Effect if Settlement Not Approved or Agreement is Terminated. This Agreement is entered into only for purposes of settlement. In the event that Preliminary Approval or Final Approval of this Agreement does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.5, or if Final Approval is reversed on appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, 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 Litigation, or in any other proceeding; the Litigation may continue as if the Settlement had not occurred; and the Parties returned to their pre-Settlement litigation posture. The Parties agree that all drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel, and only for purposes of the Litigation.
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement does not occur for any reason, or if Final Approval is reversed on appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, 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 Litigation, or in any other proceeding, and the Litigation shall continue as if the settlement had not occurred. The Parties agree that all drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Litigation.
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of Settlement. In the event that preliminary or final approval of this Settlement and this Agreement do not occur for any reason, or if the Final Approval Order is reversed on appeal, or the Agreement is terminated pursuant to Section 13.1, then no term or condition of this Agreement, or any draft thereof, or discussion, 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 (unless Class Counsel and Defendants mutually agree in writing to proceed with this Agreement); the petition shall be deemed automatically withdrawn; and the Action shall continue as if the Settlement had not occurred. The Parties agree that all drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Action. Even in the event of termination of the Agreement, Defendants shall bear all costs and expenses as set forth in Section VIII of this Agreement, and all costs and expenses incurred prior to the termination date by the Settlement Administrator in administering claims, as provided in Section IV of this Agreement.
Effect if Settlement Not Approved or Agreement is Terminated. If this Agreement is not given preliminary or final approval by the Court, or if an appellate court reverses Final Approval of the Agreement, the Parties will be restored to their respective places in the litigation. In such event, the terms and provisions of this Agreement shall become null and void, will have no further force or effect with respect to the Parties and will not be used in this or any other proceeding for any purposes, and any Judgment or Order entered by the Court in accordance with the terms of this Agreement will be treated as vacated.
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this Agreement does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.7, or if Final Approval is reversed on appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect. All drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel, and only for purposes of the Litigation; provided, however, that they shall not be admissible as evidence in the Litigation. In such event, the Claim Administrator shall return to Defendant such portion of the amounts deposited pursuant to Section 3.2 that are not required to pay for notice and administration then-completed, plus accrued interest.
Effect if Settlement Not Approved or Agreement is Terminated. If the Court does not approve the Settlement, or if the Settlement is reversed or rendered void as a result of an appeal, any amounts paid into the Settlement Fund shall be returned to Defendants, less any notice costs and reasonable, related administrative expenses paid or incurred as of the date of such order, the Settlement and any obligations thereunder shall be rendered void, and the Parties shall revert to their pre-settlement litigation positions. In the event that the Court does not approve the Settlement, the Parties have reserved all rights regarding class certification and the merits, including but not limited to the Parties’ right to engage in discovery and Defendants’ right to oppose any motion for class certification on any and all factual and legal grounds in this or any other action. In the event that the Court does not approve the Settlement, the Parties agree to meet and confer on an appropriate case management schedule to be approved by the Court.
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that certification of the Settlement Class, Preliminary Approval, or Final Approval of the settlement, or any other order necessary to effectuate this Agreement is denied, or this Agreement is not finally approved, or is terminated or cancelled or fails to become effective for any reason whatsoever, or if the Court or a reviewing court takes any action to impair or reduce the scope or effectiveness of the Release set forth in Part IX or to impose greater financial or other burdens on Doctor’s Best than those contemplated in this Agreement, or if Final Approval is reversed on appeal, the Action shall revert to its status as it existed prior to the date of this Agreement, and the Claim Administrator shall return to Doctor’s Best any amounts Doctor’s Best had already deposited that are not required to pay for notice and administration then-completed. In the event of such a reversion, the Parties agree that no class will be deemed to have been certified, and that the proposed or actual certification of a Settlement Class will not be urged or considered as a factor in any subsequent litigation over the certification of a litigation class or classes. Additionally, in the event of such a reversion, this Agreement shall be void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except that the Parties (i) will be prohibited from using this Agreement, any document filed or created in connection with this Agreement, and any settlement or mediation communications as an admission or as evidence for any purpose in the Action and (ii) agree to cooperate in asking the Court to set a reasonable schedule for the resumption of the Action. Alternatively, in the event that certification of the Settlement Class, Preliminary Approval or Final Approval of the settlement, or any other order necessary to effectuate this Agreement is denied, or this Agreement is not finally approved, or is terminated or cancelled or fails to become effective for any reason whatsoever, or if the Court or a reviewing court takes any action to impair or reduce the scope or effectiveness of the Release set forth in Part IX or to impose greater financial or other burdens on Doctor’s Best than those contemplated in this Agreement, or if Final Approval is reversed on appeal, the Parties may, but are not required to, modify this Agreement. Such a modification shall be binding only if it is in...
Effect if Settlement Not Approved or Agreement is Terminated. In the event that this Agreement (including the settlement provided for herein) is not finally approved (including on any appeal), is terminated or cancelled, or fails to become effective for any reason whatsoever, the Litigation shall revert to its status as it existed prior to the date of this Agreement. In such event, neither this Agreement nor any draft thereof, nor any negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, nor any other document filed or created in connection with this settlement, shall have any effect or be admissible in evidence for any purpose in the Litigation or in any other proceeding, and all such documents or information shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel, and in any event only for purposes of the Litigation.
