Common use of Limits on Use of Documents and Information Clause in Contracts

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and Proceedings, they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only,” and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purposes of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents Documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending resolution of the foregoingmotions, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the relevant Proceeding, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceedings, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-CV-12- 44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35—Sealing Order in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding one or more Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the ProceedingProceedings, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceedings, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding one or more Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall agrees to treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.the

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings and the Related Actions, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings and the Related Actions or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents in the Proceedings or the Related Actions in which there is no BC Action and/or Quebec Action, the cooperation shall also be made available to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLPLLP and/or Siskinds Desmeules s.e.n.c.r.l, as applicable, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is and/or Siskinds Desmeules s.e.n.c.r.l are assisting Class Ontario Counsel in the prosecution of those Proceedings or the Proceeding Related Actions, and they Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP and/or Siskinds Desmeules s.e.n.c.r.l agree to keep such information and documents confidential and only use it such information and documents for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings or the Related Actions, any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — – Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the relevant Proceeding or the relevant Related Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending the foregoingresolution of the motion(s), the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceedingrelevant Proceeding or the relevant Related Action, (i) file or seek to an interim sealing order pending the Settling Defendants’ motion and, if an interim sealing order is granted, may file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject pursuant to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties interim sealing order; and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the Settling Defendant’s motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the relevant Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceedingrelevant Proceeding or the relevant Related Action, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35—Sealing Orders in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the relevant Proceeding or the relevant Related Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceedingrelevant Proceeding(s) or the relevant Related Action, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that that, until a final order has been issued required the Plaintiff and/or Class Counsel to produce the relevant information or documents, all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the relevant Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding or the relevant Related Action, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in one or more Proceedings, or the Proceeding Related Actions, that applies to the documents and information provided as cooperation by the Settling DefendantsDefendants and except as otherwise provided for in this Section 4.2, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) The Plaintiffs and Class Counsel agree they will not disclose or use the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants except as permitted by this Settlement Agreement. It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceeding as against Persons who are not Releasees, and shall not be disclosed or used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. The Even where disclosure is permitted by this Settlement Agreement, the Plaintiffs and Class Counsel agree they will shall not disclose the such documents and or information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information information, are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. Subject Except to the foregoingextent disclosure is expressly permitted by this Settlement Agreement, the Plaintiffs and Class Counsel shall take reasonable precautions make best efforts to ensure and maintain the confidentiality of such the documents and informationprovided by the Settling Defendants and/or Counsel for the Settling Defendants, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If Class Counsel shall use best efforts to obtain a confidentiality order in the Proceeding in a form acceptable to the Settling Defendants, acting reasonably. Class Counsel shall use best efforts to obtain such confidentiality order prior to the Effective Date. (3) If, to the extent permitted by this Settlement Agreement and any applicable confidentiality or protective order, the Plaintiffs intend to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) whichDefendants, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed shall, at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain file a sealing or motion for a confidentiality order or similar reliefin accordance with Section 4.2(2). If, within that thirty (30) day period, a Settling Defendant so moves, the The Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion for a confidentiality order has been decided in the Proceeding and all applicable the appeal periods have period has expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel mayexcept, so as not to delay prosecution of the Proceeding, (i) file or Class Counsel may seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title consent of the action and the following statement: “This envelope/box/container containing documents Settling Defendants, which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records consent shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide be unreasonably withheld, to provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (34) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.2(4) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, ” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall forthwith proceed with a motion for a confidentiality order in accordance with Section 4.2(2) to seek confidentiality protection over such documents and information and provide notice to the Settling Defendants promptly upon becoming aware of it the request in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring production of such documents or information, and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly availableavailable except through breach of this Settlement Agreement, any applicable confidentiality order or similar obligation; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Non-Settling DefendantDefendant who has brought a motion seeking to compel disclosure or production, so as not to delay prosecution of the Proceeding, Class Counsel may seek the consent of the Settling Defendants, which consent is not to be unreasonably withheld, to provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (45) In addition, until such a time the Plaintiffs and Class Counsel shall treat any documents and information received from the Settling Defendants as Highly Confidential in accordance with the provisions of the U.S. Protective Order and the Plaintiffs and Class Counsel agree to abide by the terms of the U.S. Protective Order. Once a confidentiality order described in Section 4.2(2) is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, that order shall govern to the extent of any conflict between that order and Plaintiffs’ and Class Counsel shall treat any documents received from Counsel’s agreement in this Section 4.2(5) to abide by the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions terms of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant to the Plaintiffs Plaintiff and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs Plaintiff and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend Plaintiff intends to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling DefendantsDefendant, Class Counsel shall provide the Settling Defendants Defendant with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants Defendant may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendant does not so move, the Plaintiff and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a the Settling Defendant so moves, the Plaintiffs Plaintiff and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.or

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceeding and the Second Ontario Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding and the Second Ontario Action or as otherwise required by law, except to the extent that the documents or information are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and the Second Ontario Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding or the Second Ontario Action any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the ProceedingProceeding or the Second Ontario Action, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding or the Second Ontario Action except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the ProceedingProceeding or the Second Ontario Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceeding and the Second Ontario Action, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-CV-12- 44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.;

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding with any Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant Defendants so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the ProceedingProceedings, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant Defendants whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceedings or a competitor of the Settling Defendants. In addition, if a Settling Defendant Defendants intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35— Sealing Order in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.2(1) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such documents or information, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the ProceedingProceedings, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Non- Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceedings or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be disclosed or used only in connection with the prosecution of the claims in the Proceeding, and shall not be disclosed or used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree in advance to keep be bound by the same confidentiality and destruction obligations set out in Section 4 and Section 6.2(1)(d), and to only use such information confidential and only use it for the purpose of providing such assistance. (2) If Class Counsel shall use best efforts to obtain a confidentiality order in the Proceeding, in a form acceptable to the Settling Defendants, acting reasonably. Class Counsel shall use best efforts to obtain such confidentiality orders prior to the Effective Date. (3) If, to the extent permitted by this Settlement Agreement and any applicable confidentiality or protective order, the Plaintiffs intend to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, : (i) file or seek to an interim sealing order pending the Settling Defendant’s motion and, if an interim sealing order is granted, may file such documents or information with the Court in sealed envelopes pursuant to such interim sealing order; or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceeding or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants Defendant(s) for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (34) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”confidential, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion a final order has been decided and all applicable appeal periods have expiredissued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or documents, except: (i) to the extent such information or documents are or become otherwise publicly availableavailable except through breach of this Settlement Agreement, any applicable confidentiality order or similar obligation; (ii) as ordered to do so by a Courtthe Court(s); and or (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may seek the consent of the Settling Defendants, which consent is not to be unreasonably withheld, to provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that that, until a final order has been issued requiring the Plaintiff and/or Class Counsel to produce the relevant information or documents, and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (45) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, except as otherwise provided for in this Section 4.2, Class Counsel shall treat any documents and information received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and U.S. Protective Order Governing and the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.Plaintiffs and

