Effect of Withdrawal or Termination. In the event that the Settlement Agreement is terminated pursuant to its terms or is not approved in any material respect by the Court, or such approval is reversed, vacated, or modified in any material respect by the Court or by any other court, or otherwise fails to become Final: (a) The Settlement Agreement shall become null and void and of no further force and effect (except for Paragraphs 31, 32, 34, 35, 49, and 54, which shall survive the termination); (b) The Amended Class Action Complaint filed pursuant to Paragraph 2 shall be withdrawn and the separate complaints predating the Settlement in the Settled Actions shall again be the operative complaints in those cases; (c) The certification of the Settlement Class shall be deemed vacated; (d) The Parties shall be restored to their litigation position existing before the execution of this Settlement Agreement; and, (e) The Settled Actions shall proceed as if the Settlement Class had never been certified and no reference to the Settlement Class, this Settlement Agreement or any documents, communications or negotiations related in any way thereto shall be made for any purpose in the Litigation or in any other action or proceeding.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement