Termination Procedure And Effect Sample Clauses

Termination Procedure And Effect. Any election of the right to terminate this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3 may be done only by giving written notice to all counsel of record and to the Settlement Administrator prior to the Final Effective Date. If any Party terminates this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3, the termination shall void all of the rights, obligations, and releases under this Agreement, except for Sections 13.1, 13.2, 13.3 and those provisions of this Agreement that are necessary to effectuate the termination. Within 30 days after a notice of termination is received, the Settlement Administrator shall return all settlement payments made prior to such withdrawal (inclusive of interest and exclusive of notice and administration costs already expended). If this Agreement is terminated before Defendant deposits sufficient funds to cover notice and administrative costs already expended, the terminating party shall pay the Settlement Administrator an amount sufficient to cover the notice and administrative costs already expended within 60 calendar days after receipt of the Settlement Administrator’s invoice for the amounts due. If this Agreement is terminated by Settlement Class Counsel after Defendant has already paid Settlement Administrator invoices for notice and administrative costs expended, Settlement Class Counsel shall reimburse Defendant for those notice and administrative costs paid within ten (10) calendar days after notice of termination.
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Termination Procedure And Effect. Any election of the right to terminate this Agreement may be done only by giving written notice to all counsel of record and to the Settlement Administrator. Notice of termination pursuant to Sections 11.1 or 11.3 must be given prior to the Final Effective Date. Notice of termination pursuant to Section 9.2 must be given within 60 days after the expiration of the Opt Out Period, or prior to the Final Approval hearing, whichever is earlier. However, Settlement Class Counsel and Defendant may agree in writing to extend these deadlines. If any Party terminates this Agreement pursuant to Sections 11.1, 11.2,
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Termination Procedure And Effect. Any election of the right to terminate this Agreement may be done only by giving written notice to all counsel of record and to the Settlement Administrator. Notice of termination pursuant to Sections 11.1 or 11.3 must be given prior to the Final Effective Date. Notice of termination pursuant to Section 9.2 must be given within 60 days after the expiration of the Opt Out Period, or prior to the Final Approval hearing, whichever is earlier. However, Settlement Class Counsel and Defendant may agree in writing to extend these deadlines. If any Party terminates this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3 the termination shall void all of the rights, obligations, and releases under this Agreement, except for Sections 13.1, 13.2, 13.3 and those provisions of this Agreement that are necessary to effectuate the termination. Within 30 days after a notice of termination is mailed, the Settlement Administrator shall return all settlement payments made prior to such withdrawal (inclusive of interest and exclusive of notice and administration costs already expended). If this Agreement is terminated before Defendant deposits sufficient funds to cover notice and administrative costs already expended, Defendant shall send to the Settlement Administrator an amount sufficient to cover the foregoing items within 30 calendar days after receipt of the Settlement Administrator’s schedule of the amounts due. If this Agreement is terminated after the Settlement Administrator has paid any or all of the award(s) for Settlement Class Counsel Fees, Settlement Class Counsel Costs, and/or the incentive payments for the Settlement Class Representatives, the recipients of those payments shall return the full amount of such payments to the Settlement Administrator within 10 calendar days after notice of withdrawal, and the Settlement Administrator shall then promptly return such funds to Defendant.
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Termination Procedure And Effect. If Defendant elects to terminate this 10 Agreement pursuant to Sections 8.1, 8.2, and/or 8.3, Defendant may do so by giving written notice 11 to Settlement Class Counsel. Notice of termination pursuant to Section 8.1 must be given within 12 thirty (30) calendar days of the act or order declining to enter the Order or modifying this 13 Agreement, unless subject to further appeal, in which case the notice must be given prior to the 14 Final Effective Date. Notice of termination pursuant to Section 8.2 must be given prior to Final 15 Approval. Notice of termination pursuant to Section 8.3 must be given prior to the Final Effective 16 Date. If Defendant terminates this Agreement pursuant to Section 8, the termination shall void all 17 of the rights, obligations, and releases under this Agreement, except for those provisions that are 18 necessary to effectuate the termination. Within fifteen (15) calendar days after notice of 19 termination, the Settlement Administrator shall return all settlement payments made by Defendant 20 prior to such termination (inclusive of any interest and exclusive of notice and administration costs 21 already expended). The Settlement Administrator shall then allocate such previously expended 22 notice and administration costs equally between Plaintiff and Defendant and invoice Plaintiff and 23 Defendant for half of such costs (with a credit to Defendant for previously paid costs). All 24 payments to the Settlement Administrator shall be due thirty (30) calendar days after receipt of the
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Termination Procedure And Effect. In the event of termination pursuant to this Article 9, a written notice thereof shall forthwith be given by the terminating party to the other party and the Transactions shall be abandoned without further actions. If the Transactions are abandoned as provided herein, then: (a) the Confidentiality Agreements shall survive the termination of this Agreement and shall remain in full force according to their respective terms; and (b) all of the provisions of this Agreement shall be of no further force and effect and the parties shall have no further obligations hereunder, except that (i) the provisions of this Article 9, Article 10 and Section 6.3 (Confidentiality) shall survive such termination and (ii) each party shall retain its rights against the other party with respect to any breach of this Agreement committed prior to the termination or abandonment of the Transactions.
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Termination Procedure And Effect. If this Agreement is terminated pursuant to this Article, the party or parties so electing to terminate shall give written notice to that effect to the other party or parties, and this Agreement shall terminate and the transactions contemplated by this Agreement shall be abandoned without further action by either party. Buyer shall then return to Seller all documents and copies and other materials received by Buyer. If this Agreement is terminated other than pursuant to a breach by Buyer or by Seller, the parties shall have no further duties, obligations, or rights to or against each other except for the provisions of this Agreement relating to confidentiality and use of confidential or proprietary information. If this Agreement is terminated pursuant to a breach of this Agreement by Buyer, Seller shall have the right to pursue any rights and remedies as Seller may have, at law or in equity, against Buyer with respect to the breach. If this Agreement is terminated pursuant to a breach of this Agreement by Seller, Buyer shall have the right to pursue any rights and remedies as Buyer may have, at law or in equity, against Seller with respect to the breach.
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Termination Procedure And Effect. Any election of the right to terminate this Agreement may be done only by giving written notice to all counsel of record and to the Settlement Administrator. Notice of termination pursuant to Sections 9.1 or 9.3 must be given prior to the Final Effective Date. Notice of termination pursuant to Section
Sample 1
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Termination Procedure And Effect. If Defendant elects to terminate this Agreement pursuant to Section III.F.9.a, b., or c., Defendant may do so by giving written notice to Class Counsel. Notice of termination must be given within thirty (30) days of the act or order or report from the Settlement Administrator giving rise to the right to terminate, unless extended by the mutual agreement of the parties. If Defendant terminates this Agreement, the termination shall void all of the rights, obligations, and releases under this Agreement, except for those provisions that are necessary to effectuate the termination. Within fifteen (15) calendar days after notice of termination, the Settlement Administrator shall return all settlement payments made by Defendant prior to such termination (inclusive of interest and exclusive of notice and administration costs already expended).
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Related to Termination Procedure And Effect

