Effect if Settlement Not Approved or Agreement is Terminated Sample Clauses

Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement (other than a downward modification of the Fee Award Plaintiffs’ Counsel will seek under Section 5.1 or the Service Awards Plaintiffs will seek under Section 5.2) does not occur for any reason, or if Final Approval is reversed on appeal (other than a reduction of any Fee Award awarded to Plaintiffs’ Counsel or a reduction of any Service Award awarded to Plaintiffs), then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, the Second Amended Complaint for Settlement shall be deemed automatically withdrawn, and the parties will be restored to their respective places in the Action as of the Court’s March 2, 2023 order staying the case deadlines. The Parties agree that all drafts, discussions, negotiations, documentation, or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Action. In addition, any objections or interventions may not be used as evidence in the Action or any other proceeding for any purpose whatsoever.
Sample 1Sample 2See All (12)
AutoNDA by SimpleDocs
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this Agreement does not occur for any reason, including without limitation termination of this Agreement pursuant to Section 7.7, or if Final Approval is reversed on appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect. All drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel, and only for purposes of the Litigation; provided, however, that they shall not be admissible as evidence in the Litigation. In such event, the Claim Administrator shall return to Defendant such portion of the amounts deposited pursuant to Section 3.2 that are not required to pay for notice and administration then-completed, plus accrued interest.
Sample 1Sample 2See All (6)
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that Preliminary or Final Approval of this settlement and this Agreement does not occur for any reason, or if Final Approval is reversed on appeal, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Litigation, or in any other proceeding, and the Litigation shall continue as if the settlement had not occurred. The Parties agree that all drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement, and the Parties’ settlement discussions, shall be treated as strictly confidential and may not, absent a court order, be disclosed to any Person other than the Parties’ counsel, and only for purposes of the Litigation.
Sample 1Sample 2Sample 3See All (5)
Effect if Settlement Not Approved or Agreement is Terminated. If this Agreement is not given preliminary or final approval by the Court, or if an appellate court reverses Final Approval of the Agreement, the Parties will seek in good faith to revise the Agreement as needed to obtain Court approval, provided, however, that no party may use subsequent legal developments or other intervening events, other than the decision(s) denying or reversing approval of the Agreement, as justification for renegotiating the settlement. Failing this, the Parties will be restored to their respective places in the litigation. In such event, the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and will not be used in this or any other proceeding for any purposes, and any Judgment or Order entered by the Court in accordance with the terms of this Agreement will be treated as vacated.
Sample 1Sample 2See All (4)
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement was entered into only for purposes of settlement. In the event that certification of the Settlement Class, Preliminary Approval, or Final Approval of the settlement, or any other order necessary to effectuate this Agreement is denied, or this Agreement is not finally approved, or is terminated or cancelled or fails to become effective for any reason whatsoever, or if the Court or a reviewing court takes any action to impair or reduce the scope or effectiveness of the Release set forth in Part IX or to impose greater financial or other burdens on Doctor’s Best than those contemplated in this Agreement, or if Final Approval is reversed on appeal, the Action shall revert to its status as it existed prior to the date of this Agreement, and the Claim Administrator shall return to Doctor’s Best any amounts Doctor’s Best had already deposited that are not required to pay for notice and administration then-completed. In the event of such a reversion, the Parties agree that no class will be deemed to have been certified, and that the proposed or actual certification of a Settlement Class will not be urged or considered as a factor in any subsequent litigation over the certification of a litigation class or classes. Additionally, in the event of such a reversion, this Agreement shall be void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except that the Parties (i) will be prohibited from using this Agreement, any document filed or created in connection with this Agreement, and any settlement or mediation communications as an admission or as evidence for any purpose in the Action and (ii) agree to cooperate in asking the Court to set a reasonable schedule for the resumption of the Action. Alternatively, in the event that certification of the Settlement Class, Preliminary Approval or Final Approval of the settlement, or any other order necessary to effectuate this Agreement is denied, or this Agreement is not finally approved, or is terminated or cancelled or fails to become effective for any reason whatsoever, or if the Court or a reviewing court takes any action to impair or reduce the scope or effectiveness of the Release set forth in Part IX or to impose greater financial or other burdens on Doctor’s Best than those contemplated in this Agreement, or if Final Approval is reversed on appeal, the Parties may, but are not required to, modify this Agreement. Such a modification shall be binding only if it is in...
Sample 1Sample 2
Effect if Settlement Not Approved or Agreement is Terminated. If the Court does not approve the Settlement, or if the Settlement is reversed or rendered void as a result of an appeal, any amounts paid into the Settlement Fund shall be returned to Defendants, less any notice costs and reasonable, related administrative expenses paid or incurred as of the date of such order, the Settlement and any obligations thereunder shall be rendered void, and the Parties shall revert to their pre-settlement litigation positions. In the event that the Court does not approve the Settlement, the Parties have reserved all rights regarding class certification and the merits, including but not limited to the Parties’ right to engage in discovery and Defendants’ right to oppose any motion for class certification on any and all factual and legal grounds in this or any other action. In the event that the Court does not approve the Settlement, the Parties agree to meet and confer on an appropriate case management schedule to be approved by the Court.
Sample 1Sample 2
Effect if Settlement Not Approved or Agreement is Terminated. In the event that this Agreement (including the settlement provided for herein) is not finally approved (including on any appeal), is terminated or cancelled, or fails to become effective for any reason whatsoever, the Litigation shall revert to its status as it existed prior to the date of this Agreement. In such event, neither this Agreement nor any draft thereof, nor any negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, nor any other document filed or created in connection with this settlement, shall have any effect or be admissible in evidence for any purpose in the Litigation or in any other proceeding, and all such documents or information shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel, and in any event only for purposes of the Litigation.
Sample 1
AutoNDA by SimpleDocs
Effect if Settlement Not Approved or Agreement is Terminated. This Agreement is being entered into for purposes of settlement only. In the event that Final Approval of this settlement does not occur for any reason, including, without limitation, termination of this Agreement pursuant to Paragraphs 7.6 or 7.7, then no term or condition of this Agreement, or any draft thereof, or discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Litigation, or in any other proceeding (with the exception that the deposition of EarthLink taken on January 14, 2010, pursuant to O.C.G.A. § 9 - 11-30(b)(6) shall be considered to have been taken as part of the Litigation and shall have full effect therein); the Litigation may continue as if the settlement had not occurred; and any order conditionally certifying or approving a settlement shall be vacated. The Parties agree that all drafts, discussions, negotiations, documentation or other information prepared in relation to this Agreement and the Parties’ settlement discussions shall be treated as strictly confidential and may not, absent a court order, be disclosed to any person other than the Parties’ counsel and the Parties, and only for purposes of the Litigation.
Sample 1

