Defendant’s Option to Terminate Clause Samples
The Defendant’s Option to Terminate clause grants the defendant the explicit right to end the agreement or contract under specified conditions. Typically, this clause outlines the procedures the defendant must follow to exercise this option, such as providing written notice within a certain timeframe or meeting particular criteria, like a change in circumstances or failure of the other party to fulfill obligations. Its core practical function is to provide the defendant with flexibility and control, allowing them to exit the agreement without breaching its terms if certain situations arise, thereby managing risk and ensuring fairness.
Defendant’s Option to Terminate. If more than five percent (5%) of the Class Members submit Exclusion Forms, Defendant, at its sole option, may withdraw from the Settlement and this Agreement is null and void.
Defendant’s Option to Terminate. If ten percent (10%) or more of the Class Members exercise their rights to exclude themselves and opt out of the Settlement, Defendants may, at their sole discretion, unilaterally withdraw from and terminate the Settlement no later than five (5) court days prior to the date of the Final Approval Hearing. If Defendants withdraw, no party may use the fact that the Parties agreed to the Settlement for any reason. Defendants will be responsible for paying Administration Costs if they exercises their right to withdraw from the Settlement pursuant to this provision.
Defendant’s Option to Terminate. Defendant shall retain the right, in the exercise of its sole discretion, to nullify the Settlement if ten percent (10%) or more of the Class Members make a valid request to be excluded from the Settlement. If Defendant exercises this option to nullify the Settlement, Defendant shall pay for all of the third-party administrator’s costs incurred up to the point of Defendant’s notification of nullification of the Settlement. The Parties agree to an opt-out/objection period of thirty (30) days.
Defendant’s Option to Terminate. If more than 250 class members opt out of the settlement, CytoSport has the right in its sole discretion, but not the obligation, to terminate the settlement and revert to the status quo ante.
Defendant’s Option to Terminate. If five percent (5%) or more of the Class Members opt out of this Settlement, then Defendants have, at their sole discretion, the right to withdraw from and void this Settlement, and the Parties will revert to their positions prior to provisional class certification under the terms of this Settlement. This option to terminate the Settlement must be exercised in writing to Class Counsel, sent by email, within ten
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members submit Exclusion Forms, Defendants, at its sole option, may withdraw from the Settlement and this Agreement is null and void.
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members timely opt out of the Settlement, Defendant shall have the sole and absolute discretion to rescind/void the Settlement Agreement within twenty (20) calendar days after receiving from the Settlement Administrator the final list of opt-outs. Defendant agrees to meet and confer in good faith with Class Counsel before rescinding or voiding the Settlement Agreement. In the event that Defendant elects to rescind/void the Settlement Agreement, it shall provide written notice of such rescission to Class Counsel. Such rescission shall have the same effect as a termination of the Settlement Agreement for failure to satisfy a condition of settlement, and the Settlement Agreement shall become null and void and have no further force or effect, and the Class certified pursuant to the Settlement Agreement will be decertified for all purposes, except where the approving Court has approved the PAGA settlement set forth in the Settlement Agreement and Defendant has issued the payment of the PAGA Payment, the release of the PAGA claims shall be binding. If Defendant chooses to terminate the Settlement Agreement under this provision, Defendant shall be responsible to
Defendant’s Option to Terminate. If the number of Settlement Class Members who properly and timely exercise their right to opt out of the Class exceeds 200 Settlement Class Members, Defendants shall have the right, at their sole discretion, to terminate this Agreement without penalty or sanction by providing written notice of the election to do so to all other Parties hereto within ten (10) days after learning from the Settlement Administrator that the number of valid opt outs exceeds 200 Settlement Class Members.
Defendant’s Option to Terminate. If more than five percent (5%) of the Class Members submit Exclusion Forms, Defendants, at its sole option, may withdraw from the Settlement and this Agreement is null and void. To exercise this option Defendants must do so within thirty (30) days after expiration of the opt-out period.
Defendant’s Option to Terminate. If five percent (5%) or more of the Class Members opt out of the Settlement, prior to the Final Fairness Hearing, Defendant, at its sole discretion, may revoke the Settlement and its stipulation to class certification, and this Agreement will become null and void.