Blow-up Clause. Despite this Settlement Agreement, if more than one thousand two hundred fifty (1,250) Class Members request exclusion, then either Provide Commerce or EMI may, in either’s sole discretion, at any time before the Fairness Hearing, notify Class Counsel in writing that it has elected to terminate this Settlement Agreement. If this Settlement Agreement is terminated under this section, it will be deemed null and void ab initio. In that event: (i) the Provisional Class Certification Order and all of its provisions will be vacated by its own terms; (ii) the Action will revert to the status that existed before the Settlement Agreement’s execution date; and (iii) no term or draft of this Settlement Agreement, or any part or aspect of the Parties’ settlement discussions, negotiations, or documentation will have any effect or be admissible into evidence, for any purpose, in this Action or any other proceeding.
Blow-up Clause. Notwithstanding anything else contained in this Settlement Agreement, if more than a certain number to be kept confidential and filed under seal (“blow up number”) of the prospective Class Members request exclusion, then Defendant may, in its sole discretion, elect to terminate this Agreement. Prior to termination of the agreement and within five business days from the day they determine that the number of members of the Class who have requested exclusion exceeds the blow-up number, and in any event, at least 15 days prior to the Final Fairness Hearing, Defendant will notify Plaintiff’s Counsel, in writing, that they have received the blow up number of Requests for Exclusion. Class Counsel will then have 10 days to attempt to cause retraction of any election of exclusion by Class Members or any group thereof. To retract a prior Request for Exclusion, the Class Member must provide to the Parties, at least three days prior to the Final Fairness Hearing, or any adjournment thereof, a written notice stating his or her desire to retract the Request for Exclusion from the Class. If Class Counsel cannot cause sufficient retractions three days prior to the Final Fairness Hearing, Defendant may terminate this Agreement. In that event, (a) this Agreement shall terminate and become null and void, the Preliminary Approval Order and all of its provisions shall be vacated by its own terms, and the Action shall revert to the status that existed prior to the execution date of this Settlement Agreement, including no certification of a class; and (b) no term of this Settlement Agreement or any draft thereof, or of the negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding. Any dispute among the parties concerning the interpretation or application of this blow-up provision may be presented to the Court for resolution upon the application of any party hereto.
Blow-up Clause. Notwithstanding anything else in this Agreement, if more than ten percent (10%) of persons meeting the definition of Class Members opt-out, Defendants and Backbone shall have the unilateral option, in their sole discretion, to terminate this Agreement at its sole discretion, and this Agreement shall be null and void and this settlement of no force and effect. If Defendants so elect, it shall give notice of such termination in writing to Class Counsel no later than ten (10) business days after receiving the list of persons who have requested exclusion from the Class as described above.
Blow-up Clause. In the event an employee announces his/her intention to quit or terminate his/her employment by walking off the job without permission due to reasons of severe family problems/personality conflicts on the job, and subsequently requests reinstatement in writing to the Human Resource Office within two (2) working days, the employee may be reinstated without loss of seniority at the discretion of the Company. This decision will be made in a fair and non-arbitrary manner.
Blow-up Clause. Notwithstanding anything else in this Agreement, if more than 10% of persons meeting the definition of Settlement Class Members opt-out, Defendant shall have the unilateral option to terminate this Agreement at its sole discretion, and this Agreement shall be null and void and this settlement of no force and effect as described in Section 2.4 above. If Defendant so elects, it shall give notice of such termination in writing to Settlement Class Counsel no later than 10 business days after receiving the list of persons who have requested exclusion from the Settlement Class as described above. If Defendant terminates this Agreement, Defendant shall be obligated to pay the Claims Administrator for all costs and expenses incurred by the Claims Administrator for work performed in connection with this Agreement.
