VOIDING THE AGREEMENT. 13.1 In the event that this Settlement is not approved, or if for any reason the Settlement Effective Date does not occur, the Settlement shall be deemed null, void and unenforceable and shall not be used, nor shall it be admissible in any subsequent proceedings either in this Court or in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding, including without limitation any wage and hour, or other, litigation against Zillow.
13.2 In the event that the Court does not approve the Attorneys’ Fees and Costs in the amount requested by Class Counsel, or in the event that the Attorneys’ Fees and Costs requested by Class Counsel is reduced, that finding shall not be a basis for rendering the Agreement null, void, or unenforceable. Class Counsel retains their right to appeal any decision by the Court regarding the Attorneys’ Fees and Costs.
13.3 Simultaneously herewith, Class Counsel and Defendant’s Counsel are executing a Supplemental Agreement Regarding Settlement (“Supplemental Agreement”). The Supplemental Agreement sets forth certain conditions (the “Opt-Out Conditions”) under which Zillow shall have the option (which option shall be exercised unilaterally by Zillow), in its sole and absolute discretion, to terminate this Settlement and render this Settlement null and void as to all Settling Parties and Class Members. The Settling Parties agree to maintain confidentiality of the Opt-Out Conditions in the Supplemental Agreement, which shall not be filed with the Court unless a dispute arises as to its terms or as otherwise ordered by the Court. If submission of the Supplemental Agreement is required for resolution of a dispute or is otherwise ordered by the Court, the Settling Parties will use their best efforts to have the Opt-Out Conditions submitted to the Court in camera. Except for the Opt-Out Conditions, all material terms of the Supplemental Agreement are repeated herein.
13.4 The Preliminary Approval Order shall provide that requests for exclusion shall be postmarked no later than thirty (30) days after the Notice is first mailed and shall be received no later than thirty-one (31) days prior to the Settlement Hearing, which is the hearing to be held by the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and should be finally approved. No later than twenty-five (25) days prior to the Settlement Hearing, Class Counsel or the Claims Administrator shall provide...
VOIDING THE AGREEMENT. 17 85. If the Court fails or refuses to issue the Final Approval Order or fails to approve 18 any material condition of this Settlement Agreement which effects a fundamental change of the 19 Settlement, the entire Settlement Agreement shall be rendered voidable and unenforceable as to 20 all Parties herein at the option of either Party. The Court’s decision to award less than the amounts 21 requested for the Service Payment, Attorneys’ Fees and Costs Award, and/or Settlement 22 Administration Costs shall not constitute a material modification to the Agreement within the 23 meaning of this paragraph.
24 86. In the event that five percent (5%) or more of the Class Members timely submit a 25 Request for Exclusion, Defendants retain the exclusive right, but not the obligation, to jointly and 26 unanimously elect to withdraw from and terminate the Settlement and return all Parties back to 27 their same position before the Settlement was reached and the Settlement Agreement was entered 28 into. In the event that Defendants exercise such right under this Section, Plaintiff and Defendants 1 shall resume the Action. Defendants must notify Class Counsel and the Court in writing of such 2 a joint and unanimous election to withdraw and terminate the Settlement no later than seven (7) 3 business days after receiving written notice from the Settlement Administrator that the number of 4 opt outs equals or exceeds five percent (5%) of the Settlement Class. In the event of Defendants’ 5 withdrawal, no Party may use the fact that the Parties agreed to the Settlement for any reason, and 6 Defendants shall pay all administration expenses incurred through the date of its termination of 7 the Settlement.
8 87. If the Settlement is voided or fails for any reason, Plaintiff and Defendants will 9 have no further obligations under the Settlement, including any obligation by Defendants to pay 10 the Settlement Amount, or any amounts that otherwise would have been owed under this 11 Settlement.
12 88. If the Settlement is voided or fails for any reason, any costs incurred by the
VOIDING THE AGREEMENT. 21.1 In the event this Agreement, or any amended version agreed upon by the Parties, does not obtain judicial approval for any reason, this Agreement shall be null and void in its entirety, unless expressly agreed in writing by all Parties. In the event this Agreement becomes null and void for any reason, the Defendant, the Class Representatives, and Class Counsel agree that they shall keep strictly confidential the terms of the Agreement, the existence of the Agreement, any information concerning the Agreement, or any of the discussions and or negotiations regarding the Agreement.
