Modifications Suggested by the Court Sample Clauses

Modifications Suggested by the Court. If the Court suggests any modifications to the Agreement or conditions either Preliminary Approval or Final Approval on modifications to the Agreement, the Parties shall, working in good faith and consistent with the Agreement, endeavor to cure any such deficiencies identified by the Court. However, the Parties shall not be obligated to make any additions or modifications to the Agreement that would affect the benefits provided to Settlement Class Members, or the cost to or burden on Defendant, the content or extent of Notices required to Settlement Class Members, or the scope of any of the releases contemplated in this Agreement. If the Court orders or proposes such additions or modifications, the Parties will each have the right to terminate the Settlement Agreement within 7 days from the date of the Court’s order or proposal. If either Party elects to terminate the Settlement Agreement pursuant to this section, the Agreement will be deemed null and void ab initio and the provisions of § 7.5 will apply.
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Modifications Suggested by the Court. If the Court suggests any modifications to the Agreement or conditions entry of the Preliminary Approval Order, Final Approval Order, or Final Judgment on modifications to the Agreement, the Parties shall, working in good faith and consistent with the Agreement, endeavor to cure any such deficiencies identified by the Court.
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Modifications Suggested by the Court. If the Court suggests any modifications to the Settlement Agreement or seeks to condition entry of the Preliminary Approval Order or Final Approval Order on modifications to the Agreement, the Parties shall, working in good faith and consistent with the Agreement, endeavor to cure any such deficiencies identified by the Court. However, Defendant shall not be obligated to make any additions or modifications to the Agreement that would affect the Benefits provided to Settlement Class Members, the structure of the Settlement Sum, the cost to or burden on Defendant, or the scope of any of the Released Claims contemplated in this Agreement.
Sample 1
Modifications Suggested by the Court. If the Court (1) suggests any modifications to the Agreement or (2) conditions either Preliminary Approval or Final Approval on modifications to the Agreement, the Parties shall, working in good faith and consistent with the Agreement, endeavor to cure any such deficiencies identified by the Court. However, the Parties shall not be obligated to make any material additions or modifications to the Agreement that would substantially affect the benefits provided to Settlement Class Members, or the cost to or burden on Adobe, or the scope of any of the releases contemplated in this Agreement. If the Court orders or proposes such additions or modifications, or if a higher court reverses the Final Approval Order, and this Agreement is not reinstated by the Court on remand without material change or as agreed to by the Parties, the Parties will each have the right to terminate the Settlement Agreement within seven days from the date of the Court’s order or proposal, after all reasonable efforts are made to obtain preliminary or final approval. If any Party elects to terminate the Settlement Agreement pursuant to this section, the Agreement will be deemed null and void ab initio and the provisions of § 4.5 will apply.
Sample 1
Modifications Suggested by the Court. If the Court suggests any modifications to the Agreement or conditions for entry of the Preliminary Approval Order, Final Approval Order and Judgment on modifications to the Agreement, the Parties shall, working in good faith and consistent with the Agreement, endeavor to cure any such deficiencies identified by the Court. However, the Parties shall not be obligated to make any additions or modifications to the Agreement that would affect the benefits provided to Settlement Class Members, or the cost to or burden on StubHub, the content or extent of notices required to Class Members, or the scope of any of the releases contemplated in this Agreement. Specifically, both parties acknowledge that StubHub has made significant changes to its purchase flow since the start of this litigation, including (among other things) making a “fee toggle” feature more prominent. StubHub has no present intention of changing the prominence of the fee disclosures on its website and StubHub shall not be required to make additional changes to its website or purchase flow as part of this Settlement, and reserves the right to make changes in the future. If the Court orders or proposes such additions or modifications, generally, the Parties will have the right to terminate the Settlement Agreement within twenty-one (21) days from the date of the Court’s order or proposal, unless otherwise agreed by the Parties. If the Court specifically orders or proposes changes to StubHub’s purchase flow, StubHub, but not Plaintiffs, shall have the right to terminate the Settlement Agreement within twenty-one (21) days from the dates of the Court’s order or proposal, unless otherwise waived. If either Party elects to terminate the Settlement Agreement pursuant to this section, the Agreement will be deemed null and void ab initio and the provisions of Section 8.3 will apply. Upon termination of the Settlement Agreement, any unused portions of the initial payment(s) made to the Settlement Administrator under Section
Sample 1

Related to Modifications Suggested by the Court

  • Payment by the Judicial Council A. In accordance with the terms and conditions of this Agreement, the Judicial Council will pay the Contractor the actual cost not to exceed the total Contract Amount, as set forth in Table 1, below, for performing the Work of this Agreement. Payment will be at the prices set forth herein and based upon the actual and allowable cost to perform the Work. Table 1: Description Exhibit Estimated Total Cost Sleeping Rooms C $@,@@@.@@ Meeting and Function Rooms D $@,@@@.@@ Food and Beverage Service E $@,@@@.@@ Miscellaneous Requirements and Expenses F $@,@@@.@@ Total Contract Amount: $@@@@.@@

  • Termination by the City 96.1. In addition to termination pursuant to any other article of this Contract, the Commissioner may, at any time, terminate this Contract by written notice to the Contractor. In the event of termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the Commissioner:

  • Acceptance by the City It is expressly understood and agreed that all materials provided and/or work done by the Contractor shall be subject to inspection and acceptance by the City at its discretion, and that any progress inspections and approval by the City of any item or work shall not forfeit the right of the City to require the correction of faulty workmanship or material at any time during the course of the work, although previously approved by oversight. Nothing herein contained shall relieve the Contractor of the responsibility for proper construction and maintenance of the work, materials and equipment required under the terms of this Contract until all work has been completed and accepted by the City.

  • Modification by the Parties The Parties may by mutual agreement amend the Appendices to this Agreement, by a written instrument duly executed by all three of the Parties. Such an amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations.

  • Determinations and Actions by the Board of Directors All actions, calculations and determinations (including all omissions with respect to the foregoing) which are done or made by the Board of Directors in good faith pursuant to this Agreement, shall not subject the Board of Directors to any liability to the holders of the Rights.

  • Review by the Bank of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Bank’s Prior Review. All other contracts shall be subject to Post Review by the Bank.

  • initiated by ICANN Upon reaching 10% of the Emergency thresholds as described in Section 6 of this Specification, ICANN’s emergency operations will initiate an Emergency Escalation with the relevant Registry Operator. An Emergency Escalation consists of the following minimum elements: electronic (i.e., email or SMS) and/or voice contact notification to the Registry Operator’s emergency operations department with detailed information concerning the issue being escalated, including evidence of monitoring failures, cooperative trouble-shooting of the monitoring failure between ICANN staff and the Registry Operator, and the commitment to begin the process of rectifying issues with either the monitoring service or the service being monitoring.

  • Determinations by the Director All determinations required by the Director under this Agreement are subject to an HSP’s rights of review and appeal under the Act.

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • OBJECTIVE OF THE CITY 8. It is agreed that the delivery of municipal services in the most efficient, effective and courteous manner is of paramount importance to the City and its employees. Such achievement is recognized to be a mutual obligation of the parties to this MOU within their respective roles and responsibilities.

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