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
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VOIDING THE AGREEMENT. 17 8510 83. If the Court fails or refuses to issue the Final Approval Order or fails to approve 18 11 any material condition of this Settlement Agreement which effects a fundamental change of the 19 12 Settlement, the entire Settlement Agreement shall be rendered voidable and unenforceable as to 20 13 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 8614 84. In the event that five If seven percent (5%) or more of the Settlement Class Members timely submit a 25 Request valid 15 Requests for Exclusion, Defendants retain Defendant shall have the exclusive right, but not the obligation, sole option of terminating this Agreement 16 without prejudice to jointly its pre-settlement positions 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 defenses in the Action. Defendants must notify Class Counsel and the Court in writing If Defendant exercises 17 such option under this paragraph, they shall be relieved of such 2 a joint and unanimous election any obligation to withdraw and terminate pay the Settlement no later than seven (7) 3 business days after receiving written notice 18 Amount or any other obligations from the Settlement by giving notice to Plaintiff's Counsel and 19 the Settlement Administrator that the number of 4 opt outs equals or exceeds five percent (5%) within 10 days of the Settlement ClassNotice Response Deadline. In such event, the 20 Parties shall be restored to their respective positions in all respects as though the contemplated 21 settlement never occurred. In the event of Defendants’ 5 withdrawalsuch termination, no Party party may use the fact that the 22 Parties agreed to settle or the Settlement terms provided herein as an admission, as evidence, or for any reasonother 23 purpose, including, without limitation, to prove any liability or the amount of any sum allegedly 24 owed by any Party. All parties and 6 Defendants counsel shall pay all administration expenses incurred not encourage opt-outs or objections to this 25 Agreement. The parties specifically agree not to solicit opt-outs, directly or indirectly, through the date of its termination of 7 the Settlement26 any means.
8 8727 85. If the Settlement is voided or fails for any reason, Plaintiff and Defendants Defendant will 9 28 have no further obligations under the Settlement, including any obligation by Defendants Defendant to pay 10 1 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 thethis
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VOIDING THE AGREEMENT. 17 85. If 17.1 Except with respect to the provisions of Section 17.2, in the event that this Settlement is not finally approved, or if for any reason the Settlement Effective Date does not occur, and the parties are unable to come to an agreement pursuant to the process described in Section 13.4, the Settlement and this Agreement shall be deemed null, void, and unenforceable, and each Party shall retain all of its respective rights as they existed as of the date notice of the Settlement was first provided to the Court, and neither this Agreement, nor any of its accompanying Exhibits or any orders entered by the Court fails in connection with this Agreement, shall be admissible or refuses used for any purpose in any subsequent proceedings in this Litigation or in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding. Provided, however, Walmart shall not be reimbursed for any monies reasonably spent by the Claims Administrator, or reasonably owed to issue the Final Approval Order Claims Administrator but not yet paid, for Notice and Settlement Administration Costs.
17.2 In the event that the Court does not approve the Attorneys’ Fees and Litigation Expenses in the amounts requested by Class Counsel, or fails to approve 18 any material condition of this Settlement Agreement which effects in the event that the Attorneys’ Fees and Litigation Expenses requested by Class Counsel are reduced, such findings shall not be a fundamental change of the 19 Settlement, basis for rendering the entire Settlement Agreement shall be rendered voidable and unenforceable as null, void, or unenforceable. Class Counsel retain their right to 20 all Parties herein at appeal any decision or order by the option of either Party. The Court’s decision to award less than Court regarding the amounts 21 requested for the Service Payment, Attorneys’ Fees Xxxx and Costs Award, and/or Settlement 22 Administration Costs shall not constitute a material modification to the Agreement within the 23 meaning of this paragraphLitigation Expenses.
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
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Samples: Settlement Agreement
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 8614.1. In the event that five percent (5%) this Settlement is not approved in substantially the same form as that submitted by the Parties with respect to all material terms, a court of appeals reverses the Court’s order granting final approval of this Settlement, or more of if for any reason the Class Members timely submit a 25 Request for ExclusionEffective Date does not occur, Defendants retain the exclusive right, but not the obligation, to jointly and 26 unanimously Parties may elect to withdraw from and terminate the Settlement and return all Parties back to 27 their same position before the Settlement was reached and deem the Settlement Agreement was entered 28 into. In the event that Defendants exercise such right under this Sectionnull, Plaintiff void, and Defendants 1 shall resume the Action. Defendants must notify Class Counsel unenforceable, and the Court Parties shall return to their respective positions prior to engaging 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 Classsettlement negotiations.
14.2. In the event of Defendants’ 5 withdrawala denial or reversal of approval of this Settlement, no Party may use the fact that the Parties agreed agree to work cooperatively and in good faith to address and resolve any concerns identified by the Court in denying or reversing approval.
14.3. Should the parties resolve any concerns identified by the Court following the denial or reversal of approval of this Settlement, they shall re-submit the Settlement Agreement, as amended, to the Court for approval. Should the Parties’ efforts prove unsuccessful, the Settlement for any reasonAgreement shall become null and void, and 6 Defendants no party shall pay all administration expenses incurred through the date be bound by any 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 Settlementterms, including any obligation by Defendants obligations to pay 10 make any payments or to release any claims.
