Motion to Void the Settlement Agreement Clause Samples

Motion to Void the Settlement Agreement. In the event that the termination right in Section II.F.4 above is exercised, or in the event that any Canadian Court or the MDL Court refuses to enter a Final Approval Order and Judgment substantially in the form set out herein and in accordance with the provisions of this Agreement, this Agreement shall, subject to an agreement by the Parties, be null and void and of no force or effect and the Parties shall bring motions before each of the Canadian Courts and the MDL Court: (i) declaring the Settlement Agreement to be null and void and of no force or effect, (ii) setting aside any order certifying a Settlement Class on the basis of the Settlement Agreement, and (iii) determining any disputes arising from any distribution of the Settlement Funds from the Escrow Account.

Related to Motion to Void the Settlement Agreement

  • Enforcement of Settlement Agreement If one Party alleges the other Party is in breach of this Settlement Agreement, that Party shall notify the other party. The Parties agree to meet and confer in good faith for a period of up to thirty days from the initial notice to attempt to resolve the allegation. If informal efforts fail, any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys’ fees and costs associated with such proceeding. This Settlement Agreement may be enforced exclusively by the Parties hereto.

  • EXECUTION OF SETTLEMENT AGREEMENT This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Application of Settlement Agreement This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, ▇▇▇▇▇▇▇ and the Releasees and Downstream Releasees identified in Section 2 above.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.