Ontario and British Columbia Bar Order Sample Clauses

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action and BC Electrolytic Action approving this Settlement Agreement must include a bar order in respect of the Ontario Electrolytic Action and the BC Electrolytic Action which includes the following terms: (a) A provision that 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 Electrolytic Claims which were or could have been brought in the Electrolytic Proceedings or otherwise, or could in the future be brought on the basis of the same events, actions and omissions underlying the Electrolytic Proceedings, by any Non-Settling Electrolytic Defendants, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic Defendants, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this subsection (unless such claim is made in respect of a claim by a Person who has validly opted-out of the Proceedings); (b) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that there is a right of contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise: (i) the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, shall not be entitled to claim or recover from the Non-Settling Electrolytic Defendants and/or named or unnamed alleged 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) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (ii) the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, shall limit their claims against the Non-Settling Electrolytic Defendants and/or, named or unnamed alleged co-conspirators...
Sample 1Sample 2Sample 3See All (38)
AutoNDA by SimpleDocs
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 (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario Action); (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 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 (ii) the Ontario and BC Plaintiffs and the 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 the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for 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) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Me...
Sample 1Sample 2See All (9)
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, the Related Action, 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 7.1 (unless such claim is made in respect of a claim by a Person who has validly opted-out of the Proceedings and the Related Action); (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:
Sample 1
Ontario and British Columbia Bar Order. (1) Class Counsel shall seek bar orders from the Ontario Court and the BC Court providing that 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, the Second Ontario Action or Other Actions, or otherwise, by any Settled Defendant, any named or unnamed co- conspirator that is not a Releasee or any other Person or party against a Releasee, or by a Releasee against any Settled Defendant, any named or unnamed co-conspirator that is not a Releasee, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings).
Sample 1
Ontario and British Columbia Bar Order. (a) The Plaintiffs in the Ontario Action and the BC Action shall seek a bar order from the Ontario and BC Courts providing for the following: (i) all claims for contribution, indemnity or other claims over, whether asserted or 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 Actions or otherwise, by any Non-Settling Defendant or any other Person or party, against one or more of the Released Parties, or by one of more of the Released Parties against a Non-Settling Defendant, are barred, prohibited and enjoined in accordance with the terms of this Section; (ii) a Non-Settling Defendant may, upon motion on at least ten (10) days notice to counsel for LAN, and not to be brought unless and until the Action against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted, seek an order from one or more of the Ontario and BC Courts for the following: (A) documentary discovery and an affidavit of documents in accordance with the relevant rules of civil procedure from LAN; (B) oral discovery of a representative of LAN, the transcript of which may be read in at trial; (C) leave to serve a request to admit on LAN in respect of factual matters; and/or (D) the production of a representative of LAN to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. LAN retains all rights to oppose such motion(s). (iii) To the extent that an order is granted pursuant to Section 4.1(a)(ii) and discovery is provided to a Non-Settling Defendant, a copy of all discovery provided, whether oral or documentary in nature, shall timely be provided by LAN to the Plaintiffs and Class Counsel; and (iv) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 4.1(a)(ii) on LAN by service on counsel of record for LAN in the Actions. (b) If the Courts ultimately determine that there is a right of contribution and indemnity between co-conspirators, the Plaintiffs in the Ontario Action and the BC Action, and Ontario Settlement Class Members and BC Settlement Class Members shall restrict their joint and several claims against the Non-Settling Defendants such that the Plaintiffs in the Ontario Action and the BC Action, and Ontario Settlement Class Members and BC Settlement Class Members shall be entitled to claim and recover from the Non-Settling Def...
Sample 1

Related to Ontario and British Columbia Bar Order

  • Canada A Signature Guarantee obtained from an authorized officer of the Royal Bank of Canada, Scotia Bank or TD Canada Trust. The Guarantor must affix a stamp bearing the actual words “Signature Guaranteed”, sign and print their full name and alpha numeric signing number. Signature Guarantees are not accepted from Treasury Branches, Credit Unions or Caisse Populaires unless they are members of a Medallion Signature Guarantee Program. For corporate holders, corporate signing resolutions, including certificate of incumbency, are also required to accompany the transfer, unless there is a “Signature & Authority to Sign Guarantee” Stamp affixed to the transfer (as opposed to a “Signature Guaranteed” Stamp) obtained from an authorized officer of the Royal Bank of Canada, Scotia Bank or TD Canada Trust or a Medallion Signature Guarantee with the correct prefix covering the face value of the certificate.

  • Oregon Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed.

  • LANCASTER COUNTY, NEBRASKA Contract Approved as to Form:

  • Oklahoma This Agreement is not a contract of insurance. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. CANCELLATION section is amended as follows: In the event You cancel this Agreement, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium, less any claims that have been paid or less the cost of repairs made on Your behalf. In the event We cancel this Agreement, return of premium shall be based upon one hundred percent (100%) of unearned pro rata premium, less any claims that have been paid or less the cost of repairs made on Your behalf. ARBITRATION – While arbitration is mandatory, the outcome of any arbitration shall be non-binding on the parties, and either party shall, following arbitration, have the right to reject the arbitration award and bring suit in a district court of Oklahoma.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!