Common use of Invalidity on Modification or Disapproval Clause in Contracts

Invalidity on Modification or Disapproval. In the event any court disapproves or sets aside this Settlement Agreement or any material part hereof for any reason, or holds that it will not enter or give effect to the Final Judgment without modification, or holds that the entry of the Final Judgment or any material part thereof should be overturned or modified in any material way, then: (A) If any Party does not agree to jointly appeal such ruling, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, and (b) that any and all dismissals pursuant to this Agreement be vacated; or (B) if the Parties do agree to jointly appeal such ruling and if the Final Judgment or its equivalent in all material respects is not in effect after the termination of all proceedings arising out of such appeal, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, including, without limitation, any order modifying the class certification order or permitting amendment of the complaint to conform the complaint to the class definition set out DocuSign EnvCelaopseeID8: 9:2CE18-Ec3v2-90-00B65B2-417-CDB-OA7CD-CK-DE65S63D8D0o44cAu9ment 27-2 Filed 09/24/21 Page 15 of 48 Page ID in section 6.1, and (b) that any and all dismissals pursuant to this Agreement be vacated.

Invalidity on Modification or Disapproval. In the event any court disapproves or sets aside this Settlement Agreement or any material part hereof for any reason, or holds that it will not enter or give effect to the Final Judgment without modification, or holds that the entry of the Final Judgment or any material part thereof should be overturned or modified in any material way, then: (A) If any Party does not agree to jointly appeal such ruling, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, and (b) that any and all dismissals pursuant to this Agreement be vacated; or (B) if If the Parties do agree to jointly appeal such ruling and if the Final Judgment or its equivalent in all material respects is not in effect after the termination of all proceedings arising out of such appeal, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, including, without limitation, any order modifying the class certification order or permitting amendment of the complaint to conform the complaint to the class definition set out DocuSign EnvCelaopseeID8: 9:2CE18-Ec3v2-90-00B65B2-417-CDB-OA7CD-CK-DE65S63D8D0o44cAu9ment 27-2 Filed 09/24/21 Page 15 of 48 Page ID in section 6.1, and (b) that any and all dismissals pursuant to this Agreement be vacated.