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings and the Related Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings and the Related Action or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, Siskinds Desmeules s.e.n.c.r.l. to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP Siskinds Desmeules s.e.n.c.r.l. is assisting Class Counsel in the prosecution of the Proceeding Proceedings or the Related Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings or the Related Action, any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,– Outside Attorneys Only” or “Confidential - Grand Jury Materials - FOIA Exempt” and there is not already a confidentiality order issued in the relevant Proceeding or the Related Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing. , in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so movesmoves to obtain a sealing or confidentiality order or similar relief, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending the foregoingresolution of the motion(s), the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceedingrelevant Proceeding or the Related Action, (i) file or seek to an interim sealing order pending the Settling Defendants’ motion and, if an interim sealing order is granted, may file such documents or information with the relevant Court in sealed envelopes pursuant to such interim sealing order; or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that satisfactory to the Settling Defendants, acting reasonably, that, until the Settling Defendant’s motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceedings or the Related Action, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35— Sealing Orders in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only” or “Confidential - Grand Jury Materials - FOIA Exempt”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the relevant Proceeding or the Related Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ provide their consent or until the Settling Defendants’ motion for a sealing or confidentiality order has been decided and all applicable appeal periods have expireda final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceedingrelevant Proceeding(s) or the Related Action, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant Defendants provided that counsel for the Non-Non- Settling Defendant Defendants agree and give assurances that satisfactory to the Settling Defendants, acting reasonably, that, until a final order has been issued required the Plaintiff and/or Class Counsel to produce the relevant information or documents, all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding or the Related Action, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in one or more Proceedings, or the Proceeding Related Action, that applies to the documents and information provided as cooperation by the Settling DefendantsDefendants and except as otherwise provided for in this Section 4.2, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and the Second Ontario Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant Defendants so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant Defendants whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceeding or a competitor of the Settling Defendants. In addition, if a Settling Defendant Defendants intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.2(1) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such documents or information, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a the Court; and (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Non- Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents in the High Intensity Discharge Ballasts Proceedings, the cooperation shall also be made available to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLPLLP and/or Siskinds Desmeules s.e.n.c.r.l., to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is and/or Siskinds Desmeules s.e.n.c.r.l. are assisting Class Ontario Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other informationthose Proceedings, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling DefendantsCamp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP and/or Siskinds Desmeules s.e.n.c.r. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings and the Second Ontario Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings and the Second Ontario Action or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings or the Second Ontario Action any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only,” and there is not already a confidentiality order issued in the relevant Proceeding or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purposes of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending resolution of the foregoingmotions, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceedingrelevant Proceeding or the Second Ontario Action, (i) file or seek to file such documents or information with the Ontario Court or the BC Court, as applicable, in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the CourtOntario Court or the BC Court (as applicable)” and such records shall not form part of the public record in the relevant Proceeding or the Second Ontario Action except upon order of the Ontario Court or the BC Court, as applicable, or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the Settling Defendants’ motions have been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non- Settling Defendant for the purposes of the Proceedingrelevant Proceeding or the Second Ontario Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceedings or the Second Ontario Action, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in the Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.88(2) shall comply with Practice Direction 35—Sealing Order in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.8(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in one or more Proceedings or the Proceeding Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a the Ontario Court or the BC Court, as applicable; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the ProceedingProceedings or the Second Ontario Action, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the ProceedingProceedings or the Second Ontario Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceedings or the Second Ontario Action, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in one or more of the Proceeding Proceedings or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only,” and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed shall, at least thirty (30) days in advance of the proposed production or filing, file a motion for a confidentiality order in order that a form acceptable to the Settling Defendants may move to obtain a sealing or confidentiality order or similar reliefDefendants, acting reasonably. If, within that thirty (30) day period, a Settling Defendant so moves, the The Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion for a confidentiality order has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending resolution of the foregoingmotions, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the relevant Proceeding, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Non- Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the motion for a confidentiality order has been decided and all the applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceedings, or a competitor of the Settling Defendants. In additionthe BC Actions, if any application for a Settling Defendant intervenes for sealing order brought pursuant to this purpose, the Plaintiffs Section 4.2(2) shall comply with Practice Direction 35—Sealing Order in Civil and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding one or more Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the ProceedingProceedings, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that that, until the Settling Defendants’ motion has been finally decided, all appeals dismissed and/or all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceedings, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding one or more Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, in the Proceedings in which there is no BC Action and/or Quebec Action, Ontario Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLPLLP and/or Siskinds Desmeules s.e.n.c.r.l., as applicable, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is and/or Siskinds Desmeules s.e.n.c.r.l. are assisting Ontario Class Counsel in the prosecution of the that Proceeding and they Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP and/or Siskinds Desmeules s.e.n.c.r.l. agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding with any Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.thirty

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information were, are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLPLLP and Siskinds Desmeules s.e.n.c.r.l., to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is and Siskinds Desmeules s.e.n.c.r.l. are assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding Proceeding, any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purposes of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents Documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending resolution of the foregoingmotion, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP44673700-CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and either all applicable appeal periods have expired, no appeal has been brought and there is a final order requiring production of such information or documents, or any appeals have been finally determined and there is a final order requiring production of such information or documents except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceeding, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.,

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and the Second Ontario Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that thirty (30) day period, a Settling Defendant Defendants so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ ' motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant Defendants whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceeding or a competitor of the Settling Defendants. In addition, if a Settling Defendant Defendants intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.2(1) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring production of such documents or information, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a the Court; and (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Non- Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be disclosed or used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be disclosed or used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If Class Counsel shall use best efforts to obtain confidentiality orders in each of the Proceedings that Class Counsel is actively pursuing, in a form acceptable to the Settling Defendants, acting reasonably. Class Counsel shall use best efforts to obtain such confidentiality orders prior to the Effective Date. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35—Sealing Order in Civil and Family Proceedings. (3) If, to the extent permitted by this Settlement Agreement and any applicable confidentiality or protective order, the Plaintiffs intend to produce or file in the Proceeding with any Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the relevant Proceeding, : (i) file or seek to an interim sealing order pending the Settling Defendant’s motion and, if an interim sealing order is granted, may file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent pursuant to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly availableinterim sealing order; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.or

