Common use of Arms’ Length Transaction; Materiality of Terms Clause in Contracts

Arms’ Length Transaction; Materiality of Terms. The Parties have negotiated all the terms and conditions of this Settlement Agreement at arm’s length. All terms and conditions of this Settlement Agreement have been relied on by the Parties in entering into this Settlement Agreement. If any Class Member petitions the Court for a modification of, addition to, or alteration of any material term or condition of this Settlement Agreement, and if the Court on such request or sua sponte does modify, add to or alter any of the material terms or conditions of this Settlement Agreement, this Settlement Agreement will become voidable. In that event a Party may void the Agreement by filing with the Court a Notice of Withdrawal from settlement within five (5) days after receipt of any order or final statement of the Court modifying, adding to or altering any of the material terms or conditions of this Settlement Agreement.