Common use of Defendant’s Option to Terminate Clause in Contracts

Defendant’s Option to Terminate. If twenty (20) or more Class Members exercise their right to exclude themselves and opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the settlement no later than five (5) court days prior to the date of the Final Approval Hearing. In the event of Defendant’s withdrawal, no party may use the fact that the Parties agreed to the settlement for any reason. Defendant will also be responsible for paying any settlement administration costs incurred if it exercises its right to withdraw from the Settlement under this provision.

Defendant’s Option to Terminate. If twenty over five percent (205%) or more of the Class Members exercise their right to exclude themselves and timely opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the settlement Settlement Agreement no later than five (5) court days prior to the date of the Final Approval Hearing. In the event of Defendant’s withdrawal, no party Party may use the fact that the Parties agreed to the settlement Settlement Agreement for any reason. Defendant will also be responsible for paying any settlement administration costs Administration Costs incurred if it Defendant exercises its right to withdraw from the Settlement Agreement under this provision.

Defendant’s Option to Terminate. If twenty more than fifteen percent (2015%) or more of the Class Members exercise their right to exclude themselves and opt out of the Settlementsubmit Requests for Exclusion, Defendant may, in its sole discretionoption, unilaterally withdraw from and terminate the settlement Settlement no later than five (5) court business days prior after to the date of the Final Approval HearingResponse Deadline, and this Agreement will become null and void. In the event of Defendant’s withdrawal, no party may use the fact that the Parties agreed to the settlement for any reason. If Defendant will also be responsible for paying any settlement administration costs incurred if it exercises its right to withdraw from the Settlement under this provision, Defendant will be responsible for paying all Administration Costs incurred up to the point of Defendant’s withdrawal from and termination of the Settlement. In the event Defendant withdrawals, no party may use the fact that the parties agreed to the Settlement for any reason.

Defendant’s Option to Terminate. If twenty five percent (205%) or more of the Class Members exercise their right rights to exclude themselves and opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the settlement Settlement Agreement no later than five (5) court days prior to the date of the Final Approval Hearing. In the event of Defendant’s withdrawal, no party Party may use the fact that the Parties agreed to the settlement Settlement Agreement for any reason. Defendant will also be responsible for paying any settlement administration costs Administration Costs incurred if it Defendant exercises its right to withdraw from the Settlement Agreement under this provision.