Voiding the Settlement Agreement. (a) This Agreement is contingent upon the Court’s approval of the Settlement. If the Court refuses to grant Preliminary or Final Approval or the Effective Date does not occur, this Agreement may be voided at either party’s option, in which case this Agreement, the term sheet, and the Exhibits, will not be admissible as evidence or otherwise and may not be used for any purpose in connection with any further litigation in the Wage-Hour Lawsuits or any other lawsuit, administrative or other legal proceeding, claim, investigation or complaint, except that the non-disclosure obligations in Section 16 below will remain in force with full effect.
(i) Rite Aid, at its sole discretion, may withdraw from and void this Agreement by providing notice to Settlement Class Counsel and to the Court within ten (10) days after the Claims Administrator provides the Parties with a list of all State Settlement Class Members who have opted out of the Wage-Hour Lawsuits, if the total amount of the Distribution Amounts which the State Settlement Class opt-outs would have received had they not opted out equals or exceeds ten percent (10%) of the Net Settlement Amount. SETTLEMENT AGREEMENT
(ii) All pending lawsuits and any additional lawsuits filed until the date of Preliminary Approval asserting Wage and Hour Claims by Assistant Store Managers and/or Co-Managers not specifically listed in this Agreement and filed in federal court prior to Final Approval, if feasible, shall be added to this Settlement under the terms of this Agreement and dismissed following Final Approval. Rite Aid’s Counsel agrees to timely identify such pending lawsuits
Voiding the Settlement Agreement. 60. If the Court does not approve any material condition of this Settlement Agreement that effects a fundamental change of the Parties’ Settlement, such as disapproving the settlement amount, the distribution plan or the composition of the class, but not including tax withholding allocations or minor administrative issues, or if the Court fails to enter Judgment and Dismissal of this action or such Judgment and Dismissal is rendered void, the entire Settlement Agreement will be voidable and unenforceable unless the parties agree in writing that the remaining provisions shall remain in full force and effect.
Voiding the Settlement Agreement. Defendant has the right to rescind the Settlement Agreement as a result of an opt- 15 out percentage that equals or exceeds five percent (5%) of all members of the Settlement Class
Voiding the Settlement Agreement. A failure of the Court to approve any material condition of this Settlement Agreement which effects a fundamental change of the terms of the settlement shall render the entire Settlement Agreement voidable and unenforceable as to Plaintiffs and Defendant, at the option of any Party. Any Party may exercise its or his option to void this Settlement Agreement as provided above by giving notice, in writing, to all other Parties and to the Court at any time prior to Final Approval.
a. If more than five percent (5%) of the Class submits timely and valid requests for exclusion pursuant to the terms and procedures of the Notice of Settlement, this entire Settlement Agreement shall become voidable and unenforceable as to Plaintiffs and Defendant, at Defendant’ sole discretion. Defendant may exercise such option by giving notice, in writing, to Class Counsel and to the Court at any time prior to Final Approval.
Voiding the Settlement Agreement. A failure of the Court to approve any material condition of this Settlement Agreement which effects a fundamental change of the Parties’ settlement shall render the entire Settlement Agreement voidable and unenforceable as to all of the Parties herein at the option of either party.
Voiding the Settlement Agreement. The Class Administrator will periodically update the parties’ counsel regarding the percentage of individuals that submit opt-out forms and of those individuals that cannot be located pursuant to the procedures outlined above. Defendant has the right to rescind the Settlement Agreement if the number of individuals that opt-out exceeds 10% of all possible members of the Settlement Class (“Threshold Percentage”). The Parties agree that, if the number of individuals that opt out of the settlement exceeds the Threshold Percentage, Defendant may elect to terminate the Settlement Agreement by providing written notice to Class Counsel of same within ten (10) business days after the expiration of the right of the Plaintiff Class Members to opt-out of the Settlement Agreement.
Voiding the Settlement Agreement. Defendant has the right to rescind the Settlement Agreement as a result of an Opt-Out percentage that equals or exceeds 30% of all members of the Settlement Class (“Excessive Opt- Out Percentage”). The Parties agree that, if the number of individuals opting out of the settlement equals or exceeds the Excessive Opt-Out Percentage, Defendant may elect to terminate the Settlement Agreement by providing written notice to Class Counsel of same within fourteen (14) calendar days after the expiration of the right of the Class Members to Opt-Out of the Settlement Agreement. If the Court does not approve any material condition of this Settlement Agreement or effects a fundamental change of the Parties’ Settlement, with the exception of any changes to the Class Notice Package, the award of Class Counsels’ fees/costs, and the award of enhancement payments, then the entire Settlement Agreement will be voidable and unenforceable at the option of either Party hereto. Either Party may void this Settlement Agreement as provided in the preceding Paragraph, by giving notice in writing to all other Parties and the Court at any time prior to final approval of the Settlement Agreement by the Court.
Voiding the Settlement Agreement. A failure of the Court to approve the Class Fund amount shall render the entire agreement void and unenforceable as to all parties herein and all negotiations, statements and proceedings relating thereto shall be without prejudice to the rights of any party, and neither this Agreement nor any ancillary documents shall be admissible into evidence in this Lawsuit or in any other action or proceeding.
Voiding the Settlement Agreement. In the event the Court fails to finally approve the fairness of the Settlement or scope of the Release, this Agreement shall be rendered void and unenforceable as to all Parties herein. If the Settlement becomes void, this Agreement shall have no force or effect; all negotiations, statements and proceedings related thereto shall be without prejudice to the rights of any party, all of whom shall be restored to their respective positions in the Lawsuit prior to the Settlement; and neither this Settlement Agreement nor any ancillary documents, actions or filings shall be admissible or offered into evidence in the Lawsuit.
Voiding the Settlement Agreement
