No Opt-Out. The Parties agree that the Settlement Class shall be certified in accordance with the standards applicable under Rule 23(b)(2) of the Federal Rules of Civil Procedure and that, accordingly, no Settlement Class member may opt out of any of the provisions of this Settlement Agreement. The Parties further agree that any order, ruling, or determination by or of the District Court or any other court that permits or allows any Settlement Class member to opt out of any of the provisions of this Settlement Agreement shall constitute a material modification of this Settlement Agreement, shall prevent the Judgment from becoming Final and shall give any Party the right to terminate this Settlement Agreement in its entirety.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement