Common use of If Settlement Agreement is Terminated Clause in Contracts

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1a) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (ai) no motion to certify or authorize any of the Proceedings as a class proceeding action on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (bii) any order certifying or authorizing a Proceeding the Proceedings as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (ciii) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (div) within Within ten (10) days of such termination having occurred, Class Counsel shall return destroy or destroy delete all documents or other materials materials, including electronic information, provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy or delete such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return destruction or destruction within ten (10) days of such termination having occurreddeletion. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy or delete any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, reason without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario or Quebec Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Ontario or Quebec Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or Documents and other materials provided by the Settling Defendants under pursuant to this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants to any other Person, shall endeavor to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, Documents and information and any work product of Class Counsel derived from such documents Documents or information. (2) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon, less taxes paid on interest, less any costs actually incurred or payable with respect to the notices required by section 11.1, and less any costs of translation required by section 14.11 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents Documents or other materials provided by the Settling Defendants under pursuant to this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants to any other Person, shall endeavour to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 section 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel derived from such documents Documents or information. (2) If the Settlement Agreement is terminated, Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less taxes paid on interest, any costs actually incurred or payable with respect to the notices required by section 10.1, and any costs of translation required by section 13.11 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. (1a) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (ai) no motion to certify or authorize any of the Proceedings as a class proceeding action on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (bii) any order certifying or authorizing a Proceeding the Proceedings as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (ciii) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (div) within Within ten (10) days of such termination having occurred, Class Counsel shall return destroy or destroy delete all documents or other materials materials, including electronic information, provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy or delete such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return destruction or destruction within ten (10) days of such termination having occurreddeletion. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy or delete any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, reason without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1a) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (ai) no motion to certify or authorize any of the Proceedings as a class proceeding action on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (bii) any order certifying or authorizing a Proceeding the Proceedings as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (ciii) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (div) within Within ten (10) days of such termination having occurred, Class Counsel shall return destroy or destroy delete all documents or other materials materials, including electronic information, provided by the Settling Defendants under this Settlement Agreement Defendant or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Personperson, shall recover and destroy or delete such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return destruction or destruction within ten (10) days of such termination having occurreddeletion. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy or delete any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, reason without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Ontario or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Ontario or Quebec Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents Documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall endeavor to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents Documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel derived from such documents Documents or information. (2) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less taxes paid on interest, and provided that the Settlement Agreement is not terminated by reason of any default on the part of the Plaintiffs or Class Counsel, any costs actually incurred or payable with respect to the notices required by section 11.1, and any costs of translation required by section 14.12 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario or Quebec Actions as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Ontario or Quebec Actions as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario or Quebec Actions as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or in any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling DefendantsDefendant, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:effect:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; (d) except as provided in Section 6.4, it shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (de) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.product.‌

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Ontario Action as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding action on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 section shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, in its entirety: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; (d) it shall be null and void and have no further force or effect except as provided for in Section 6.4, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (de) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant or Counsel for the Settling Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. product; however,‌ Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of any such documents, information and any work product of Class Counsel derived from such documents or information, and any such work product may not be disclosed to any Person in any manner, directly or indirectly, without the express prior written permission of the Settling Defendant.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or for authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents Documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents Documents or information. Class Counsel shall provide counsel Counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel derived from such documents Documents or information. (2) If the Settlement Agreement is terminated, Siskinds LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less taxes paid on interest, any costs actually incurred or payable with respect to the notices required by section 11.1, and any costs of translation required by section 14.11 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario Action as a class proceeding on the basis of this Settlement Agreement, to amend the Settlement Class and Common Issue in respect of the Quebec Action on the basis on this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Ontario Action as a class proceeding proceedings on the basis of the Settlement Agreement Agreement, amending the Settlement Class and Common Issue in respect of the Quebec Action on the basis on this Settlement Agreement, or approving this Settlement Agreement shall be Agreement, set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, or amendment of the Settlement Class and Common Issue in the Quebec Action on the basis of this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (a) no motion application to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) the parties will cooperate in seeking to have any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall endeavour to recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Ontario or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Ontario or Quebec Proceedings as a class proceeding on the basis of the this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and; (d) within ten fifteen (1015) days of such termination having occurred, Class Counsel shall return or destroy all documents Documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants Defendant to any other Person, shall endeavor to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product. For the purposes of this Section, work product except means Documents created by Class Counsel, exercising skill and judgment, in good faith for the purposes of furthering the litigation as provided in Section 4.1(5)(b)against the Non-Settling Defendants. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, Agreement may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel derived from such documents Documents or information; and (e) No settlement discussions or any Documents or materials exchanged or prepared in furtherance of any settlement discussions will be used in the Proceedings or will be disclosed to any Person. The parties understand and agree that all of their communications and other exchanges regarding this Settlement Agreement and the underlying settlement are and always will be subject to settlement privilege.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario or Quebec Actions as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Ontario or Quebec Actions as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario or Quebec Actions as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or in any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Plaintiffs, Class Counsel, the Domfoam Defendants, the Brayiannis Defendant and the Individual Settling Parties agree: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any Proceedings as a class proceeding on that has occurred after the basis date of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to Issue, and any prior procedural or substantive ruling in respect of the ongoing Proceedings that has occurred after the date of this Settlement Agreement, shall be without prejudice to any position that any of the Domfoam Defendants, the Brayiannis Defendant or the Individual Settling Parties or Releasees may later take on any procedural or substantive issue in the ongoing Proceedings or any other litigation; (d) any appearance, attendance, filing or any other action or step taken by the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Parties pursuant to or relating to this Settlement Agreement shall be without prejudice to any position that the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Parties may later take in respect of the jurisdiction of the Courts or any other court (with the exception of the jurisdiction of the B.C. Court), including a motion by one or more of the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Parties seeking to quash service ex juris or to otherwise challenge the jurisdiction of the Courts or any other court over such defendant in the Proceedings or any other litigation; and; (de) the Parties shall negotiate in good faith to determine a new timetable, if the Proceedings are to continue against the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Parties; (f) within ten (10) days of such termination or failure having occurred, Class Counsel shall return or destroy all documents Documents or other materials information provided by the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Defendants Parties as cooperation under this Settlement Agreement Agreement, or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants andinformation, and to the extent that Class Counsel has disclosed any documents Documents or other information provided by the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Defendants Parties to any other Personperson (including Plaintiffs’ experts), shall recover and destroy such documents or Documents and other information. Class Counsel shall provide counsel to the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Defendants Parties with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 subsection shall be construed to require Class Counsel to destroy any of their work product except as provided product; and (g) each Class Counsel shall forthwith deliver consents in Section 4.1(5)(b). However, any documents or information provided by writing to counsel for the Settling Domfoam Defendants, or received from the Brayiannis Defendant and/or the Individual Settling Defendants Parties authorizing the Domfoam Defendants, the Brayiannis Defendant and/or the Individual Settling Parties to bring motions before each of the Courts for orders: (A) directing that the balance of the Settlement Amount in connection the Trust Account less the ISP Release Payment shall be paid to the Contributing Individual Settling Parties, in accordance with section 14.3 of this Settlement Agreement, may not be disclosed and that, subject to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission contrary order of the Settling Courts, the ISP Release Payment be paid to or held for the benefit of the Plaintiffs (individually in their capacity as named Plaintiffs only); (B) directing that the balance of the proceeds from the Assignment in the Trust Account shall be paid to the Domfoam Defendants. Class Counsel shall take appropriate steps , in accordance with section 14.3 of this Settlement Agreement; (C) declaring that this Settlement Agreement to be null and precautions to ensure void and maintain of no force or effect (except for the confidentiality provisions set out in section 14.4 of such documents, information and this Settlement Agreement); and (D) setting aside any work product order certifying or authorizing the Proceedings as a class proceedings on the basis of Class Counsel derived from such documents or informationthis Settlement Agreement.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling DefendantsDefendant(s). Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Federal Court Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Federal Court Action as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party (including the Settlement Class) shall be estopped from asserting otherwise;; and (c) any prior certification or authorization of a Proceeding the Federal Court Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and. (d2) within ten (10) days of such termination having occurredIf the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Class Counsel shall return or destroy all documents or other materials provided by shall, within thirty (30) business days of the Settling Defendants under this written notice advising that the Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants andhas been terminated in accordance with its terms, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon, less taxes paid on interest, and less any notice costs already incurred with a written certification by Class Counsel of such return or destruction within ten respect to the notices described in section 9.1(1) and any costs already incurred with respect to translating the Settlement Agreement. The Settling Defendants will allocate the remaining Settlement Amount amongst themselves. (103) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except Except as provided for in Section 4.1(5)(b). Howeversection 5.3, any documents or information provided by the Settling Defendants, or received from if the Settling Defendants in connection with this or the Plaintiffs exercise their right to terminate, the Settlement AgreementAgreement shall be null and void and have no further force or effect, may shall not be disclosed to any Person binding on the Parties, and shall not be used as evidence or otherwise in any manner litigation or used, directly or indirectly, by Class Counsel or in any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) the parties will cooperate in seeking to have any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reasonterminated: (a) no motion application to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall endeavour to recover and destroy such documents or information. Class Counsel shall forthwith thereafter provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 section shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario Actions as a class proceeding proceedings on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Ontario Actions as a class proceeding proceedings on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be Agreement, set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario Actions as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, Agreement shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendant and other Releasees named as Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendant and other Releasees named as Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendant and other Releasees named as Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendant and other Releasees named as Defendants, or received from the Settling Defendant and other Releasees named as Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection to this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:, in its entirety:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; (d) it shall be null and void and have no further force or effect except as provided for in Section 6.4, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (de) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants or their counsel under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). Howeverproduct; however, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of any such documents, information and any work product of Class Counsel derived from such documents or information, and any such work product may not be disclosed to any Person in‌ any manner, directly or indirectly, without the express prior written permission of the Settling Defendants.