  • Procedure and Effect of Termination In the event of the termination of this Agreement and the abandonment of the transactions contemplated hereby pursuant to Section 7.1 hereof, written notice thereof shall forthwith be given by the parties so terminating to the other party and this Agreement shall terminate and the transactions contemplated hereby shall be abandoned, without further action by Seller, on the one hand, or Buyer and Parent, on the other hand. If this Agreement is terminated pursuant to Section 7.1 hereof: (a) Each party shall redeliver all documents, work papers and other materials of the other parties relating to the transactions contemplated hereby, whether obtained before or after the execution hereof, to the party furnishing the same, and all confidential information received by any party hereto with respect to the other party shall be treated in accordance with the Confidentiality Agreement and Section 5.2(c) hereof; (b) All filings, applications and other submissions made pursuant hereto shall, at the option of Seller, and to the extent practicable, be withdrawn from the agency or other person to which made; and (c) Each party's right of termination under Section 7.1 is in addition to any other rights it may have under this Agreement or otherwise, and the exercise of a right of termination will not be an election of remedies. If this Agreement is terminated pursuant to Section 7.1, all further obligations of the parties under this Agreement will terminate, except that the obligations in Section 5.5 and 9 will survive; provided, however, that if this Agreement is terminated by a party because of the breach of the Agreement by the other party or because one or more of the conditions to the terminating party's obligations under this Agreement is not satisfied as a result of the other party's failure to comply with its obligations under this Agreement, the terminating party's right to pursue all legal remedies, including the remedies set forth in Article VIII hereof, will survive such termination unimpaired.

