement in a manner to obtain and maintain preliminary approval; (b) b. The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); orAgreement; (c) c. The Final Approval Order and Final Judgment does do not become Final because by reason of a higher court reverses reversing final approval by the Court, and the Court thereafter declines to enter a further order or orders approving the Settlement on the terms set forth herein; or d. The Effective Date cannot or does not occur for any reason, including but not limited to the entry of an order by any court that would require either material modification or termination of the Settlement Agreement. 12.2 88. In addition to the grounds set forth above, Defendant shall have the right, but not the obligation, to terminate the Settlement Agreement if 1% or more of the Settlement Class Members submit timely and valid Requests for Exclusion by the Opt-Out Date. 89. The Parties agree to work in good faith to effectuate this Settlement Agreement. 90. If a Party elects to terminate this Settlement Agreement under this Section 12XVIII, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email e- mail within ten (10) Days of the occurrence of the condition permitting termination. 12.3 91. Nothing shall prevent Plaintiffs or ACTS Defendant from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 92. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement Agreement, the Preliminary Approval Order, the Final Approval Order and Final Judgment (if applicable), and all orders entered in connection therewith of their provisions shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit Litigation as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by time immediately preceding the Court; and (v) ACTS shall have no payment, reimbursement, or other financial obligation of any kind as a result execution of this Settlement Agreement, other than as stated in Sub-Part ; (iii) aboveexcept as otherwise expressly provided, the Parties shall stand in the same position and shall proceed in all respects as if this Settlement Agreement and any related orders had never been executed, entered into, or filed; and (iv) no term or draft of this Settlement Agreement nor any part of the Parties’ settlement discussions, negotiations, or documentation (including any declaration or brief filed in support of the motion for preliminary approval or motion for final approval), nor any rulings regarding class certification for settlement purposes (including the Preliminary Approval Order and, if applicable, the Final Approval Order and Final Judgment), will have any effect or be admissible into evidence for any purpose in the Litigation or any other proceeding. 93. If the Court does not approve the Settlement or the Effective Date cannot or does not occur for any reason, Defendant shall retain all its rights and defenses in the Litigation. For example, Defendant shall have the right to object to the maintenance of the Litigation as a class action, to move for summary judgment, and to assert defenses at trial, and nothing in this Settlement Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any Party concerning whether the Litigation may properly be maintained as a class action, or for any other purpose.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 72. Each Party shall have the right to terminate this Settlement Agreement if: (a) a. The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar materially differs in form and substance to Exhibit D attached F hereto); (b) b. The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from to Exhibit E attached G hereto); or; (c) c. The Final Approval Order and Final Judgment does do not become Final because final by reason of a higher court reverses reversing final approval by the Court, and the Court thereafter declines to enter a further order or orders approving the Settlement on the terms set forth herein; d. The Effective Date cannot occur; or e. More than 350 individuals submit valid Requests for Exclusion. 12.2 73. The Parties agree to work in good faith to effectuate this Settlement Agreement. 74. If a Party elects to terminate this Settlement Agreement under this Section 12XIV, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email e- mail within ten (10) Days of the occurrence of the condition permitting termination. 12.3 75. Nothing shall prevent Plaintiffs or ACTS Defendant from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 76. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement Agreement, the Preliminary Approval Order, the Final Approval Order (if applicable), and all orders entered in connection therewith of their provisions shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit Litigation as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by time immediately preceding the Court; and (v) ACTS shall have no payment, reimbursement, or other financial obligation of any kind as a result execution of this Settlement Agreement, other than as stated in Sub-Part (iii) above.;

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 13.1 Each Party shall have the right to terminate this Settlement Agreement if: (a) The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar in form and substance to Exhibit D attached hereto); (b) The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or (c) The Final Order and Judgment does not become Final because a higher court reverses final approval by the Court. 12.2 If a Party elects to terminate this Settlement Agreement under this Section 12, 13.2 In the event that Party must provide written notice to the other Party's counsel, by hand delivery, mail, or email within ten (10) Days days after the Opt-Out Date, as approved by the Court, there have been more than 5,000 timely and valid Opt-Outs submitted, SOA may, at its option, by notifying Proposed Settlement Class Counsel and the Court in writing, void this Settlement Agreement. If SOA voids the Settlement Agreement pursuant to this paragraph, SOA shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and Service Awards but shall be entitled to return of the occurrence remainder of the condition permitting terminationSettlement Fund. 12.3 13.3 Nothing shall prevent Plaintiffs or ACTS SOA from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and JudgmentJudgment by the Court. 12.4 13.4 If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement and all orders entered in connection therewith shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS SOA shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by the Courtrespective Courts in the Lawsuit; and (v) ACTS SOA shall have no payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement, other than as stated in Sub-Part (iii) above.

TERMINATION OF THIS SETTLEMENT AGREEMENT. 12.1 Each Party shall have the right to terminate this Settlement Agreement if: (a) The Court denies preliminary approval of this Settlement Agreement (or grants preliminary approval through an order that is not substantially similar in form and substance to Exhibit D attached hereto); (b) The Court denies final approval of this Settlement Agreement (or grants final approval through an order that materially differs in substance from Exhibit E attached hereto); or (c) The Final Order and Judgment does do not become Final because a higher court reverses final approval by the Court. 12.2 If a Party elects to terminate this Settlement Agreement under this Section 12, that Party must provide written notice to the other Party's ’s counsel, by hand delivery, mail, or email within ten (10) Days of the occurrence of the condition permitting termination. 12.3 Nothing shall prevent Plaintiffs or ACTS Preferred Home from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of the Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the Settlement, such order shall be treated as a Final Order and Judgment. 12.4 If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then: (i) this Settlement Agreement and all orders entered in connection therewith shall be rendered null and void; (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Lawsuit or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc; (iii) ACTS Preferred Home shall be responsible for all Notice and Claims Administration Costs incurred prior to the termination or disapproval; (iv) all Parties shall be deemed to have reverted to their respective positions and status in the Lawsuit as of the date this Settlement Agreement was executed and shall jointly request that a new case schedule be entered by the Court; and (v) ACTS Preferred Home or its insurer shall have no payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement, other than as stated in Sub-Part (iii) above.