If Settlement Agreement is Terminated. (1) If this In the event the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Parties agree that: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this the Settlement Agreement, Agreement or to approve this the Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this the Settlement Agreement shall be set aside and declared null and void and of no force or and effect, and anyone shall be estopped from asserting otherwise;; 2943052 (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, the Other Actions or any other litigation; and; (d) the Parties shall negotiate in good faith to determine a new timetable, if the Proceeding is to continue against the Settling Defendant; (e) within ten (10) days of such termination having occurredthe date of written notice of termination, Class Counsel shall return or destroy all documents Documents or other materials information provided by the Settling Defendants Defendant under this Settlement Agreement Agreement, or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants information and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents Documents or information. Class Counsel , and shall provide counsel certify in writing to the Settling Defendants Defendant that the destruction required by this section has taken place; with a written certification by the exception that Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel are not required to destroy any of their work product, it being understood and agreed that such work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions pre-cautions to ensure and maintain the confidentiality of such documents, information and any their work product of product; and (f) Class Counsel derived from such documents or information.shall forthwith deliver consents in writing to counsel for the Settling Defendant authorizing the Settling Defendant to obtain orders declaring the Settlement Agreement to be null and void and of no force and effect (except for the provisions set out in section 12.4), setting aside any order certifying the Proceeding as a class proceeding on the basis of the Settlement Agreement and directing Class Counsel to pay the balance in the Trust Account in accordance with section 12.3(1). 2943052

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel Counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.information.‌

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise. (f) The Plaintiffs shall consent to lifting of the stay of the Settling Defendants’ appeal and or other steps necessary to reconstitute the Settling Defendants’ appeal and the Settling Defendants shall be entitled to assert all of their procedural, substantive and jurisdictional rights and defences that existed prior to this Settlement Agreement in connection with jurisdiction, service, limitations, and otherwise at law.

If Settlement Agreement is Terminated. (1) Except as provided for in Section 6.4, if the Settling Defendants or the Plaintiff exercise their right to terminate, this Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (2) If this Settlement Agreement is not approvedapproved by the Court, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings BC Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the BC Action as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be Agreement, set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the BC Action as a class proceeding on the basis of this Settlement Agreement, including the definitions definition of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings BC Action or any other litigation; and; (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents Documents or other materials provided by the Settling Defendants or other Releasees under this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and, to materials. To the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants or Releasees to any other Person, Class Counsel shall endeavour to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification of such destruction by Class Counsel of such return or destruction within ten (10) days of such termination having occurredCounsel. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except or any Documents previously produced by the Settling Defendants as provided in Section 4.1(5)(b)part of their discovery obligations. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants or Releasees in connection with this Settlement Agreement, Agreement may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel; and (e) until such time as a confidentiality order is in place in the BC Action that applies to the Documents previously provided by the Settling Defendants pursuant to their production obligations in the BC Action, Class Counsel derived from shall continue to maintain such documents Documents on the terms pursuant to which they were produced by the Settling Defendants or informationsuch other terms as may be agreed upon by the Parties.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel; and (e) neither this Settlement Agreement nor any actions taken pursuant to it shall be considered attornment to the jurisdiction of the Courts by any of the Settling Defendants.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (2) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Ontario or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Ontario or Quebec Proceedings as a class proceeding on the basis of the this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Ontario or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and; (d) within ten fifteen (1015) days of such termination having occurred, Class Counsel shall return or destroy all documents Documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants to any other Person, shall endeavor to recover and destroy such documents Documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product. For the purposes of this Section, work product except means Documents created by Class Counsel, exercising skill and judgment, in good faith for the purposes of furthering the litigation as provided in Section 4.1(5)(b)against the Non-Settling Defendants. However, any documents Documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, Agreement may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documentsDocuments, information and any work product of Class Counsel derived from such documents Documents or information; and (e) No settlement discussions or any Documents or materials exchanged or prepared in furtherance of any settlement discussions will be used in the Proceedings or will be disclosed to any Person. The parties understand and agree that all of their communications and other exchanges regarding this Settlement Agreement and the underlying settlement are and always will be subject to settlement privilege.

