Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs, with prejudice and without reservation, of his, her or its Other Actions against the Releasees, to the extent such Other Actions relate to Electronic Throttle Bodies.
(2) Upon the Effective Date, all Other Actions commenced by any Settlement Class Member, to the extent such Other Actions relate to Electronic Throttle Bodies, shall be dismissed as against the Releasees, without costs, with prejudice and without reservation.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Ontario Settlement Class and the BC Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced in British Columbia or Ontario by any Settlement Class Member shall be dismissed against the Releasees, without costs and with prejudice.
(3) Each member of the Quebec Settlement Class who makes a claim under this Settlement Agreement shall be deemed to irrevocably consent to the dismissal, without costs and without reservation, of his, her or its Other Actions against the Releasees.
(4) Each Other Action commenced in Quebec by a member of the Quebec Settlement Class who makes a claim under this Settlement Agreement shall be dismissed as against the Releasees, without costs and without reservation.
Dismissal of Other Actions.
(1) Upon the Effective Date, each Settlement Class Member shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced in British Columbia by any Settlement Class Member shall be dismissed against the Releasees, without costs and with prejudice.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Ontario Settlement Classes and BC Settlement Classes shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced in Ontario or British Columbia by any Settlement Class Member shall be dismissed against the Releasees, without costs and with prejudice.
(3) Each Person who would have been a member of the Québec Settlement Class but has opted-out in accordance with the second paragraph of Article 580 of the Québec Code of Civil Procedure and who makes a claim and receives benefits under this Settlement Agreement shall be deemed to irrevocably consent to the dismissal, without costs and without reservation, of his, her or its Other Actions against the Releasees.
(4) Each Other Action commenced in Québec by a person who would have been a member of the Québec Settlement Class but who has opted-out in accordance with the second paragraph of Article 580 of the Québec Code of Civil Procedure and who makes a claim and receives benefits under this Settlement Agreement shall be dismissed as against the Releasees, without costs and without reservation.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Ontario Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs, with prejudice and without reservation, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced by any Ontario Settlement Class Member shall be dismissed against the Releasees, without costs, with prejudice and without reservation.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Ontario and BC Settlement Classes shall be deemed to irrevocably consent to the dismissal, without costs, with prejudice and without reservation, of his, her or its Other Actions against the Releasees, to the extent such Other Actions relate to the Alleged Parts.
(2) Upon the Effective Date, all Other Actions commenced in Ontario or British Columbia by any Settlement Class Member, to the extent such Other Actions relate to the Alleged Parts, shall be dismissed as against the Releasees, without costs, with prejudice and without reservation.
(3) Upon the Effective Date, each member of the Quebec Settlement Class, with the exception of those deemed excluded under Article 580(2) of the Code of Civil Procedure, who makes a claim under this Settlement Agreement shall be deemed to irrevocably consent to the dismissal, without costs and without reservation, of his, her or its Other Actions against the Releasees, to the extent such Other Actions relate to the Alleged Parts.
Dismissal of Other Actions. (a) The Settling Defendant represents and warrants that as of the date of this Settlement Agreement they know of no Other Actions against them in Canada advancing allegations in respect of the Released Claims.
(b) Any Settlement Class Member shall be deemed to consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.
(c) Subject to art. 580 C.C.P. as it relates to Quebec resident Class Members, all Other Actions commenced in any province or territory of Canada by any Settlement Class Member, who did not opt-out, shall be dismissed against the Releasees, without costs and with prejudice.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Settlement Classes shall be deemed to irrevocably consent to the dismissal, without costs, with prejudice and without reservation, of his, her or its Other Actions against the Releasees, to the extent such Other Actions relate to Released Claims.
(2) Upon the Effective Date, all Other Actions commenced in Ontario by any Settlement Class Member, to the extent such Other Actions relate to Released Claims, shall be dismissed as against the Releasees, without costs, with prejudice and without reservation.
(3) Upon the Effective Date, each member of the Quebec Settlement Class, with the exception of those deemed excluded under Article 580(2) of the Code of Civil Procedure, shall be deemed to irrevocably consent to the dismissal, without costs and without reservation, of his, her or its Other Actions against the Releasees, to the extent such Other Actions relate to the Released Claims.
Dismissal of Other Actions. (1) Upon the Effective Date, each Ontario Settlement Class Member shall be deemed to irrevocably consent to the dismissal, without costs, with prejudice and without reservation, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced by an Ontario Settlement Class Members shall be dismissed against the Releasees, without costs, with prejudice and without reservation, and Class Counsel (i) shall, at their cost, obtain orders from the Ontario and BC Courts confirming same in respect of all Other Actions commenced in British Columbia and Ontario, and (ii) if requested by the Settling Defendants, take the reasonably necessary steps to seek an order finally staying or dismissing or otherwise finally resolving any Other Actions commenced in a province other than British Columbia and Ontario.
Dismissal of Other Actions. (1) Upon the Effective Date, each member of the Ontario Settlement Class and BC Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.
(2) Upon the Effective Date, all Other Actions commenced in British Columbia or Ontario by any Settlement Class Member shall be dismissed against the Releasees, without costs and with prejudice.
(3) Each person who would have been a member of the Québec Settlement Class but who is deemed to have opted out in accordance with section 6.1(5) and who makes a claim and receives benefits under this Settlement Agreement shall be deemed to irrevocably consent to the dismissal, without costs and without reservation, of his, her or its Other Actions against the Releasees.
(4) Each Other Action commenced in Québec by a person who would have been a member of the Québec Settlement Class but who is deemed to have opted out in accordance with section 6.1(5) and who makes a claim and receives benefits under this Settlement Agreement shall be dismissed as against the Releasees, without costs and without reservation.
(5) For greater certainty, the consents and dismissals referred to in subsections 7.5(1) to 7.5(4) apply to KEMET Corporation and KEMET Electronics Corporation only in respect of Released Claims advanced in Other Actions.
