Common use of TERMINATION OF THE SETTLEMENT Clause in Contracts

TERMINATION OF THE SETTLEMENT. 66. The Settlement is conditioned upon Preliminary Approval and Final Approval of the Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, or modifications are agreed to in writing between the Parties). All exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreement; c. The Court refuses to grant Final Approval of this Agreement in any material respect; or d. The Court refuses to enter a Final judgment in this Action in any material respect. 67. In the event the Settlement Agreement is not approved or does not become Final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action.

TERMINATION OF THE SETTLEMENT. 6668. The Settlement is conditioned upon Preliminary Approval and Final Approval of the Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, or modifications are agreed to in writing between the Parties). All exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c49(c) of this Agreement; c. The Court refuses to grant Final Approval of this Agreement in any material respect; or d. The Court refuses to enter a Final judgment in this Action in any material respect. 6769. In the event the Settlement Agreement is not approved or does not become Final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action.

TERMINATION OF THE SETTLEMENT. 6689. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreement; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6790. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation.

TERMINATION OF THE SETTLEMENT. 6696. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreementany material respect; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6797. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation.

TERMINATION OF THE SETTLEMENT. 6694. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreementany material respect; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6795. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings Litigation will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action.

TERMINATION OF THE SETTLEMENT. 6681. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreement; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6782. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation.

TERMINATION OF THE SETTLEMENT. 6667. The Settlement is conditioned upon Preliminary Approval and Final Approval of the Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, or modifications are agreed to in writing between the Parties). All exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) 10 business days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreement; c. The Court refuses to grant Final Approval of this Agreement in any material respect; or d. The Court refuses to enter a Final judgment in this Action in any material respect. 6768. In the event the Settlement Agreement is not approved or does not become Final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action.. FILED DATE: 11/23/2021 12:32 PM 2020CH00473

TERMINATION OF THE SETTLEMENT. 6696. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval preliminary approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreementany material respect; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6797. In addition, Defendant may elect to terminate and cancel this Settlement if more than 5% of the Settlement Class Members timely and validly exclude themselves from the Settlement. 98. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation, and the Settlement Fund, less any Administrative Expenses paid to date, shall be returned to Defendant within ten (10) days thereof.

TERMINATION OF THE SETTLEMENT. 6668. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof thereof, without material change, material amendments, or material modifications by the Court (except unless the Parties agree to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties)writing. All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. i. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. ii. The Court refuses to grant Preliminary Approval preliminary approval of this Agreement even after the renegotiation process described Settlement in Paragraph 47(c) of this Agreementany material respect; c. iii. The Court refuses to grant Final Approval final approval of this Agreement Settlement in any material respect; iv. The Court refuses to enter a final judgment in this Litigation in any material respect; or d. v. The Court refuses to enter a Final judgment in this Action in any material respectCourt’s order granting preliminary or final approval is substantially modified or reversed. 6769. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation, and the Settlement Fund, less any Administrative Expenses incurred to date, shall remain with Defendant.

TERMINATION OF THE SETTLEMENT. 6698. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreement; c. The Court refuses to grant Final Approval final approval of this Agreement in any material respect; or; d. The Court refuses to enter a Final final judgment in this Action Litigation in any material respect; or e. The Court’s order granting preliminary or final approval is substantially modified or reversed. 6799. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation.

TERMINATION OF THE SETTLEMENT. 6674. The Settlement is conditioned upon Preliminary Approval and Final Approval of the Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, or modifications are agreed to in writing between the Parties). All exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Any Party may elect to terminate and cancel this Settlement Agreement within ten (10) calendar days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Settlement Agreement even after the renegotiation process described in Paragraph 47(c) 42 of this Agreement; c. The Court refuses to grant Final Approval of this Settlement Agreement in any material respect; or; d. The Court refuses to enter a Final judgment Judgment in this Action in any material respect; or e. any other ground for termination provided for elsewhere in this Agreement. 6775. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action. In the event of a termination as provided in Paragraph 74 hereof, the Party electing to terminate the Settlement Agreement shall be responsible for any invoices or other fees or expenses mentioned in this Agreement that have been incurred and are due to be paid from the Settlement Fund to the Settlement Administrator.

TERMINATION OF THE SETTLEMENT. 6694. The Settlement is conditioned upon Preliminary Approval preliminary and Final Approval final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, amendments or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any either Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement The Court refuses to grant preliminary approval of this Agreement is changed in any material respect to which the Parties have not agreed in writingrespect; b. The Court refuses to grant Preliminary Approval final approval of this Agreement even after the renegotiation process described in Paragraph 47(c) of this Agreementany material respect; c. The Court refuses to grant Final Approval of enter a final judgment in this Agreement Litigation in any material respect; or d. The Court refuses to enter a Final judgment in this Action in any material respectCourt’s order granting preliminary or final approval is substantially modified or reversed. 67e. The Court materially modifies the material terms of the Settlement and such modifications are not agreed to by the Parties. 95. In the event the Settlement Agreement is not approved or does not become Finalfinal, or is terminated consistent with this Settlement Agreementthe provisions herein, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the ActionLitigation.

TERMINATION OF THE SETTLEMENT. 66. 12.1 The Settlement is conditioned upon Preliminary Approval and Final Approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments, or modifications are agreed to in writing between the Parties). All exhibits Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, any Party may elect to terminate and cancel this Settlement Agreement within ten (10) days of any of the following events: a. This Settlement Agreement is changed in any material respect to which the Parties have not agreed in writing; b. The Court refuses to grant Preliminary Approval of this Agreement even after the renegotiation process described in Paragraph 47(c46(c) of this Agreement; c. The Court refuses to grant Final Approval of this Agreement in any material respect; or d. The Court refuses to enter a Final judgment in this Action in any material respect. 67. 12.2 In the event the Settlement Agreement is not approved or does not become Final, or is terminated consistent with this Settlement Agreement, the Parties, pleadings, and proceedings will return to the status quo ante as if no settlement had been negotiated or entered into, and the Parties will negotiate in good faith to establish a new schedule for the Action.