Tolerance of Opt-Outs. JMS, at their option, shall have the right to render voidable the Settlement if 10% or more Class Members submit timely and valid Opt-Out Requests.
Tolerance of Opt-Outs. If 10% or more of the Class Members, or a number of Class Members whose share of the Class Settlement Proceeds represents 10% or more of the total, validly opt out and thus elect not to participate in the Settlement, Defendant will have the right to rescind the Settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within 10 calendar days after the Settlement Administrator notifies the Parties of the total number of opt outs, which the Settlement Administrator will do within 5 calendar days after the close of the opt-out period. Class Members who, prior or subsequent to the opt-out period, enter into a privately negotiated agreement that includes class- released claims will no longer be eligible as a “Class Member” and will not receive a distribution under this settlement. DocuSign Envelope ID: EAF44FBB-BD58-4CC7-B33A-9EA58CE4AB12
Tolerance of Opt-Outs. Defendants retain the right, in the exercise of their sole discretion, to withdraw from the Settlement, within thirty (30) days after the Administrator sends the final Exclusion List to Defense Counsel, if 5 members or more of the Settlement Class opt out of this Settlement. The Parties agree that, if Defendants withdraw, the Settlement shall be void ab initio, have no force or effect whatsoever, and
Tolerance of Opt-Outs. If either (i) 10% or more of the Class Members, or, (ii) a number of Class Members whose share of the Class Settlement Proceeds is 10% or more elect not to participate in the Settlement, or both (i) and (ii), Defendant may, at its election, rescind the Settlement and all actions taken in its furtherance of it will be thereby null and void. Defendant must exercise this right of rescission, in writing, to Class Counsel, within 30 calendar days after the Claims Administrator notifies the Parties of the total number of opt-outs. If the option to rescind is exercised, then Defendant shall be solely responsible for all costs of the claims administration accrued to that point. Defendant also has the right to withdraw from the Settlement if: (1) the Court does not execute the Preliminary Approval Order, does not certify the Settlement Class, and/or does not certify a class releasing the claims set forth herein, or otherwise makes an order inconsistent with any of the terms of this Agreement, and/or (2) Plaintiff and/or Class Counsel materially breaches the Agreement. In the event that Defendant exercises its right to withdraw, Defendant shall be solely responsible for all costs of the Claims Administrator accrued to that point. Further, this Agreement may not be used or introduced in further litigation.
Tolerance of Opt-Outs. Notwithstanding any other provision of this Agreement, PLM shall retain the right, in the exercise of its sole discretion, to nullify the settlement within thirty
