Termination Procedure And Effect. Any election of the right to terminate this Agreement may be done only by giving written notice to all counsel of record and to the Settlement Administrator. Notice of termination pursuant to Sections 11.1 or 11.3 must be given prior to the Final Effective Date. Notice of termination pursuant to Section 9.2 must be given within 60 days after the expiration of the Opt Out Period, or prior to the Final Approval hearing, whichever is earlier. However, Settlement Class Counsel and Defendant may agree in writing to extend these deadlines. If any Party terminates this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3 the termination shall void all of the rights, obligations, and releases under this Agreement, except for Sections 13.1, 13.2, 13.3 and those provisions of this Agreement that are necessary to effectuate the termination. Within 30 days after a notice of termination is mailed, the Settlement Administrator shall return all settlement payments made prior to such withdrawal (inclusive of interest and exclusive of notice and administration costs already expended). If this Agreement is terminated before Defendant deposits sufficient funds to cover notice and administrative costs already expended, Defendant shall send to the Settlement Administrator an amount sufficient to cover the foregoing items within 30 calendar days after receipt of the Settlement Administrator’s schedule of the amounts due. If this Agreement is terminated after the Settlement Administrator has paid any or all of the award(s) for Settlement Class Counsel Fees, Settlement Class Counsel Costs, and/or the incentive payments for the Settlement Class Representatives, the recipients of those payments shall return the full amount of such payments to the Settlement Administrator within 10 calendar days after notice of withdrawal, and the Settlement Administrator shall then promptly return such funds to Defendant.
Termination Procedure And Effect. Any election of the right to terminate this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3 may be done only by giving written notice to all counsel of record and to the Settlement Administrator prior to the Final Effective Date. If any Party terminates this Agreement pursuant to Sections 11.1, 11.2, and/or 11.3, the termination shall void all of the rights, obligations, and releases under this Agreement, except for Sections 13.1, 13.2, 13.3 and those provisions of this Agreement that are necessary to effectuate the termination. Within 30 days after a notice of termination is received, the Settlement Administrator shall return all settlement payments made prior to such withdrawal (inclusive of interest and exclusive of notice and administration costs already expended). If this Agreement is terminated before Defendant deposits sufficient funds to cover notice and administrative costs already expended, the terminating party shall pay the Settlement Administrator an amount sufficient to cover the notice and administrative costs already expended within 60 calendar days after receipt of the Settlement Administrator’s invoice for the amounts due. If this Agreement is terminated by Settlement Class Counsel after Defendant has already paid Settlement Administrator invoices for notice and administrative costs expended, Settlement Class Counsel shall reimburse Defendant for those notice and administrative costs paid within ten (10) calendar days after notice of termination.
Termination Procedure And Effect. If Defendant elects to terminate this 10 Agreement pursuant to Sections 8.1, 8.2, and/or 8.3, Defendant may do so by giving written notice 11 to Settlement Class Counsel. Notice of termination pursuant to Section 8.1 must be given within 12 thirty (30) calendar days of the act or order declining to enter the Order or modifying this 13 Agreement, unless subject to further appeal, in which case the notice must be given prior to the 14 Final Effective Date. Notice of termination pursuant to Section 8.2 must be given prior to Final 15 Approval. Notice of termination pursuant to Section 8.3 must be given prior to the Final Effective 16 Date. If Defendant terminates this Agreement pursuant to Section 8, the termination shall void all 17 of the rights, obligations, and releases under this Agreement, except for those provisions that are 18 necessary to effectuate the termination. Within fifteen (15) calendar days after notice of 19 termination, the Settlement Administrator shall return all settlement payments made by Defendant 20 prior to such termination (inclusive of any interest and exclusive of notice and administration costs 21 already expended). The Settlement Administrator shall then allocate such previously expended 22 notice and administration costs equally between Plaintiff and Defendant and invoice Plaintiff and 23 Defendant for half of such costs (with a credit to Defendant for previously paid costs). All 24 payments to the Settlement Administrator shall be due thirty (30) calendar days after receipt of the
Termination Procedure And Effect. If Defendant elects to terminate this Agreement pursuant to Section III.F.9.a, b., or c., Defendant may do so by giving written notice to Class Counsel. Notice of termination must be given within thirty (30) days of the act or order or report from the Settlement Administrator giving rise to the right to terminate, unless extended by the mutual agreement of the parties. If Defendant terminates this Agreement, the termination shall void all of the rights, obligations, and releases under this Agreement, except for those provisions that are necessary to effectuate the termination. Within fifteen (15) calendar days after notice of termination, the Settlement Administrator shall return all settlement payments made by Defendant prior to such termination (inclusive of interest and exclusive of notice and administration costs already expended).
Termination Procedure And Effect. Any Party who seeks to terminate this Agreement pursuant to Sections 8.1, 8.2, or 8.3 shall give written notice of such intention to the other Party’s counsel and to the Settlement Administrator. Notice of intent to terminate pursuant to Sections 8.1 or 8.3 must be given prior to the Final Effective Date. Notice of intent to terminate pursuant to Section 8.2 must be given within 60 days after the expiration of the Opt Out Period, or prior to the Final Approval hearing, whichever is earlier. Within 30 days after notice of an intent
Termination Procedure And Effect. If this Agreement is terminated pursuant to this Article, the party or parties so electing to terminate shall give written notice to that effect to the other party or parties, and this Agreement shall terminate and the transactions contemplated by this Agreement shall be abandoned without further action by either party. Buyer shall then return to Seller all documents and copies and other materials received by Buyer. If this Agreement is terminated other than pursuant to a breach by Buyer or by Seller, the parties shall have no further duties, obligations, or rights to or against each other except for the provisions of this Agreement relating to confidentiality and use of confidential or proprietary information. If this Agreement is terminated pursuant to a breach of this Agreement by Buyer, Seller shall have the right to pursue any rights and remedies as Seller may have, at law or in equity, against Buyer with respect to the breach. If this Agreement is terminated pursuant to a breach of this Agreement by Seller, Buyer shall have the right to pursue any rights and remedies as Buyer may have, at law or in equity, against Seller with respect to the breach.
Termination Procedure And Effect. In the event of termination pursuant to this Article 9, a written notice thereof shall forthwith be given by the terminating party to the other party and the Transactions shall be abandoned without further actions. If the Transactions are abandoned as provided herein, then:
