Termination Based on Exclusion Requests. 27 Defendant, in its sole and absolute discretion, may elect to terminate this Agreement if 28 exclusion requests as provided for in the Preliminary Approval Order exceeds 1% of the Class. 1 Defendants may terminate under this Paragraph by providing written notice of termination to Class 2 Counsel no later than seven (7) calendar days before the Settlement Hearing date set by the Court in 3 the Preliminary Approval Order to consider objections, if any, to the settlement and to enter the 4 Settlement Order and Final Judgment.
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Sources: Class Action Settlement Agreement, Class Action Settlement Agreement