Common use of Ontario and British Columbia Bar Order Clause in Contracts

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 and/or, any other Person or party that is not a Releasee, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action order and BC Electrolytic Action British Columbia order 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) 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 otherwise by any Non-Settling Defendants, 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 Non-Settling Defendants or any named or unnamed co-conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this subsection; (ii) 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 relating to the Released Claims proven at trial or otherwise; (iiiii) the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes Class or BC Settlement ClassesClass, as applicable, shall limit their claims against a) the Non-Settling Electrolytic Defendants and/or, b) named or unnamed alleged co-conspirators and/or, c) any other Person or party that is not a Releasee, to include, and shall be entitled to recover from a) the Non-Non- Settling Electrolytic Defendants and/or, b) named or unnamed alleged co-conspirators and/or, any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.,

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 Class Counsel shall seek a bar order in respect of from the Ontario Electrolytic Action Court and the BC Electrolytic Action which includes Court providing for the following termsfollowing: (a) A provision that to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs costs, relating to the Released Electrolytic Claims Claims, which were or could have been brought in the Electrolytic Proceedings or otherwiseany Other Actions, or could in the future be brought on the basis of the same events, actions and omissions underlying the Electrolytic Proceedingsotherwise, by any Non-Settling Electrolytic DefendantsDefendant, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic DefendantsDefendant, 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 Section (unless such claim is made in respect of a claim by a Person who has validly opted-opted out of the ProceedingsOntario Action); (b) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that there is a right of claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwiseotherwise is a legally recognized claim: (i) the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, Members 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 and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, Class Members shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/orand/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, to include, and shall be entitled to 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, only such those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicableMembers, if any, and, for greater certainty, the Ontario Electrolytic and BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to claim and seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding and shall not be binding on the Releasees in any other proceeding.; (c) A provision that nothing in after the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which relevant Proceeding against the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest has been certified and costs (including investigation costs claimed pursuant all appeals or times to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, appeal have been exhausted and on at least ten twenty (1020) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the a Non-Settling Electrolytic Defendants has been certified Defendant may, on motion to the Ontario Court or the BC Court, as a class proceeding (but not including any certification for settlement purposes)appropriate, seek Orders seeking an Order for the following, which order shall be determined as if the Settling Defendants remained a party parties to the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding: (i) documentary discovery and an affidavit affidavit(s) of documents (list of documents in British Columbia) from the Settling Defendants Defendant(s) in accordance with the relevant that Court’s rules of civil procedure; (ii) oral discovery of a representative representative(s) of the Settling DefendantsDefendant(s), the transcript of which may be read in at trial; (iii) leave to serve a request request(s) to admit (notice to admit in British Columbia) on the Settling Defendants Defendant(s) in respect of factual matters; and/or (iv) the production of a representative representative(s) of the Settling Defendants Defendant(s) to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the Settling Defendants retain all rights to oppose such motion(s) any motion brought pursuant to subsection 8.1(1)(dSection 7.1(1)(c), including any such motion brought at trial seeking an order requiring the Settling Defendants to produce a representative to testify at trial. Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(dSection 7.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, ; (e) on any motion brought pursuant to subsection 8.1(1)(dSection 7.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate.; (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-a Non- Settling Electrolytic DefendantsDefendant, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s).Defendant; (3g) The Plaintiffs the Ontario Court and BC Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants agree that will attorn to the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect jurisdiction of the Ontario Film Action and BC Film Action Courts for these purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 7.1(1)(c) on a Settling Defendant by service on Counsel for the same form contemplated by 8.1 (1) and (2), with necessary modificationSettling Defendants.

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 any Other Action, 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-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 Electrolytic 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 Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Electrolytic Settlement ClassesClass, as applicable, shall limit their claims against 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, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, to the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding.; (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Electrolytic Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten twenty (10) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, has been certified as a class proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants.; (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate.; and (f) A provision that a Non-Settling Electrolytic Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(sElectrolytic Defendants(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by Sections 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Ontario and British Columbia 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) 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 otherwise, or could in the future be brought on the basis of the same events, actions and omissions underlying the Proceedings or otherwise, by any Non-Settling Defendant, any named or unnamed alleged co-conspirator that is not a Releasee or any other Person or party against a Releasee are barred, prohibited and enjoined in accordance with the terms of this subsection; (ii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, 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 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; (iiiii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement ClassesClass Members, as applicable, shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, if any, and, for greater certainty, the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to seek to claim and recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted to the extent provided by law; and, (iiiiv) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or Releasees appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (cb) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that the Non-Settling Defendants would not have the right to make claims for contribution and indemnity or other claims over, whether in equity or in law, by statute or otherwise, from or against the Releasees, then nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, is intended to or shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), profits or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (dc) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, determined as if the Settling Defendants remained party to the Ontario or BC Action, as applicable, and on at least ten (10) days’ notice to Counsel counsel for the Settling Defendants, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been fully certified as a class proceeding (but not including any certification as opposed to being certified for settlement purposes)) and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or, (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d8.1(1)(c). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d8.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d8.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (fe) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d8.1(1)(c) on the Settling Defendants by service on Counsel counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d8.1(1)(c) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants Defendant agree that the Ontario and British Columbia 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) 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 otherwise by any Non-Settling 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 Non- Settling Defendant or any named or unnamed co-conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this subsection; (ii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, 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; (iiiii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement ClassesClass Members, as applicable, shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-co- conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, if any, and, for greater certainty, the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to seek to claim and recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted to the extent provided by law; and, (iiiiv) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (cb) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that the Non-Settling Defendants would not have the right to make claims for contribution and indemnity or other claims over, whether in equity or in law, by statute or otherwise, from or against the Releasees, then nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, is intended to or shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), profits or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (dc) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, determined as if the Settling Defendant remained party to the Ontario or BC Action, as applicable, and on at least ten (10) days’ notice to Counsel counsel for the Settling DefendantsDefendant, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants Defendant in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling DefendantsDefendant, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants Defendant in respect of factual matters; and/or, (iv) the production of a representative of the Settling Defendants Defendant to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the Settling Defendants retain Defendant retains all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d8.1(1)(c). Moreover, nothing herein restricts the Settling Defendants Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d8.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d8.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (fe) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d8.1(1)(c) on the Settling Defendants Defendant by service on Counsel counsel for the Settling Defendants Defendant in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d8.1(1)(c) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Main Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action Proceeding and the BC Electrolytic Action approving this Settlement Agreement must include Proceeding shall seek a bar order in respect of from the Ontario Electrolytic Action and BC Courts providing for the BC Electrolytic Action which includes the following termsfollowing: (a) A provision that all All claims for contribution, indemnity or other claims over, whether asserted, unasserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs 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 Canadian Proceedings, by any Non-Settling Electrolytic Defendants, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, Defendant or any other Person or party 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, Defendant or any other Person or partyparty (excepting (i) a claim by a Releasee against any Person excluded in writing from the definition of Releasees; (ii) a claim by a Releasee pursuant to a policy of insurance, provided any such claim involves no right of subrogation against any Non-Settling Defendant; and (iii) a claim by a Person who has validly and timely opted-out of the Main Proceedings), 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);order. (b) A provision that if If the Ontario Court or BC Court, as applicable, ultimately Court 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, Members 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;; and, (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 and/or, any other Person or party that is not a Releasee, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicableProceeding, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or Releasees appear at the trial or other disposition, disposition and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, Proceeding and any determination by the Ontario or BC Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, Proceedings and shall not be binding on the Releasees in any other proceedingproceedings. (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and Court brought on at least ten (10) days’ days notice and to Counsel for be determined as if Hershey Canada is a party to the Settling DefendantsOntario or BC Proceeding, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, Proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any and all appeals or times to appeal from such certification for settlement purposes)have been exhausted, seek Orders seeking orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedureprocedure from Hershey Canada; (ii) oral discovery of a representative of the Settling DefendantsHershey Canada, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants Hershey Canada in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants Hershey Canada to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic DefendantsDefendant. (e2) A provision that the Settling Defendants retain Hershey Canada retains all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(dunder section 7.1(1)(c). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f3) A provision that a Non-Settling Defendant may serve of the motion(s) referred to in subsection 8.1(1)(dsection 7.1(1)(c) on the Settling Defendants Hershey Canada by service on Counsel counsel of record for the Settling Defendants Hershey Canada in the relevant ProceedingMain Proceedings. (24) To the extent that such an order is granted pursuant to subsection 8.1(1)(dsection 7.1(1)(c) and discovery is provided to the a Non-Settling Electrolytic DefendantsDefendant, a copy of all discovery provided, whether oral or documentary in nature, shall promptly be provided by the Settling Defendants Hershey Canada to the Main Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s)Counsel. (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Ontario Electrolytic Plaintiffs, the BC Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action and the BC Electrolytic Action approving this Settlement Agreement must include contain a bar order in respect of the Ontario Electrolytic Action and the BC Electrolytic Action which includes the following terms: (a) 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 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, Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic Defendants, Defendants or 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 section (unless such claim is made in respect of a claim by a Person who has validly opted-out of the Proceedings); (b) A 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 Electrolytic 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 relating to the Released Electrolytic Claims proven at trial or otherwise; (ii) the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes Class or BC Electrolytic Settlement ClassesClass, as applicable, shall limit their claims against 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, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, Action or appear at the trial or other disposition, and the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A a provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of the Ontario Electrolytic Plaintiffs and Ontario Electrolytic Settlement Class Members or the BC Plaintiff and the BC Electrolytic Settlement Class MembersClass, as applicable, to oppose or resist any such arguments, except as provided for in this section Section 8.1;. (d) A a provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten twenty (1020) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, has been certified as a class proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (or list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (or notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A a provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection the provision referenced in Section 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of confidential, competitively sensitive and/or proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection the provision referenced in Section 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection the provision referenced in Section 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A a provision that a Non-Settling Electrolytic Defendant may serve the motion(s) referred to in subsection Section 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection the provision referenced in Section 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a any Non-Settling Defendant(s)Electrolytic Defendant. (3) The Film Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include contain a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1Sections 8.1(1) and (28.1(2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Electrolytic Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action and the 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 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 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, Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic Defendants, Defendants or 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 section (unless such claim is made in respect of a claim by a Person person who has validly opted-opted- out of the Proceedings); (b) A 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 Electrolytic 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 relating to the Released Electrolytic Claims proven at trial or otherwise; (ii) the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes Class or BC Settlement ClassesClass, as applicable, shall limit their claims against 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, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law.; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or appear at the trial or other disposition, and the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1;. (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d7.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d7.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d7.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Electrolytic Defendant may serve the motion(s) referred to in subsection 8.1(1)(d7.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d7.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(sElectrolytic Defendants(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (17.1(1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the British Columbia and Ontario 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 Action. The bar order shall be in a form agreed to by the following termsPlaintiffs and the Settling Defendants, but shall include: (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) 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 otherwise by any Non- Settling Defendants, 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 Non-Settling Defendants or any named or unnamed co- conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this Section; (ii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, shall not be entitled to claim or recover from the Non-Settling Electrolytic Defendants and/or named or unnamed alleged co-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; (iiiii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement ClassesClass Members, as applicable, shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, if any, and, for greater certainty, the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to seek to claim and recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted to the extent provided by law; and (iiiiv) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (cb) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that the Non-Settling Defendants would not have the right to make claims for contribution and indemnity or other claims over, whether in equity or in law, by statute or otherwise, from or against the Releasees, then nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, is intended to or shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), profits or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1;. (dc) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, determined as if the Settling Defendants remained party to the Ontario or BC Action, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(dSection 5.1(1)(c). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(dSection 5.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(dSection 5.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (fe) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(dSection 5.1(1)(c) on the Settling Defendants by service on Counsel counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(dSection 5.1(1)(c) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(sDefendants(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants Defendant agree that the British Columbia and Ontario 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 Action. The bar order shall be in a form agreed to by the following termsPlaintiffs and the Settling Defendant, but shall include: (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) 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 otherwise by any Non- Settling 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 Non-Settling Defendant or any named or unnamed co- conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this Section; (ii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, shall not be entitled to claim or recover from the Non-Settling Electrolytic Defendants and/or named or unnamed alleged co-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; (iiiii) the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement ClassesClass Members, as applicable, shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, if any, and, for greater certainty, the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to seek to claim and recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted to the extent provided by law; and (iiiiv) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (cb) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that the Non-Settling Defendants would not have the right to make claims for contribution and indemnity or other claims over, whether in equity or in law, by statute or otherwise, from or against the Releasees, then nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, is intended to or shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), profits or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1;. (dc) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable determined as if the Settling Defendant remained party to the Ontario or BC Action, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling DefendantsDefendant, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants Defendant in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling DefendantsDefendant, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants Defendant in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants Defendant to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the Settling Defendants retain Defendant retains all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(dSection 5.1(1)(c). Moreover, nothing herein restricts the Settling Defendants Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(dSection 5.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(dSection 5.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (fe) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(dSection 5.1(1)(c) on the Settling Defendants Defendant by service on Counsel counsel for the Settling Defendants Defendant in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(dSection 5.1(1)(c) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Bar orders in shall be sought from the Ontario Electrolytic Action and BC Electrolytic Action approving this Settlement Agreement must include a bar order in respect of the Ontario Electrolytic Action Court and the BC Electrolytic Action which includes Court providing for the following termsfollowing: (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. 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 otherwise, by any Non- Settling 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 Non-Settling Defendant or any named or unnamed co-conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this Section (i) unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings); ii. the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, Members 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) iii. the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, Class Members shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/orand/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and recover on a joint and several basis as between 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 Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted extent provided by law; and (iii) iv. the Ontario Court and the BC Court, as applicable, Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (db) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or the BC Court, as applicableappropriate, determined as if the Settling Defendants remained parties to the relevant Proceeding, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action order and BC Electrolytic Action British Columbia order 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 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 Class or BC Settlement ClassesClass, as applicable, shall limit their claims against 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, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff Plaintiffs and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Ontario and British