If the Settlement Does Not Become Final. If the Court, or a reviewing court, fails to approve the Settlement or modifies or rejects the Settlement’s terms in any material way, the Settlement will be deemed null and void, as if it had never been entered into by the Parties. In the event the Parties disagree over whether a modified or rejected term is material, the Parties shall reengage the mediator, first by way of expedited telephonic mediation and if unsuccessful, then by way of final, binding, non-appealable resolution. In the event the Settlement is deemed null and void, the Parties will resume the Actions as if the Settlement had not been entered, and the terms set forth in this Agreement will have no force and effect and may not be used in these Actions or any other action or proceeding of any kind for any purpose.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement