Common use of Failure of Condition Clause in Contracts

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 and/or 13, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred Trusts Settlement Class Members are precluded from reasserting their claims against the Settling Defendants in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts Settlement Class Members may commence a new lawsuit or proceeding against the Settling Defendants, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this the Settlement and Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their its claims and/or defenses against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or has been otherwise concluded, concluded or if the Named Plaintiffs and/or the Preferred Trusts AMAX Settlement Class Members are otherwise precluded from reasserting their claims against the Settling Defendants or any of the other Released Persons in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts AMAX Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsDefendants and/or the other Released Persons, or any one or more of themthem in the same or separate proceedings, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties heretoof the Parties, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred Trusts Wendover Settlement Class Members are precluded from reasserting their claims against the Settling Defendants Wendover in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts Wendover Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsWendover, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- re-commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Approval Order and Judgment and any orders entered in connection with the Settlement, dismissal order or Final Approval Order and Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties and the DBNTC Trusts shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties or the DBNTC Trusts in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred DBNTC Trusts Settlement Class Members are precluded from reasserting their claims against the Settling Defendants or the DBNTC Trusts in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred DBNTC Trusts Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsDefendants and the DBNTC Trusts, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant Defendants and the DBNTC Trusts retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred Trusts Countrywide Settlement Class Members are precluded from reasserting their claims against the Settling Defendants Countrywide in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts Countrywide Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsCountrywide, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- re-commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred Trusts JPMCB/CHF Settlement Class Members are precluded from reasserting their claims against the Settling Defendants JPMCB/CHF in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts JPMCB/CHF Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsJPMCB/CHF, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- re-commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain JPMCB/CHF retains all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their claims against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or otherwise concluded, or if the Named Plaintiffs and/or the Preferred Trusts LaSalle Settlement Class Members are precluded from reasserting their claims against the Settling Defendants ▇▇▇▇▇▇▇ in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts LaSalle Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsLaSalle, or any one or more of them, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- re-commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-time- barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties hereto, and evidence relating to the Agreement and all negotiations relating thereto shall not be admissible or discoverable in the Litigation or otherwise.

Failure of Condition. If, for any reason, this Agreement fails to become effective as provided in Paragraphs 3, 9, 10 9 and/or 1312, each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement, any dismissal entered pursuant to this Agreement, the Final Judgment and any orders entered in connection with the Settlement, dismissal order or Final Judgment, shall be vacated, rescinded, canceled, annulled and deemed “void” and/or “no longer equitable” and/or set aside for a reason that otherwise “justifies relief” for purposes of Fed.R.Civ.P. 60 and/or Mo. Rule 74.06 and the Parties shall be returned to the status quo prior to entering into this the Settlement and Agreement with respect to the Litigation as if this Agreement had never been entered into, except that the provisions of Paragraph 1 hereof shall survive and remain binding on the Parties and effective in all respects regardless of the reasons for such failure of condition and any Party may reassert their its claims and/or defenses against the other Party or Parties in the Litigation; provided, however, that if at such time the Litigation is terminated or has been otherwise concluded, concluded or if the Named Plaintiffs and/or the Preferred Trusts TMS Settlement Class Members are otherwise precluded from reasserting their claims against the Settling Defendants or any of the other Released Persons in the Litigation after requesting the Court to allow them to do so, then the Named Plaintiffs and the Preferred Trusts TMS Settlement Class Members may commence a new lawsuit or proceeding against the Settling DefendantsDefendants and/or the other Released Persons, or any one or more of themthem in the same or separate proceedings, to pursue the claims and causes of action that they are currently asserting in the Litigation as if the claims had been reasserted in the Litigation as stated herein; provided further, however, that any such re- commenced lawsuit shall be filed in the United States District Court for the Western District of Missouri, Western Division. In such event, claims time-barred as of the date of this Agreement remain so and the Settling Defendant retain all defenses, privileges and immunities they had prior to the execution of the Agreement. Further, the Agreement and all negotiations, court orders and proceedings relating thereto shall be without prejudice to the rights of any and all parties heretoof the Parties, and evidence relating to the Agreement and all negotiations shall not be admissible or discoverable in the Litigation or otherwise.