Columbia 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 costs, relating to the Released Electrolytic Claims Claims, which were or could have been brought in the Electrolytic Proceedings Ontario Action and BC Action or otherwise, or could in the future be brought on the basis of the same events, actions and omissions underlying the Electrolytic ProceedingsOntario Action and BC Action or otherwise, by any Non-Settling Electrolytic Defendants, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, Releasee 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)subsection; (b) A 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 PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, shall not be entitled to claim or recover from the Non-Settling Electrolytic Defendants and/or named or unnamed alleged co-co- conspirators and/or any other Person or party that is not a Releasee 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 PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement ClassesClass Members, as applicable, shall limit their claims against the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to the Ontario Plaintiffs or BC PlaintiffPlaintiffs, as applicable, and the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement ClassMembers, as applicable, if any, and, for greater certainty, the Ontario Electrolytic or BC Settlement Class or BC Electrolytic Settlement Class Members shall be entitled to seek to claim and recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, if permitted to the extent provided by law; and, (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, or Releasees appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A provision that if the Ontario Court or BC Court, as applicable, ultimately determines that the Non-Settling Defendants would not have the right to make claims for contribution and indemnity or other claims over, whether in equity or in law, by statute or otherwise, from or against the Releasees, then nothing in the Ontario and British Columbia and Ontario orders approving this Settlement Agreement, as applicable, is intended to or shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), profits or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant Defendants may, on motion to the Ontario Court or BC Court, as applicable, determined as if the Settling Defendants remained party to the Ontario or BC Action, as applicable, and on at least ten (10) days’ notice to Counsel counsel for the Settling Defendants, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, against the Non-Settling Electrolytic Defendants has been fully certified as a class proceeding (but not including any certification as opposed to being certified for settlement purposes)) and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or, (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d6.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d6.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d6.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant Defendants may serve the motion(s) referred to in subsection 8.1(1)(d6.1(1)(d) on the Settling Defendants by service on Counsel counsel for the Settling Defendants in the relevant ProceedingOntario Action or BC Action. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d6.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(sDefendants(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. ‌ (1) The Ontario Electrolytic Plaintiffs, the BC Plaintiffs and the Settling Defendants agree that the orders in the Ontario Electrolytic Action and the BC Electrolytic Action approving this Settlement Agreement must include contain a bar order in respect of the Ontario Electrolytic Action and the BC Electrolytic Action which includes the following terms:terms:‌ (a) 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 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, Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic Defendants, Defendants or 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 section (unless such claim is made in respect of a claim by a Person who has validly opted-out of the Proceedings); (b) A 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 Electrolytic 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 relating to the Released Electrolytic Claims proven at trial or otherwise; (ii) the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes Class or BC Electrolytic Settlement ClassesClass, as applicable, shall limit their claims against 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, to include, and shall be entitled to 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, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of 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, to the Ontario Electrolytic Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, shall have full authority to determine the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, whether or not the Settling Defendants remain in the Ontario Electrolytic Action or BC Electrolytic Action, Action or appear at the trial or other disposition, and the Proportionate Liability of the Releasees relating to the Released Electrolytic Claims shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action Action, as applicable, and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, and shall not be binding on the Releasees in any other proceeding. (c) A a provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of the Ontario Electrolytic Plaintiffs and Ontario Electrolytic Settlement Class Members or the BC Plaintiff and the BC Electrolytic Settlement Class MembersClass, as applicable, to oppose or resist any such arguments, except as provided for in this section Section 8.1;. (d) A a provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or BC Court, as applicable, and on at least ten twenty (1020) days’ notice to Counsel for the Settling Defendants, and not to be brought until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, has been certified as a class proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes), seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable:following:‌ (i) documentary discovery and an affidavit of documents (or list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request to admit (or notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A a provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection the provision referenced in Section 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of confidential, competitively sensitive and/or proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection the provision referenced in Section 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection the provision referenced in Section 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A a provision that a Non-Settling Electrolytic Defendant may serve the motion(s) referred to in subsection Section 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection the provision referenced in Section 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a any Non-Settling Defendant(s).Electrolytic Defendant.