Termination of the Settlement Agreement. 1. This Settlement Agreement shall terminate without further action of the Parties if (a) the Court does not enter preliminary approval of the settlement as to both Settlement Classes; (b) the Court does not enter final approval of the settlement as to both of the Settlement Classes; or
Termination of the Settlement Agreement. 16 229. The Parties anticipate that the City and SPD will have reached full and effective 17 compliance with this Agreement within five years of its Effective Date. The Parties may agree 18 to jointly ask the Court to terminate this Agreement prior to this date, provided the City and SPD 19 have been in full and effective compliance with this Agreement for two years. 20 230. The City may petition the Court to terminate this Agreement or portions of this 21 Agreement at any time. In the case of termination sought by the City, prior to filing a motion to 22 terminate, the City agrees to notify DOJ in writing when the City has determined that SPD is in 23 full and effective compliance with this Agreement, including through the alternative method of 1 compliance using outcome assessments, and that such compliance has been maintained for no 2 less than two years. The Monitor will certify whether he or she agrees that the City is in 3 compliance with the Settlement Agreement or portions of the Settlement Agreement at the time 4 of the notification. No later than 21 days thereafter, the Parties will meet and confer at a 5 mutually agreeable time as to the status of compliance. If, after a reasonable period of 6 consultation and the completion of any additional audit or evaluation that DOJ and/or the 7 Monitor may wish to undertake, including on-site observations, document review, or interviews 8 with the City and SPD’s personnel, the Parties cannot resolve any compliance issues, the City 9 may file a motion to terminate the Settlement Agreement. If the City moves for termination of 10 the Settlement Agreement, DOJ will have 45 days after the receipt of the City’s motion to file an 12 to terminate the Settlement Agreement. If DOJ does file an objection, the Court will hold a 13 hearing on the motion and the burden will be on the City to demonstrate by a preponderance of 14 the evidence that the City has been in full and effective compliance with the Settlement 15 Agreement for the preceding two years, unless the Monitor certifies the City is in compliance 16 with either the full Settlement Agreement or a portion of the Settlement Agreement, in which 17 case DOJ will have the burden of proving non-compliance. 18 20 22
Termination of the Settlement Agreement. If the Court does not approve any material condition of this Settlement Agreement that effects a fundamental change to the terms of this Settlement hereunder, including but not limited to, the Settlement Sum, the programmatic relief, payments for Plaintiffs’ attorneys’ fees in excess of thirty percent (30%) plus costs, or the scope of the releases in Section V of this Settlement Agreement, Defendants may treat the entire Settlement Agreement as void and unenforceable. The application for attorneys’ fees, costs and expenses, as set forth in Section XII, is a matter separate and apart from the Settlement Agreement among the parties, and no decision by the Court concerning the granting, in whole or in part, of such attorneys’ fees, costs or expenses as set forth herein shall affect the validity of this Settlement Agreement or finality of the Settlement Agreement in any manner.
Termination of the Settlement Agreement. 11.1. This Settlement Agreement shall be terminated at any time by agreement of all the Parties except that FWS may terminate its own involvement in this agreement by providing written notice to all other parties.
Termination of the Settlement Agreement. This Settlement Agreement terminates on December 31, 2022 unless extended pursuant to section VI.E.
Termination of the Settlement Agreement. (a) Upon the later to occur of (i) the organization of the Class Entity and the transfers to the Class Entity as contemplated by Sections 8 and 9 hereof, after approval by the Court, and (ii) the selection and taking of office of the successor general partner of the Partnership on the terms and conditions set forth in this Agreement, the Settlement Agreement and the Settlement Plan thereunder shall terminate.
Termination of the Settlement Agreement. In the event that the Settlement Agreement is voided, terminated or cancelled, or fails to become effective for any reason whatsoever, then within 10 days after written notice is sent by Plaintiffs’ Settlement Counsel or by counsel for Defendant Xcel Energy, Inc. to the Escrow Agent and all other parties, the Settlement Fund shall be refunded to the persons who made payments into such funds, plus all interest earned thereon, less: (1) reasonable Escrow Agent fees and expenses as described in Paragraph IV(A) above; (2) any amounts actually disbursed, billed or incurred for tax liabilities on the Settlement Fund or expenses incurred in preparation of necessary forms and reports with respect thereto, if any; and (3) expenditures actually disbursed, billed or incurred for administration as set forth in the Settlement Agreement.
Termination of the Settlement Agreement. If the Court does not approve any material condition of this Settlement Agreement that effects a fundamental change to the terms of this Settlement hereunder, including but not limited to the amount of the Settlement Fund or the scope of the releases in Section V of this Settlement Agreement, Defendant may treat the entire Settlement Agreement as void and unenforceable. The application for attorneys’ fees, costs and expenses, as set forth in Section VIII, is a matter separate and apart from the Settlement Agreement among the parties, and no decision by the Court concerning the granting, in whole or in part, of such attorneys’ fees, costs or expenses as set forth herein shall affect the validity of this Settlement Agreement or the finality of the Settlement Agreement in any manner.
Termination of the Settlement Agreement. (Year 6, Month 12) Our approach is designed to ensure that the City and APD will be in full compliance with the Settlement Agreement within five years of initiation of the Agreement. Our approach is scalable and flexible to ensure efficiency throughout the monitoring process while providing three years of assessment, training, and progress towards compliance, and two additional years for sustain- ment of progress on reforms once compliance is attained.
Termination of the Settlement Agreement b. the Conforming Plan and Disclosure Statement shall not have been filed with the Bankruptcy Court on or prior to June 8, 2012;