14.4. In the event the Settlement AmountAgreement becomes null and void:
i. any order certifying a class for the purposes of the Settlement shall be vacated, any such class shall be decertified, and Defendants reserve the right to oppose any future motion or request for class certification;
ii. the Settlement Agreement and all negotiations, settlements, and proceedings relating thereto, shall be without prejudice to the rights of any of the Parties in the Litigation, all of whom shall be restored to their respective positions prior to the Settlement; and
iii. neither this Settlement Agreement, nor any ancillary documents, actions, statements, or filings in furtherance of Settlement shall be admissible or offered into evidence in the Litigation or any amounts that otherwise would have been owed under this 11 Settlement.
12 88. If the Settlement is voided or fails other legal proceeding for any reason, any costs incurred by thepurpose whatsoever.
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Samples: Class Settlement Agreement
VOIDING THE AGREEMENT. 17 85. If 15.1 It is agreed by the Court fails or refuses Parties that if more than ten percent (10%) of the Class Members eligible to issue the Final Approval Order or fails to approve 18 any material condition of participate in this Settlement Agreement which effects a fundamental change opt-out of the 19 Settlementclass settlement, then Defendants or Plaintiffs have the option to void and cancel this settlement. The Settlement Administrator shall email Defendants' Counsel and Class Counsel a copy of all Opt-Outs received within seven days of the Opt-Out deadline. Any such election to void the Settlement must be delivered in writing to the parties within seven (7) business days from the date on which Counsel receives the copy of the Opt-Outs from the Settlement Administrator.
15.2 The maximum aggregate amount Defendants shall be obligated to pay under this Agreement, if it gains Final Approval, is limited to the GSF amount of $974,092.67 . The Parties further agree that, in the event a court or arbitrator determines or otherwise issues an order or opinion that there should be any money paid in addition to the GSF amount, then Defendants shall have the option to void this Settlement and Agreement.
15.3 In the event that this Settlement is not approved, or if for any reason the Settlement Effective Date does not occur, the entire Settlement Agreement shall be rendered voidable deemed null, void, and unenforceable as unenforceable. This Settlement Agreement, all drafts of this Agreement, any communications regarding settlement or approval of the settlement, or any documents filed with the Court regarding approval of the settlement 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 to 20 all Parties herein at the option of either Party. The Court’s decision to award less than the amounts 21 requested establish Defendants’ liability for the Service Payment, claims covered by this Settlement Agreement.
15.4 In the event that the Court does not approve the Attorneys’ Fees and Costs Awardin the amount requested by Class Counsel, 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 or in the event that five percent (5%) or more of the Attorneys’ Fees and Costs requested by Class Members timely submit Counsel are reduced, that finding shall not be a 25 Request basis for Exclusion, Defendants retain rendering 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 entire Settlement Agreement was entered 28 intonull, void, or unenforceable. 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 retain their right to appeal any decision by the Court in writing of such 2 a joint regarding the Attorneys’ Xxxx 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 SettlementCosts.
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
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Samples: Settlement Agreement
VOIDING THE AGREEMENT. 17 8515.1 If 10% or more of the Non-Release Benefit Subclass elect to opt out of the settlement, Defendants may, at their election, rescind the settlement and all actions taken in their furtherance of it will be thereby null and void, Defendants may, at their election, rescind the settlement and all actions taken in its furtherance of it will be thereby null and void. Defendants must exercise this right of rescission, in writing, to Class Counsel, within thirty (30) calendar days after the Administrator sends the final Exclusion List to Defense Counsel. If the Court fails or refuses option to issue the Final Approval Order or fails to approve 18 any material condition of this Settlement Agreement which effects a fundamental change rescind is exercised, then Defendants shall be solely responsible for all costs of the 19 Settlement, the entire Settlement Agreement shall be rendered voidable and unenforceable as claims administration accrued 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 paragraphthat point.
24 86. 15.2 In the event that five percent (5%) or more the Court fails to grant final approval of the Class Members timely submit a 25 Request for ExclusionSettlement, Defendants retain or if the exclusive right, but not the obligation, appropriate appellate court fails to jointly and 26 unanimously elect to withdraw from and terminate approve the Settlement and return all the Parties back to 27 their same position before have been unsuccessful in addressing the Settlement was reached and Court or appellate court’s concerns in good faith, as required by paragraph 13 herein or if the Settlement Agreement was entered 28 into. In is otherwise voided , the event that Defendants exercise such right under this Section, Plaintiff Parties agree that: (a) the Settlement Agreement shall have no force and Defendants 1 shall resume the Action. Defendants must notify Class Counsel effect and the Court in writing Parties shall be restored to their respective positions prior to entering into it, and no Party shall be bound by any 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%) terms of the Settlement Class. In Agreement, and the event issuance of Defendants’ 5 withdrawal, any declaratory relief as set forth herein shall be voided; (b) Defendants shall have no Party may use the fact that the Parties agreed obligation to make any payments to the Settlement for any reasonClass, 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 Administrator, the LWDA, Named Plaintiff or fails for her counsel; (c) any reasonpreliminary approval order, Plaintiff and Defendants will 9 have no further obligations under the Settlementfinal approval order or judgment, including any obligation by Defendants to pay 10 the Settlement Amountshall be vacated, 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 theand
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