‌ (3) The Film Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include contain a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1Sections 8.1(1) and (28.1(2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Bar orders in shall be granted by the Ontario Electrolytic Action and BC Electrolytic Action approving this Settlement Agreement must include a bar order in respect of the Ontario Electrolytic Action Court and the BC Electrolytic Action which includes Court providing for the following termsfollowing: (a) A provision that all claims for contribution, indemnity or other claims over, whether asserted, unasserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs costs, relating to the Released Electrolytic Claims 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 DefendantsDefendant, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Electrolytic Defendants, Defendant or any named or unnamed alleged co-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)Section; (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 and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, Members 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 and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, Class Members shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-co- conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation 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 Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and recover on a joint and several basis as between the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, to the Ontario Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted extent provided by law; and (iii) the Ontario Court and the BC Court, as applicable, Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding and shall not be binding on the Releasees in any other proceeding.; (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or the BC Court, as applicableappropriate, determined as if the Settling Defendant or Beijing Matsushita Color CRT Co., Ltd. remained party to the relevant Proceeding, and on at least ten (10) days’ days notice to Counsel for the Settling DefendantsDefendant, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. in accordance with the relevant that Court’s rules of civil procedure; (ii) oral discovery of a representative of the Settling DefendantsDefendants and Beijing Matsushita Color CRT Co., Ltd., the transcript of which may be read in at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the The Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. retain all rights to oppose such motion(s) any motion brought pursuant to subsection 8.1(1)(dsection 7.1(1)(c), including any such motion brought at trial seeking an order requiring the Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. to produce a representative to testify at trial. Moreover, nothing herein restricts the Settling Defendants and Beijing Matsushita Color CRT Co., Ltd. from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(dsection 7.1(1)(c). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, ; (e) on any motion brought pursuant to subsection 8.1(1)(dsection 7.1(1)(c), the Ontario Court or BC Court, as applicable, may make such orders Orders as to costs and other terms as it considers appropriate.; (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the a Non-Settling Electrolytic DefendantsDefendant, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s).Defendant; (3g) The Plaintiffs the Ontario and BC Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants agree that and Beijing Matsushita Color CRT Co., Ltd. will attorn to the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect jurisdiction of the Ontario Film Action and BC Film Action Courts for these (but no other) purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in section 7.1(1)(c) on a Settling Defendant by service on Counsel for the Settling Defendant in the same form contemplated by 8.1 (1) and (2), with necessary modificationrelevant Proceedings.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Bar orders in shall be granted by the Ontario Electrolytic Action and BC Electrolytic Action approving this Settlement Agreement must include a bar order in respect of the Ontario Electrolytic Action Court and the BC Electrolytic Action which includes Court providing for the following termsfollowing: (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. 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 otherwise, by any Non- Settling 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 Non-Settling Defendant or any named or unnamed co-conspirator that is not a Releasee, are barred, prohibited and enjoined in accordance with the terms of this Section (i) unless such claim is made in respect of a claim by a Person who has validly opted out of the Proceedings); ii. the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, Members 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) iii. the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, Class Members shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Non- Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/orand/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and recover on a joint and several basis as between 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 Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted extent provided by law; and (iii) iv. the Ontario Court and the BC Court, as applicable, Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding and shall not be binding on the Releasees in any other proceeding. (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (db) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or the BC Court, as applicableappropriate, determined as if the Settling Defendants remained parties to the relevant Proceeding, and on at least ten thirty (1030) days’ notice to Counsel for the Settling Defendants, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (i) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants in accordance with the relevant rules of civil procedure; (ii) oral discovery of a representative of the Settling Defendants, the transcript of which may be read at trial; (iii) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants in respect of factual matters; and/or (iv) the production of a representative of the Settling Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (e) A provision that the Settling Defendants retain all rights to oppose such motion(s) brought pursuant to subsection 8.1(1)(d). Moreover, nothing herein restricts the Settling Defendants from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(d). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, on any motion brought pursuant to subsection 8.1(1)(d), the Ontario Court or BC Court, as applicable, may make such orders as to costs and other terms as it considers appropriate. (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-Settling Electrolytic Defendants, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s). (3) The Plaintiffs and the Settling Defendants agree that the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect of the Ontario Film Action and BC Film Action in the same form contemplated by 8.1 (1) and (2), with necessary modification.

