Material Term. (1) The releases, covenants, dismissals, and granting of consent contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, and granting of consent contemplated herein shall give rise to a right of termination pursuant to Section 5.1 of the Settlement Agreement.
Material Term. (1) The Parties acknowledge that the bar orders, waivers, renunciations of solidarity and reservations of rights contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the bar orders, waivers, renunciations of solidarity and reservations of rights contemplated herein shall give rise to a right of termination pursuant to Section 5.1 of the Settlement Agreement.
Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated herein shall give rise to a right of termination pursuant to section 6.1 of the Settlement Agreement.
Material Term. (1) The releases contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases contemplated herein shall give rise to a right of termination pursuant to Section 6.1 of the Settlement Agreement.
Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3)), the Parties acknowledge that the bar orders and the declaration of renunciation of the benefit of solidarity contemplated herein shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec Court to approve the bar orders or to declare the renunciation of the benefit of solidarity contemplated herein shall give rise to a right to termination pursuant to section 6.1 of the Settlement Agreement.
Material Term. (1) For the avoidance of doubt and without limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to Section 9.1(4)), the releases and reservations of rights contemplated in this Section 8 shall be considered a material term of the Settlement Agreement and the failure of the Court to approve the releases and/or reservation of rights contemplated herein shall give rise to a right to terminate pursuant to Section 9.1 of this Settlement Agreement.
Material Term. (1) The releases, covenants, dismissals, and granting of consent contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, and granting of consent contemplated herein shall give rise to a right of termination pursuant to Section 6.1 of the Settlement Agreement.
8.1 Ontario and British Columbia Bar Order
(1) Class Counsel shall seek a bar order from the Ontario Court and the BC Court providing for the following:
(a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section 8.1 (unless such claim is made in respect of a claim by a Person who has validly opted-out of the Proceedings);
(b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim:
(i) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act, RSC 1985, c C 34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise;
(ii) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from ...
Material Term. (1) The Parties acknowledge that the bar orders, waiver or renunciation of solidarity, and reservation of rights contemplated in this Section 6 shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec Court to approve the bar orders, waiver or renunciation of solidarity, and reservations of rights contemplated herein shall give rise to a right of termination pursuant to Section 4.1 of the Settlement Agreement.
Material Term. Executive acknowledges that maintaining the confidentiality of such Confidential Information is necessary to the successful conduct of the business of Company and its goodwill, and that any breach of any term of this Section 7 shall be a material breach of this Agreement.
Material Term. (1) The Parties acknowledge that the bar orders and reservations of rights contemplated in this Section 7 shall be considered a material term of the Settlement Agreement and the failure of the Court to approve the bar orders and reservations of rights contemplated herein shall give rise to a right of termination pursuant to Section 5.1 of the Settlement Agreement.