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents the cooperation shall also be made available to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLPLLP and/or Siskinds Desmeules s.e.n.c.r.l, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is and/or Siskinds Desmeules s.e.n.c.r.l are assisting Class Counsel in the prosecution of the Proceeding Proceedings, and they Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP and/or Siskinds Desmeules s.e.n.c.r.l agree to keep such information and documents confidential and only use it such information and documents for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings, any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — – Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending the foregoingresolution of the motion(s), the Plaintiffs and Class Counsel may, so as not to delay prosecution of the relevant Proceeding, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the Settling Defendant’s motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the relevant Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a the Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceedingrelevant Proceeding(s), Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that that, until a final order has been issued required the Plaintiff and/or Class Counsel to produce the relevant information or documents, all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the relevant Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding relevant Proceeding, or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding one or more Proceedings, that applies to the documents and information provided as cooperation by the Settling DefendantsDefendants and except as otherwise provided for in this Section 4.2, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceeding and the Second Ontario Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information were, are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding and the Second Ontario Action or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and the Second Ontario Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in the Proceeding or the Second Ontario Action any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only,” and there is not already a confidentiality order issued in the Proceeding or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain intervene for the purposes of obtaining a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, a Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, a Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents Documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending resolution of the foregoingmotions, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the ProceedingProceedings or the Second Ontario Action, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding or the Second Ontario Action except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party Non-Settling Defendant for the purposes of the ProceedingProceeding or Second Ontario Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceeding or Second Ontario Action, or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential” or “Highly Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement– Outside Attorneys Only”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding or the Second Ontario Action that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.or

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the Proceeding, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding or as otherwise required by law, except to the extent that the documents or information were, are or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and Proceeding, they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in with the Proceeding Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain a sealing or confidentiality order or similar relief. If, within that the thirty (30) day period, a Settling Defendant does not so movesmove, the Plaintiffs and Class Counsel can produce or file the information or Documents in the ordinary course. If, within that thirty (30) day period, the Settling Defendants so move, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion has been decided and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceeding, (i) file or seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant Defendants whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceeding or a competitor of the Settling Defendants. In addition, if a the Settling Defendant intervenes Defendants intervene for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide notice to the Settling Defendants promptly upon becoming aware of it in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and all applicable appeal periods have expireda Final Order has been issued requiring production of such documents or information, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a the Court; and (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceeding, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Non- Settling Defendant Defendants provided that counsel for the Non-Settling Defendant Defendants agree and give assurances that that, until the Settling Defendants’ motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceeding, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding or a competitor of the Settling Defendants. (4) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.U.S.

