Materiality of Terms. Except as otherwise stated herein, each substantive 6 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 7 the Court does not approve any substantive term, or if the Court effects a material change to the 8 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 9 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 10 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 11 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
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Sources: Class Action Settlement Agreement
Materiality of Terms. Except as otherwise stated herein, each substantive 6 3 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 7 4 the Court does not approve any substantive term, or if the Court effects a material change to the 8 5 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 9 6 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 10 7 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 11 8 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
Appears in 1 contract