Nullification of Settlement Agreement. In the event that this Settlement Agreement is not preliminarily or finally approved by the Court, fails to become effective, or is reversed, withdrawn or modified by the Court, or in any way prevents or prohibits Defendant from obtaining a complete resolution of the claims described herein:
Nullification of Settlement Agreement. In the event that: (a) the Court does not finally approve the Settlement as provided herein; or (b) the Settlement does not become final for any other reason, then this Settlement Agreement, and any documents generated to bring it into effect, shall be null and void. Any order or judgment entered by the Court in furtherance of this Settlement Agreement shall likewise be treated as void from the beginning.
Nullification of Settlement Agreement. In the event that: (a) the Court does not finally approve the Settlement as provided herein; (b) the Court strikes or does not approve any material term of this Settlement Agreement; or (c) the Settlement does not become final as written and agreed to by the Parties for any other reason, then this Settlement Agreement, and any documents generated to bring it into effect, will be null and void, all amounts deposited into the QSF will be returned to Defendants, and the Parties shall be returned to their original respective positions. Any order or judgment entered by the Court in furtherance of this Settlement Agreement will likewise be treated as void from the beginning. Should the Court fail to approve this settlement for any reason, the Parties agree that they will return to and attend mediation with a mutually agreed Mediator in an effort to reach a settlement that may be approved by the Court.
Nullification of Settlement Agreement. In the event that: (a) the Court does not finally approve the Settlement as provided herein; (b) the Court strikes or does not approve any material term of this Settlement Agreement; or (c) the Settlement does not become final as written and agreed to by the Parties for any other reason, then this Settlement Agreement, and any documents generated to bring it into effect including the Memorandum of Agreement, will be null and void, all amounts deposited into the QSF will be returned to Defendant, and the Parties shall be returned to their original respective positions. Any order or judgment entered by the Court in furtherance of this Settlement Agreement will likewise be treated as void from the beginning. XXXXXX, X. S Center 8th Street N 55402. 2136
Nullification of Settlement Agreement. In the event: (i) the Court denies with prejudice preliminary approval of the Settlement; (ii) the Court denies with prejudice final approval of the Settlement; (iii) the Court refuses to enter a Final Judgment as provided herein; or (iv) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void from the beginning. To the extent that more than 75 Settlement Class Members submit valid Requests for Exclusion, Amazon has the option to nullify this settlement within ten (10) days of notification by the Settlement Administrator after the Response Deadline of the total number of Requests for Exclusion, via a written notice to Plaintiff’s counsel. If Amazon exercises this option, the Settlement will become void and unenforceable in its entirety and the Parties shall be returned to their status as if this Agreement had not been executed, except that any fees already incurred by the Settlement Administrator shall be paid by Amazon.
Nullification of Settlement Agreement. 1. If more than two and one-half percent (2.5%) of the members of the Settlement Class opt out of the Settlement Class by submitting valid and timely Requests for Exclusion as set forth in Section III.9(d) of this Agreement, Defendant shall have the right in its sole and exclusive discretion to rescind and void this Settlement Agreement at any time before final approval by the Court, by providing written notice to Class Counsel that Defendant revokes the Settlement pursuant to this paragraph within ten (10) business days from the date on which the Claims Administrator furnishes the parties with the number of valid and timely Requests for Exclusion, as set forth in Section III.9(d). If Defendant exercises this option, or if the court fails to approve this Agreement, neither Defendant nor any other Releasee shall have any obligation to make any payments under this Agreement and Defendant shall receive a return of any funds already paid. In such a case, Defendant shall pay all Claims Administration Expenses incurred up to that date.
Nullification of Settlement Agreement. In the event: (i) CertifiedSafety rescinds this Settlement Agreement as set forth herein; (ii) the Court does not finally approve the Settlement as provided herein; (iii) the Court does not enter a final judgment as provided herein, which becomes final as a result of the occurrence of the Effective Date; or (iv) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void from the beginning. In such a case, and if the Parties are unable to reach an amended Settlement addressing the Court’s reasons for denying approval of the Settlement, the Parties shall be returned to their respective statuses as of the date and time immediately before the execution of this Settlement Agreement and the Parties shall proceed in all respects as if this Settlement Agreement had not been executed. In the event an appeal is filed from the Court’s final judgment, or any other appellate review is sought before the Effective Date, administration of the Settlement shall be stayed pending final resolution of the appeal or other appellate review (unless otherwise agreed to by the Parties).
Nullification of Settlement Agreement. In the event that prior to the 15 Effective Date: (i) the Court does not enter a Preliminary Approval Order; (ii) the Court 16 does not finally approve the Settlement as provided herein; (iii) the Court does not enter a 18 Effective Date; (iv) more than ten percent (10%) of Plaintiffs submit valid opt-out election 19 forms and Defendants exercise their option to terminate the Settlement Agreement; or (v) 20 the Settlement does not become final for any other reason, this Settlement Agreement shall 21 be null and void and any order or judgment entered by the Court in furtherance of this 22 Settlement shall be treated as void ab initio. In that case, the Parties will seek to reach a 23 revised agreement acceptable to them to be presented to the Court. In the event the Parties 24 cannot reach a mutually acceptable revised agreement, they shall ask the mediator to assist 25 them in resolving the remaining disputes before litigating further. In the event the Parties 26 are unable to reach a revised agreement, or any such revised agreement is not approved by 27 the Court, the Parties shall proceed in all respects as if this Settlement Agreement had not 28 been executed and Defendants will not make any payments under this Settlement 1 Agreement, except that any fees already incurred by the Settlement Administrator shall be 2 paid for equally by the Parties. In the event an appeal is filed from the Court's Final 3 Judgment, or any other appellate review is sought prior to the Effective Date, 4 administration of the Settlement shall be stayed pending final resolution of the appeal or 5 other appellate review. 6
Nullification of Settlement Agreement. 4.1 New York & Company’s Right to Revoke. New York & Company has the right in its sole and exclusive discretion to terminate and withdraw from the Settlement at any time prior to the Fairness Hearing if: (a) the Court makes an order inconsistent with any of the terms of this Settlement (except for an order reducing the Class Counsel award or the Plaintiffs’ Individual Settlement Awards); or (b) any court following the signing of this Settlement Agreement but before the Fairness Hearing, certifies, whether on a conditional basis or not, a class, collective, or representative action involving a claim described in the Action by potential class members covered by this Settlement; or (c) more than one hundred (100) Class Members timely and validly opt out of the Settlement; or (d) Plaintiffs breach the Settlement Agreement.
Nullification of Settlement Agreement. In the event (i) the Court does not enter the Preliminary Approval Order in substantially the form agreed by the parties hereto; (ii) the Court does not finally approve the settlement as provided herein and enter a Judgment substantially in the form attached hereto; (iii) the Effective Date does not occur; or (iv) the settlement does not become final for any other reason, this Settlement Agreement shall be null and void, except insofar as it provides for the return of any monies paid UNITED STATES in furtherance of the settlement.