Limits on Use of Documents and Information. (1) The Plaintiffs and Class Counsel agree they will not disclose or use the documents and information provided by the Settling Defendants and/or Counsel for the Settling Defendants except as permitted by this Settlement Agreement. It is understood and agreed that all documents and information made available or provided by the Settling Defendants and/or Counsel for the Settling Defendants to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings as against Persons who are not Releasees, and shall not be disclosed or used directly or indirectly for any other purpose, except to the extent that the documents or information are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. The Even where disclosure is permitted by this Settlement Agreement, the Plaintiffs and Class Counsel agree they will shall not disclose the such documents and or information provided by the Settling Defendants and/or Counsel for the Settling Defendants beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings or as otherwise required by law, except to the extent that the documents or information information, are or become publicly availableavailable other than through breach of this Settlement Agreement or any applicable confidentiality or protective order. Subject Except to the foregoingextent disclosure is expressly permitted by this Settlement Agreement, the Plaintiffs and Class Counsel shall take reasonable precautions make best efforts to ensure and maintain the confidentiality of such the documents and informationprovided by the Settling Defendants and/or Counsel for the Settling Defendants, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP is assisting Class Counsel in the prosecution of the Proceeding and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If Class Counsel shall use best efforts to obtain confidentiality orders in each of the Proceedings in a form acceptable to the Settling Defendants, acting reasonably. Class Counsel shall use best efforts to obtain such confidentiality orders prior to the Effective Date. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35—Sealing Order in Civil and Family Proceedings. (3) If, to the extent permitted by this Settlement Agreement and any applicable confidentiality or protective order, the Plaintiffs intend to produce or file in the Proceeding with any Court any documents or other information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) whichDefendants, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement,” and there is not already a confidentiality order issued in the Proceeding Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall provide the Settling Defendants with an advance description of the documents or other information sought to be produced or filed shall, at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants may move to obtain file a sealing or motion for a confidentiality order or similar reliefin accordance with Section 4.2(2). If, within that thirty (30) day period, a Settling Defendant so moves, the The Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ motion for a confidentiality order has been decided in all of the Proceedings and all applicable appeal periods have expired. Notwithstanding the foregoing, the Plaintiffs and Class Counsel mayexcept, so as not to delay prosecution of the Proceeding, (i) file or Proceedings Class Counsel may seek to file such documents or information with the Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title consent of the action and the following statement: “This envelope/box/container containing documents Settling Defendants, which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records consent shall not form part of the public record in the Proceeding except upon order of the Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide be unreasonably withheld, to provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding, Proceedings or a competitor of the Settling Defendants. In addition, if a Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. (34) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants as “Confidential — Subject to Procedure Under Section 4.2(24.2(4) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, ” and there is not already a confidentiality order issued in the Proceeding Proceedings that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall forthwith proceed with a motion for a confidentiality order in accordance with Section 4.2(2) to seek confidentiality protection over such documents and information and provide notice to the Settling Defendants promptly upon becoming aware of it the request in order that the Settling Defendants may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ motion has been decided and a final order has been issued requiring production of such documents or information, and all applicable appeal periods have expired, except: (i) to the extent such information or documents are or become otherwise publicly availableavailable except through breach of this Settlement Agreement, any applicable confidentiality order or similar obligation; (ii) as ordered to do so by a Court; and (iii) in the event that the Person making the request is a Non- Non-Settling DefendantDefendant who has brought a motion seeking to compel disclosure or production, so as not to delay prosecution of the ProceedingProceedings, Class Counsel may seek the consent of the Settling Defendants, which consent is not to be unreasonably withheld, to provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant provided that counsel for the Non-Settling Defendant agree and give assurances that the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the ProceedingProceedings, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the Proceeding Proceedings or a competitor of the Settling Defendants. (45) In addition, until such a time as a confidentiality order is in place in the Proceeding that applies to the documents Plaintiffs and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents and information received from the Settling Defendants and designated as Confidential or Highly Confidential in accordance with the provisions of the “Stipulation and U.S. Protective Order Governing and the Production Plaintiffs and Exchange Class Counsel agree to abide by the terms of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.the