If Settlement Agreement is Terminated. (1) Except as provided for in Section 5.4, if the Settling Defendants or the Plaintiffs exercise their right to terminate, this Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (2) If this Settlement Agreement is not approvedapproved by the Courts, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings BC or Quebec Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued BC or Quebec order certifying or authorizing a the applicable Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be Agreement, set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the BC or Quebec Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and; (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants or other Releasees under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to materials. To the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants or Releasees to any other Person, Class Counsel shall endeavour to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification of such destruction by Class Counsel of such return or destruction within ten (10) days of such termination having occurredCounsel. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except or any documents previously produced by the Settling Defendants as provided in Section 4.1(5)(b)part of their discovery obligations. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants or Releasees in connection with this Settlement Agreement, Agreement may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel; and (e) until such time as a confidentiality order is in place in the Proceedings that applies to the documents previously provided by the Settling Defendants pursuant to their production obligations in the BC Action, Class Counsel derived from shall continue to maintain such documents on the terms pursuant to which they were produced by the Settling Defendants or informationsuch other terms as may be agreed upon by the Parties.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Second Ontario Action, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection to this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms by the Plaintiffs (acting as a group) or the Settling Defendant(s) or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and; (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant(s) under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant(s) and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant(s) to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel Counsel to the Settling Defendants Defendant(s) with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant(s), or received from the Settling Defendants Defendant(s) in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling DefendantsDefendant(s). Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information; (e) Xxxx may reinstitute the Canadian Bankruptcy Motion pending before the Ontario Court; and (f) KL Sales may pursue motions for summary judgment, in accordance with the applicable rules of court.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Related Actions, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling DefendantsDefendant(s). Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.information.‌

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Ontario Action or BC Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying the Ontario Action or authorizing a Proceeding BC Action as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification of the Ontario Action or authorization of a Proceeding BC Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:terminated:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) the parties will cooperate in seeking to have any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.Counsel.‌

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any Other Actions or other litigation; and (d) within ten (10) days of such non-approval, termination or failure to take effect having occurred, Class Counsel shall return or make best efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make best efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Related Action, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings or Second Ontario Action as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding or the Second Ontario Action as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding or the Second Ontario Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Second Ontario Action or any other litigation; and (d) within ten (10) days of such termination having occurred, . Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to 3010914 the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and/or Counsel for the Settling Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendant to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant and/or Counsel for the Settling Defendant, or received from the Settling Defendants Defendant and/or Counsel for the Settling Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any issued order certifying or authorizing a Proceeding any of the Proceedings as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such non approval, termination or failure to take effect having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:reason:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information information‌ provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such non-approval, termination or failure to take effect having occurred, Class Counsel shall return or make best efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make best efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (e) Any issued order with respect to the submission or attornment to jurisdiction of any of the Settling Defendants arising in connection with this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel Counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided for in Section 4.1(5)(b4.1(5)(c). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms terms, or otherwise fails to take effect for any reason: (a) the Parties will be restored to their respective positions prior to the execution of this Agreement; (b) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which Agreement that has not been decided, decided shall proceed; (bc) any order certifying the Parties will cooperate in seeking to have all issued order(s), in the Court or authorizing a Proceeding as a class proceeding the Court of Appeal for Ontario, on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and, (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:reason:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decidedheard, shall proceed; (b) the parties will cooperate in seeking to have any prior order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement Agreement, or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the parties shall be estopped as against each other from asserting otherwiserelying on any such order; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, such work product may not be disclosed to any Person person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.product.‌