Related to Effect if Settlement Not Approved or Agreement is Terminated

  • If Settlement Agreement is Terminated (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:

  • Termination of Collocation Arrangement CLEC may terminate a completed Collocation arrangement by a Collocation Decommission or a Collocation Transfer of Responsibility. A Collocation site is only eligible for Collocation Decommission or a Collocation Transfer of Responsibility after the site is built-out and accepted by CLEC. Abandoned equipment shall be handled as detailed in Section 8.2.1.22.3.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Termination Due To Lack of Funds a. In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours written notice to the Vendor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

  • Rescission and Early Termination of Contract The Illinois Commerce Commission is considering rescission and early termination of contract regulations that may afford you opportunities within certain parameters to rescind or terminate your contract without incurring an early termination fee. In addition, your DSP’s tariff (which is on file with the Illinois Commerce Commission) may contain provisions regarding penalty-free rescission periods. DES will comply with all applicable provisions and regulations concerning rescission and early termination of contract. Shortly after your election to take service from DES, your DSP should provide you an enrollment notice informing you of any rescission rights you may have and the last day for making a request to rescind. If you rescind this Agreement within the timeframe specified by your DSP, your enrollment with DES will be cancelled without penalty to you. Upon rescission in accordance with applicable law, this Agreement will be considered cancelled and neither party shall have any further obligation hereunder to each other. If you do not rescind this Agreement, you still may terminate the Agreement without any termination fee or penalty within 10 business days after the date of the first xxxx issued to you under this Agreement by calling DES toll-free at 000-000-0000 to let DES know to terminate this Agreement. You may terminate a residential electric supply agreement in this manner only one time in any 12 month period. Upon termination, you will remain responsible for all obligations, including payment for Retail Power and related costs and charges, incurred under this Agreement prior to the effective date of termination, including any applicable termination fee.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Survives Termination The Contractor’s confidentiality obligation under the Contract shall survive termination of the Contract.

  • Vendor’s Termination If TIPS fails to materially perform pursuant to the terms of this Agreement, Vendor shall provide written notice to TIPS specifying the default (“Notice of Default”). If TIPS does not cure such default within thirty (30) days, Vendor may terminate this Agreement, in whole or in part, for cause. If Vendor terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.

  • Termination of Contract The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract.

  • Complete Disposal Upon Termination of Service Agreement Upon Termination of the Service Agreement Provider shall dispose or delete all Student Data obtained under the Service Agreement. Prior to disposition of the data, Provider shall notify LEA in writing of its option to transfer data to a separate account, pursuant to Article II, section 3, above. In no event shall Provider dispose of data pursuant to this provision unless and until Provider has received affirmative written confirmation from LEA that data will not be transferred to a separate account.

Time is Money Join Law Insider Premium to draft better contracts faster.