Ongoing Jurisdiction. (1) Each of the Courts shall retain exclusive jurisdiction over the actions commenced in its jurisdiction and the Parties thereto. (2) The Parties agree that no Court shall make any order or give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) with which it shares jurisdiction over that matter. (3) Notwithstanding Sections 15.5(1) and 15.5(2) the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement and the Parties attorn to the jurisdiction of the Ontario Court for such purposes. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member or a BC Electrolytic Settlement Class member shall be determined by the Ontario Court.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Ongoing Jurisdiction. (1) Each of the Courts shall retain exclusive jurisdiction over the actions Proceedings commenced in its jurisdiction jurisdiction, and the Parties theretoand the Class Counsel Fees in that Proceedings. Notwithstanding the foregoing, the Ontario Court has jurisdiction to approve Class Counsel Fees and Class Counsel Disbursements for Ontario and BC Counsel.
(2) The Parties agree that no No Party shall ask a Court shall to make any order or to give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) with and which it shares jurisdiction over that matter.
(3) Notwithstanding Sections 15.5(113.4(1) and 15.5(2) 13.4(2), the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement and the Parties Trust Account, and the Plaintiffs, Settlement Class Members and Settling Defendants attorn to the jurisdiction of the Ontario Court for such purposes. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member or a BC Electrolytic Settlement Class member shall be determined by the Ontario Court.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Ongoing Jurisdiction. (1) Each of the Courts shall retain exclusive jurisdiction over the actions Proceeding commenced in its jurisdiction jurisdiction, and the Parties theretoand the Class Counsel Fees in that Proceeding. Notwithstanding the foregoing, the Ontario Court has jurisdiction to approve Class Counsel Fees and Class Counsel Disbursements for Ontario and BC Counsel.
(2) The Parties agree that no No Party shall ask a Court shall to make any order or give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) with which it shares jurisdiction over that matter.
(3) Notwithstanding Sections 15.5(113.4(1) and 15.5(2) 13.4(2), the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement Agreement, and the Parties attorn Plaintiffs, Settlement Class Members and Settling Defendants attom to the jurisdiction of the Ontario Court for such purposes. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member BC Action or a BC Electrolytic Settlement Class member the Quebec Action shall be determined by the Ontario Court.
Appears in 1 contract
Samples: Settlement Agreement
Ongoing Jurisdiction. (1) Each Subject to the rights of the Releasees who are named as Defendants to contest personal jurisdiction if this Settlement Agreement is terminated or the Effective Date does not occur, each of the Courts shall retain exclusive jurisdiction over the actions Proceeding commenced in its jurisdiction jurisdiction, the Parties to that Proceeding and the Parties theretoClass Counsel Fees in that Proceeding.
(2) The Parties agree that no No Party shall ask a Court shall to make any order or give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) Court with which it shares jurisdiction over that matter.
(3) Notwithstanding Sections 15.5(1) and 15.5(2) ), the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement Agreement, and the Parties attorn Plaintiffs, Settlement Class Members and Settling Defendant attorns to the jurisdiction of the Ontario Court for such purposespurposes only and for no other purpose. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member or a BC Electrolytic Settlement Class member Quebec Action shall be determined by the Ontario Court.
Appears in 1 contract
Samples: Settlement Agreement
Ongoing Jurisdiction. (1) Each of the Courts shall retain exclusive jurisdiction over the actions Proceeding commenced in its jurisdiction jurisdiction, and the Parties theretoand the Class Counsel Fees in that Proceeding. Notwithstanding the foregoing, the Ontario Court has jurisdiction to approve Class Counsel Fees and Class Counsel Disbursements for Ontario and BC Counsel.
(2) The Parties agree that no No Party shall ask a Court shall to make any order or give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) with which it shares jurisdiction over that matter.
(3) Notwithstanding Sections 15.5(113.4(1) and 15.5(2) 13.4(2), the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement Agreement, and the Parties Plaintiffs, Settlement Class Members and Settling Defendants attorn to the jurisdiction of the Ontario Court for such purposes. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member BC Action or a BC Electrolytic Settlement Class member the Quebec Action shall be determined by the Ontario Court.
Appears in 1 contract
Samples: National Settlement Agreement
Ongoing Jurisdiction.
(1) Each of the Courts shall retain exclusive jurisdiction over the actions commenced in its jurisdiction and the Parties thereto.thereto.
(2) The Parties agree that no Court shall make any order or give any direction in respect of any matter of shared jurisdiction unless that order or direction is conditional upon a complementary order or direction being made or given by the other Court(s) with which it shares jurisdiction over that matter.matter.
(3) Notwithstanding Sections 15.5(1) and 15.5(2) the Ontario Court shall exercise jurisdiction with respect to implementation, administration, interpretation and enforcement of the terms of this Settlement Agreement and the Parties attorn to the jurisdiction of the Ontario Court for such purposes. Issues related to the administration of this Settlement Agreement, the Trust Account, and other matters not specifically related to the claim of a Québec Settlement Class member or a BC Electrolytic Settlement Class member shall be determined by the Ontario Court.
Appears in 1 contract
Samples: Settlement Agreement