Ontario and British Columbia Bar Order. (1) The Plaintiffs and the Settling Defendants agree that the Bar orders in shall be granted by the Ontario Electrolytic Action and BC Electrolytic Action approving this Settlement Agreement must include a bar order Court (in respect of both the Ontario Electrolytic Action and the Second Ontario Action) and the BC Electrolytic Action which includes Court providing for the following termsfollowing: (a) A provision that all claims for contribution, indemnity or other claims over, whether asserted, unasserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs costs, relating to the Released Electrolytic Claims Claims, which were or could have been brought in the Electrolytic Proceedings Proceedings, the Second Ontario Action, 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 DefendantsDefendant, any named or unnamed alleged co-conspirator that is not a Releasee, any Settled Electrolytic Defendant, Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Non- Settling Electrolytic Defendants, Defendant or 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 Section (unless such claim is made in respect of a claim by a Person who has validly opted-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: (iA) the Ontario and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, Members 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 3010914 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 and BC Plaintiffs or BC Plaintiff, as applicable, and the Ontario Electrolytic Settlement Classes or BC Settlement Classes, as applicable, Class Members shall limit their claims against the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, Releasee to include, and shall be entitled to recover from the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/or, and/or any other Person or party that is not a Releasee, only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Electrolytic Defendants and/or, and/or named or unnamed alleged co-conspirators and/orand/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and recover on a joint and several basis as between 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 Plaintiffs or BC Plaintiff, as applicable, extent provided by law; and the Ontario Electrolytic Settlement Class or and BC Electrolytic Settlement Class, as applicable, if any, and, for greater certainty, the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class shall be entitled to seek to recover such damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act) on a joint and several basis as between 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, if permitted by law; and (iii) the Ontario Court and the BC Court, as applicable, Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Electrolytic Action or BC Electrolytic Action, as applicablerelevant Proceeding, whether or not the Settling Defendants Releasees remain in the Ontario Electrolytic Action or BC Electrolytic Action, relevant Proceeding or appear at the trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Ontario Electrolytic Action or BC Electrolytic Action , as applicable, relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding and shall not be binding on the Releasees in any other proceeding.; (c) A provision that nothing in the Ontario and British Columbia orders approving this Settlement Agreement, as applicable, shall limit, restrict or affect any arguments which the Non-Settling Electrolytic Defendants may make regarding the reduction of any assessment of damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigation costs claimed pursuant to section 36 of the Competition Act), or judgment against them in favour of members of the Ontario Electrolytic Settlement Class or BC Electrolytic Settlement Class, as applicable, in the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, or the rights of Ontario Plaintiffs and Ontario Electrolytic Settlement Class Members or BC Plaintiff and BC Electrolytic Settlement Class Members, as applicable, to oppose or resist any such arguments, except as provided for in this section 8.1; (d) A provision that a Non-Settling Electrolytic Defendant may, on motion to the Ontario Court or the BC Court, as applicableappropriate, determined as if the Settling Defendant remained party to the relevant Proceeding, and on at least ten (10) days’ days notice to Counsel for the Settling DefendantsDefendant, and not to be brought unless and until the Ontario Electrolytic Action or BC Electrolytic Action, as applicable, relevant Proceeding against the Non-Settling Electrolytic Defendants has been certified as a class proceeding (but not including any certification for settlement purposes)and all appeals or times to appeal have been exhausted, seek Orders for the following, which order shall be determined as if the Settling Defendants remained a party to the Ontario Electrolytic Action or BC Electrolytic Action, as applicable: (iA) documentary discovery and an affidavit of documents (list of documents in British Columbia) from the Settling Defendants Defendant in accordance with the relevant that Court's rules of civil procedure; (iiB) oral discovery of a representative of the Settling DefendantsDefendant, the transcript of which may be read in at trial; (iiiC) leave to serve a request to admit (notice to admit in British Columbia) on the Settling Defendants Defendant in respect of factual matters; and/or (ivD) the production of a representative of the Settling Defendants Defendant to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Electrolytic Defendants. (ed) A provision that the The Settling Defendants retain Defendant retains all rights to oppose such motion(s) any motion brought pursuant to subsection 8.1(1)(dSection 8.1(l)(c), including any such motion brought at trial seeking an order requiring the Settling Defendant to produce a representative to testify at trial. Moreover, nothing herein restricts the Settling Defendants Defendant from seeking a protective order to maintain confidentiality and protection of proprietary information in respect of Documents documents to be produced and/or for information obtained from discovery in accordance with subsection 8.1(1)(dSection 8,l(l)(c). Notwithstanding any provision in the Ontario and British Columbia orders approving this Settlement Agreement, ; (e) on any motion brought pursuant to subsection 8.1(1)(dSection 8.1(l)(c), the Ontario Court or BC Court, as applicable, may make such orders Orders as to costs and other terms as it considers appropriate.; (f) A provision that a Non-Settling Defendant may serve the motion(s) referred to in subsection 8.1(1)(d) on the Settling Defendants by service on Counsel for the Settling Defendants in the relevant Proceeding. (2) To the extent that such an order is granted pursuant to subsection 8.1(1)(d) and discovery is provided to the Non-a Non- Settling Electrolytic DefendantsDefendant, a copy of all discovery provided, whether oral or documentary in nature, shall be provided by the Settling Defendants Defendant to the Plaintiffs and Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant(s).Defendant; 3010914 (3g) The Plaintiffs the Ontario and BC Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants agree that Defendant will attorn to the orders in the Ontario Film Action and BC Film Action approving this Settlement Agreement must include a bar order in respect jurisdiction of the Ontario Film Action and BC Film Action Courts for these (but no other) purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 8.1(l)(c) on a Settling Defendant by service on Counsel for the Settling Defendant in the same form contemplated by 8.1 (1) and (2), with necessary modificationrelevant Proceedings.