Limits on Use of Documents and Information. (1) It is understood and agreed that all documents and information made available or provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant to the Plaintiffs and Class Counsel under this Settlement Agreement shall be used only in connection with the prosecution of the claims in the ProceedingProceedings and the Related Action, and shall not be used directly or indirectly for any other purpose, except to the extent that the documents or information are were, are, or become publicly available. The Plaintiffs and Class Counsel agree they will not disclose the documents and information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant beyond what is reasonably necessary for the prosecution of the Proceeding Proceedings and the Related Action or as otherwise required by law, except to the extent that the documents or information are were, are, or become publicly available. Subject to the foregoing, Class Counsel shall take reasonable precautions to ensure and maintain the confidentiality of such documents and information, and of any work product of Class Counsel that discloses such documents and information. Notwithstanding the foregoing, Class Counsel may disclose such information and documents to Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP, Siskinds Desmeules s.e.n.c.r.l. to the extent that Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP Siskinds Desmeules s.e.n.c.r.l. is assisting Class Counsel in the prosecution of the Proceeding Proceedings or the Related Action and they agree to keep such information confidential and only use it for the purpose of providing such assistance. (2) If the Plaintiffs intend to produce or file in any of the Proceeding Proceedings or the Related Action, any documents or other information provided by the Settling Defendants Defendant and/or Counsel for the Settling Defendants Defendant as cooperation under the Settlement Agreement (and such disclosure is not otherwise prohibited by the Settlement Agreement) which, at the time of being provided, were marked or designated by the Settling Defendants Defendant as “Confidential — – Subject to Procedure Under Section 4.2(2) 4.2 of the Settlement Agreement,” and there is not already a confidentiality order issued in the relevant Proceeding or the Related Action that applies to the documents and information provided as cooperation by the Settling DefendantsDefendant, Class Counsel shall provide the Settling Defendants Defendant with an advance description of the documents or other information sought to be produced or filed at least thirty (30) days in advance of the proposed production or filing, in order that the Settling Defendants Defendant may move to obtain a sealing or confidentiality order or similar relief. If, within the thirty (30) day period, the Settling Defendant does not so move, the Plaintiffs and Class Counsel can produce or file the information or documents in the ordinary course. If, within that thirty (30) day period, a the Settling Defendant so moves, the Plaintiffs and Class Counsel shall not produce or file the confidential information or documents until the earlier of: (i) one-hundred and ninety (190) days after being advised of such intention; or (ii) the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expired, except as follows. Notwithstanding Pending the foregoingresolution of the motion(s), the Plaintiffs and Class Counsel may, so as not to delay prosecution of the Proceedingrelevant Proceeding or the Related Action, (i) file or seek to file such documents or information with the relevant Court in sealed envelopes or other appropriate containers, segregated from the public record, endorsed with the title of the action Proceeding and the following statement: “This envelope/box/container containing documents which are filed by [name of Party] and subject to a pending confidentiality motion is not to be opened nor the contents thereof to be displayed or revealed to any non-Court personnel except by order of the Court” and such records shall not form part of the public record in the relevant Proceeding or Related Action except upon order of the relevant Court or by agreement of all Parties and/or the Settling Defendant whose confidential information is contained therein; and (ii) provide provide, on an interim basis, documents or information to counsel for the Non-Settling Defendants provided that counsel for the Non-Settling Defendants agree and give assurances that that, until the Settling Defendant’s motion has been decided and all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the ProceedingProceedings or the Related Action, or a competitor of the Settling DefendantsDefendant. In addition, if a the Settling Defendant intervenes for this purpose, the Plaintiffs and Class Counsel shall not oppose a motion to intervene made by the Settling Defendants Defendant for this purpose, provided that the form and content of the requested order is similar in substance to the order issued by the Ontario Court in Ontario Superior Court of Justice Court File No. CV-12-44673700CP, dated July 15, 2015. In the BC Action, any application for a sealing order brought pursuant to this Section 4.2(2) shall comply with Practice Direction 35— Sealing Orders in Civil and Family Proceedings. (3) In the event that a Person requests disclosure of documents or information provided by the Settling Defendants and/or Counsel for the Settling Defendants Defendant as cooperation under this Settlement Agreement which, at the time of being provided, were marked or designated by the Settling Defendants Defendant as “Confidential — Subject to Procedure Under Section 4.2(2) of the Settlement Agreement”, whether or not the Person applies for an order requiring the Plaintiffs to disclose or produce any documents or other information, and there is not already a confidentiality order issued in the relevant Proceeding or the Related Action that applies to the documents and information provided as cooperation by the Settling DefendantsDefendant, Class Counsel shall provide notice to the Settling Defendants Defendant promptly upon becoming aware of it in order that the Settling Defendants Defendant may intervene to oppose such disclosure or production. In no circumstances shall the Plaintiffs or Class Counsel apply for or consent to such an application for disclosure or production. The Plaintiffs and Class Counsel shall not disclose the confidential information or documents until the Settling Defendants’ Defendant’s motion has been decided and all applicable appeal periods have expireda final order has been issued requiring the Plaintiffs and/or Class Counsel to produce the relevant information or documents, except: (i) to the extent such information or documents are or become otherwise publicly available; (ii) as ordered to do so by a Court; and or (iii) in the event that the Person making the request is a Non- Non-Settling Defendant, so as not to delay prosecution of the Proceedingrelevant Proceeding(s) or the Related Action, Class Counsel may provide, on an interim basis, documents or information to counsel for the Non-Settling Defendant Defendants provided that counsel for the Non-Non- Settling Defendant Defendants agree and give assurances that that, until a final order has been issued required the Plaintiff and/or Class Counsel to produce the relevant information or documents, all applicable appeal periods have expired, the documents or information will remain with external counsel and will only be disclosed to independent expert(s) retained by a Party for the purposes of the Proceedingrelevant Proceeding or the Related Action, as well as secretarial, clerical or other support personnel of such expert(s) to whom disclosure is reasonably necessary. An independent expert may not be an employee of a Plaintiff or Defendant in the relevant Proceeding or the Related Action, or a competitor of the Settling DefendantsDefendant. (4) In addition, until such a time as a confidentiality order is in place in one or more Proceedings, or the Proceeding Related Action, that applies to the documents and information provided as cooperation by the Settling Defendants, Class Counsel shall treat any documents received from the Settling Defendants Defendant and designated except as Confidential or Highly Confidential otherwise provided for in accordance with the provisions of the “Stipulation and Protective Order Governing the Production and Exchange of Confidential Information” issued in the U.S. Litigation on July 10, 2012 (the “U.S. Protective Order”). Once a confidentiality or protective order(s) is issued in the Proceeding, that order(s) shall govern any documents and information received from the Settling Defendants.this Section 4.2,