VOIDING THE AGREEMENT. 77. In the event of any of the following: (i) the Court does not approve the scope of the California Class Released Claims or California FLSA Class Released Claims; (ii) the Court finds the Maximum Settlement Amount is insufficient to warrant approval; or (iii) 10% or more of the California Class Members submit an Exclusion Letter, Defendant may elect to reject this Settlement and the Stipulation of Settlement shall be null and void ab initio and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as withdrawn or vacated by stipulation of the Parties. In such case, the Class Members and Defendant shall be returned to their respective statuses as of the date immediately prior to the execution of this Stipulation of Settlement. In the event an appeal is filed from the Final Approval Order and Judgment, or any other appellate review is sought prior to the Payment Obligation and Class Release Date, administration of the Settlement shall be stayed pending final resolution of the appeal or other appellate review.
VOIDING THE AGREEMENT. 18.1 In the event that this Settlement is not approved, or if for any reason the Settlement Effective Date does not occur, the Settlement Agreement shall be deemed null, void, and unenforceable and shall not be used nor shall it be admissible in any subsequent proceedings either in this Court or in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding, or other litigation against Walmart, and the Parties shall return to their respective positions prior to the Court’s consideration of this Settlement.
18.2 In the event that the Court does not approve the Attorneys’ Fees, Costs, and Expenses in the amount requested by Settlement Class Counsel, or in the event that the Attorneys’ Fees, Costs, and Expenses requested by Settlement Class Counsel is reduced, that finding shall not be a basis for rendering the entire Settlement Agreement null, void, or unenforceable. Settlement Class Counsel retains their right to appeal any decision by the Court regarding the Attorneys’ Fees, Costs, and Expenses.
VOIDING THE AGREEMENT. 19.1 In the event that this Settlement is not finally approved by the Court, or if for any reason the Settlement Effective Date does not occur, this Agreement shall be deemed null, void, and unenforceable and shall not be used nor shall it be admissible in any subsequent proceedings either in this Court or in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding, or other litigation against Defendants or the Commonwealth of Massachusetts, except in an action or proceeding to approve, interpret, or enforce the terms of this Agreement.
19.2 In the event that this Settlement Agreement is deemed null, void, and unenforceable for any reason, all of the litigants will be returned to the position they were in immediately before the motion to certify a settlement class was filed, as if nothing had happened.
19.3 Notwithstanding any other provision of this Agreement, in the event that this Settlement Agreement is deemed null, void, and unenforceable for any reason, the releases of the Claims Administrator, and covenants not to xxx the Claims Administrator, provided for in this Agreement and the Claim Form shall survive the termination of the Agreement and remain in full force and effect always.
VOIDING THE AGREEMENT. If the County does not receive funding from CDBG, then the parties understand and agree that this contract becomes null and void, with no further obligations by either party to fulfill the Scope of Services in Section I of this agreement.
VOIDING THE AGREEMENT. 33. A failure of the court to approve any material provision or condition of this Stipulation xxx or material modification on appeal of any court order preliminarily or finally approving the Settlement, shall render the entire Stipulation of Settlement voidable and unenforceable as to all Parties herein at the option of Plaintiffs or Defendants.
34. The signatories hereto represent that they are fully authorized to enter into this Stipulation of Settlement and bind the Parties hereto to the terms and conditions hereof.
VOIDING THE AGREEMENT. 69. If this Settlement is not approved, or if the Court’s Final Order is materially modified on appeal, then this Settlement will become null and void, no payment under this Settlement will be made, and the Agreement shall not be used nor be admissible in any subsequent proceeding either in this Court or in any other Court or forum, nor shall there be any certification of the Class, as it is being requested here solely for the purposes of this Settlement. If there is any reduction in the attorneys’ fee and cost award and/or the Class Representative Payment, as requested, such reduction may be appealed as set forth below but is not a basis for rendering the Settlement voidable and unenforceable.
VOIDING THE AGREEMENT. In the event that the Works are not commenced within two (2) years from the date of signing this Agreement by the Parties, the Municipality may declare this Agreement to be void.