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a the Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel Counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as (unless that work product is a summation, synopsis, précis or equivalent of the documents or other materials provided in Section 4.1(5)(bby the Settling Defendant, or information derived from such documents or other materials). However, any documents or information provided by the Settling DefendantsDefendant, or received from the Settling Defendants Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms terms, or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Party shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (dc) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under pursuant to this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall endeavor to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurredrecovery efforts and destruction. Nothing contained in this Section 6.2 section 4.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information. (2) If the Settlement Agreement is terminated, Class Counsel shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less taxes paid on interest, any costs actually incurred or payable with respect to the notices required by section 7.1, and any costs of translation required by section 10.11 that have actually been incurred or are payable.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:reason:‌ (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone everyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendant and other Releasees named as Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendant and other Releasees named as Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendant and other Releasees named as Defendants to any other Personperson, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 paragraph shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendant and other Releasees named as Defendants, or received from the Settling Defendant and other Releasees named as Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this In the event the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Parties agree that: (a) no motion to certify or authorize any of the Proceedings Chiyoda Proceeding as a class proceeding on the basis of this the Settlement Agreement, Agreement or to approve this the Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a the Chiyoda Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this the Settlement Agreement shall be set aside and declared null and void and of no force or and effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Chiyoda Proceeding as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Other Actions or any other litigation; and; (d) the Parties shall negotiate in good faith to determine a new timetable, if the Chiyoda Proceeding is to continue against the Settling Defendant; (e) within ten (10) days of such termination having occurredthe date of written notice of termination, Class Counsel shall return or destroy all documents Documents or other materials information provided by the Settling Defendants under this Settlement Agreement Agreement, or containing or reflecting information derived from such documents Documents or other materials received from the Settling Defendants information and, to the extent Class Counsel has disclosed any documents Documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents Documents or information. Class Counsel , and shall provide counsel certify in writing to the Settling Defendants that the destruction required by this section has taken place; with a written certification by the exception that Class Counsel of such return or destruction within ten (10) days of such termination having occurred. Nothing contained in this Section 6.2 shall be construed to require Class Counsel are not required to destroy any of their work product, it being understood and agreed that such work product except as provided in Section 4.1(5)(b). However, any documents or information provided by the Settling Defendants, or received from the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any their work product of product; and (f) Class Counsel derived from such documents or informationshall forthwith deliver consents in writing to counsel for the Settling Defendants authorizing the Settling Defendants to obtain orders declaring the Settlement Agreement to be null and void and of no force and effect (except for the provisions set out in section 11.4(1)), setting aside any order certifying the Chiyoda Proceeding as a class proceeding on the basis of the Settlement Agreement and directing Class Counsel to pay the balance in the Trust Account in accordance with section 11.3(1).

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding action on the basis of this Settlement Agreement, Agreement or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding action on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreementproceeding, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement AgreementIssue, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or Beijing Matsushita Color CRT Co., Ltd. or containing or reflecting information derived from such documents or other materials received from the Settling Defendants or Beijing Matsushita Color CRT Co., Ltd. and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants or Beijing Matsushita Color CRT Co., Ltd. to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide counsel to the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 section shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendants or Beijing Matsushita Color CRT Co., Ltd., or received from the Settling Defendants or Beijing Matsushita Color CRT Co., Ltd. in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendants. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or informationCounsel.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Proceedings as a class proceeding proceedings on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceedings, the Related Action, or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and/or Counsel for the Settling Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendant to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants Defendant with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 5.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling DefendantsDefendant and/or Counsel for the Settling Defendant, or received from the Settling Defendants Defendant and/or Counsel for the Settling Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling DefendantsDefendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.

If Settlement Agreement is Terminated. (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any order issued order(s) certifying or authorizing a Proceeding the Proceedings as a class proceeding proceedings on the basis of the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class Classes and the Common Issue Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any Other Actions or other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall return or make reasonable efforts to destroy all documents or other materials provided by the Settling Defendants and/or Counsel for the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and/or Counsel for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants to any other Person, shall make reasonable efforts to recover and destroy such documents or information. Class Counsel shall provide counsel to Counsel for the Settling Defendants with a written certification by Class Counsel of such return or destruction within ten (10) days of such termination having occurreddestruction. Nothing contained in this Section 6.2 shall be construed to require Class Counsel to destroy any of their work product except as provided in Section 4.1(5)(b)product. However, any documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants, or received from the Settling Defendants and/or Counsel for the Settling Defendants in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling DefendantsDefendant(s). Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.