Common use of Exclusive Participation Clause in Contracts

Exclusive Participation. Dow Corning and certain other Released Parties are currently defendants in class action proceedings related to silicone breast implants pending in Ontario, Quebec and British Columbia. To the extent an individual would be entitled to participate in more than one settlement related to Dow Corning and/or other Released Parties, such individual will be permitted to participate in only one such settlement based on her “principal geographic nexus” determined as follows: (i) If an individual or her authorized lawyer filed a proof of claim form with the U.S. Bankruptcy Court indicating a Canadian residence address, the province or territory of such residence will establish the individual’s principal geographic nexus; (ii) If the individual filed no proof of claim form as described above, but resided in Canada on August 1, 1998, the province or territory of such residence will establish her principal geographic nexus; (iii) If the individual filed no proof of claim form as described above and did not reside in Canada on August 1, 1998, the province or territory within Canada where the individual first received Dow Corning Breast Implants or Breast Implants containing Dow Corning Breast Implant Raw Materials will establish her principal geographic nexus; and (iv) If none of the above criteria establish the individual’s principal geographic nexus, the Canadian province or territory in which the individual first registers as a settlement participant will establish her principal geographic nexus. An individual having a principal geographic nexus in Ontario will be entitled to participate only in the Ontario settlement; an individual having a principal geographic nexus in Quebec will be entitled to participate only in the Quebec settlement; and an individual having a principal geographic nexus in a province or territory other than Ontario or Quebec will be entitled to participate only in this Settlement.

Exclusive Participation. Dow Corning and certain other Released Parties are currently defendants in class action proceedings related to silicone breast implants pending in Ontario, Quebec Quebec, and British Columbia. To the extent an individual would be entitled to participate in more than one settlement related to Dow Corning and/or other Released Parties, such individual will be permitted to participate in only one such settlement based on her “principal principle geographic nexus” determined as follows: (i) If an individual or her authorized lawyer attorney filed a proof of claim form with the U.S. Bankruptcy Court indicating a Canadian residence address, the province or territory of such residence will establish the individual’s principal principle geographic nexus; (ii) If the individual filed no proof of claim form as described above, but resided in Canada on August 1, 1998, the province or territory of such residence will establish her principal principle geographic nexus; (iii) If the individual filed no proof of claim form as described above and did not reside in Canada on August 1, 1998, the province or territory within Canada where the individual first received Dow Corning Breast Implants or Breast Implants containing Dow Corning Breast Implant Raw Materials will establish her principal principle geographic nexus; and (iv) If none of the above criteria establish the individual’s principal principle geographic nexus, the Canadian province or territory in which the individual first registers as a settlement participant will establish her principal principle geographic nexus. An individual having a principal principle geographic nexus in Ontario will be entitled to participate only in the Ontario settlement; an individual having a principal principle geographic nexus in Quebec will be entitled to participate only in the Quebec settlement; and an individual having a principal principle geographic nexus in a province or territory other than Ontario or Quebec will be entitled to participate only in this Settlementthe British Columbia settlement.

Exclusive Participation. Dow Corning and certain other Released Parties are currently defendants in class action proceedings related to silicone breast implants pending in OntarioQuebec, Quebec Ontario and British Columbia. To the extent an individual would be entitled to participate in more than one settlement agreement related to Dow Corning and/or other any Released Parties, such individual will be permitted to participate in to only one such settlement based on her “principal geographic nexus” determined as follows: (i) If an individual or her authorized lawyer attorney filed a proof of claim form with the U.S. Bankruptcy Court indicating a Canadian residence address, the province or territory of such residence will establish the individual’s principal geographic nexus; (ii) If the individual filed no proof of claim form as described above, but resided in Canada on August 1, 1998, the province or territory of such residence will establish her principal geographic nexus; (iii) If the individual filed no proof of claim form as described above and did not reside in Canada on August 1, 1998, the province or territory within Canada where the individual first received Dow Corning Breast Implants or Breast Implants containing Dow Corning Breast Implant Raw Materials will establish her principal geographic nexus; and (iv) If none of the above criteria establish the individual’s principal geographic nexus, the Canadian province or territory in which the individual first registers as a settlement participant will establish her principal geographic nexus. An individual having a principal geographic nexus in Quebec will be entitled to participate only in the Quebec settlement; an individual having a principal geographic nexus in Ontario will be entitled to participate only in the Ontario settlement; an individual having a principal geographic nexus in Quebec will be entitled to participate only in the Quebec settlement; and an individual having a principal geographic nexus in a province or territory other than Ontario or Quebec will be entitled to participate only in this Settlementthe British Columbia settlement.