  • Full Force and Effect of Agreement Except as hereby specifically amended, modified or supplemented, the Credit Agreement and all other Loan Documents are hereby confirmed and ratified in all respects and shall be and remain in full force and effect according to their respective terms.

  • Termination and Effect of Termination This Agreement shall terminate upon the date on which no Holder holds any Registrable Securities, except for the provisions of Sections 3.9 and 3.10, which shall survive any such termination. No termination under this Agreement shall relieve any Person of liability for breach or Registration Expenses incurred prior to termination. In the event this Agreement is terminated, each Person entitled to indemnification rights pursuant to Section 3.9 hereof shall retain such indemnification rights with respect to any matter that (i) may be an indemnified liability thereunder and (ii) occurred prior to such termination.

  • Agreement in Full Force and Effect as Amended Except as specifically amended hereby, all provisions of the Agreement shall remain in full force and effect. This Amendment shall not be deemed to expressly or impliedly waive, amend or supplement any provision of the Agreement other than as expressly set forth herein and shall not constitute a novation of the Agreement.

  • Force and Effect The various provisions of this Agreement are severable in their entirety. Any determination of invalidity or unenforceability of any one provision shall have no effect on the continuing force and effect of the remaining provisions.

  • Agreement in Full Force and Effect Except as expressly set forth herein, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.

  • Confirmation and Effect The provisions of the Credit Agreement (as amended by this First Amendment) shall remain in full force and effect in accordance with its terms following the effectiveness of this First Amendment, and this First Amendment shall not constitute a waiver of any provision of the Credit Agreement or any other Loan Document, except as expressly provided for herein. Each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof’, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby.

  • Full Force and Effect Except as expressly supplemented, amended or consented to hereby, all of the representations, warranties, terms, covenants and conditions of the Agreement shall remain unamended and shall continue to be in full force and effect.

  • No Construction as Employment Agreement Nothing contained in this Agreement shall be construed as giving Indemnitee any right to be retained in the employ of the Company or any of its subsidiaries.

  • Claims Procedure and Arbitration In the event a dispute arises over benefits under this Executive Plan and benefits are not paid to the Executive (or to the Executive's beneficiary(ies) in the case of the Executive's death) and such claimants feel they are entitled to receive such benefits, then a written claim must be made to the Named Fiduciary and Plan Administrator named above within sixty (60) days from the date payments are refused. The Named Fiduciary and Plan Administrator shall review the written claim and if the claim is denied, in whole or in part, they shall provide in writing within sixty (60) days of receipt of such claim the specific reasons for such denial, reference to the provisions of this Executive Plan upon which the denial is based and any additional material or information necessary to perfect the claim. Such written notice shall further indicate the additional steps to be taken by claimants if a further review of the claim denial is desired. A claim shall be deemed denied if the Named Fiduciary and Plan Administrator fail to take any action within the aforesaid sixty-day period. If claimants desire a second review they shall notify the Named Fiduciary and Plan Administrator in writing within sixty (60) days of the first claim denial. Claimants may review this Executive Plan or any documents relating thereto and submit any written issues and comments it may feel appropriate. In their sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within sixty (60) days of receipt of such claim. This decision shall likewise state the specific reasons for the decision and shall include reference to specific provisions of the Plan Agreement upon which the decision is based. If claimants continue to dispute the benefit denial based upon completed performance of this Executive Plan or the meaning and effect of the terms and conditions thereof, then claimants may submit the dispute to an arbitrator for final arbitration. The arbitrator shall be selected by mutual agreement of the Bank and the claimants. The arbitrator shall operate under any generally recognized set of arbitration rules. The parties hereto agree that they and their heirs, personal representatives, successors and assigns shall be bound by the decision of such arbitrator with respect to any controversy properly submitted to it for determination. Where a dispute arises as to the Bank's discharge of the Executive "for cause," such dispute shall likewise be submitted to arbitration as above described and the parties hereto agree to be bound by the decision thereunder.

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