Effect of Failure to Grant Final Approval. In the event the Court does not enter Judgment in accordance with this Settlement Agreement, or the Settlement Agreement does not receive Final Approval as defined herein, the Parties will proceed as follows: 1. The Case will resume unless the Parties jointly agree to: (a) seek reconsideration or appellate review of the decision denying entry of Judgment, or (b) attempt to renegotiate the Settlement Agreement and seek Court approval of a renegotiated settlement. 2. In the event any reconsideration or appellate review contemplated by Section 3. If the Settlement Agreement is not approved, the Case will proceed as if no settlement has been attempted. In that event, the class certified for purposes of settlement will be decertified, and Defendants retain the right to contest whether this action should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs in this Case.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement