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

Ontario and British Columbia Bar Order. (1) Class Counsel shall seek a bar order from the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario Action); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (i) the Ontario and BC Plaintiffs and the Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the (ii) the Ontario and BC Plaintiffs and the Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and seek to 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, if permitted by law; and (iii) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after the relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding: (i) documentary discovery and affidavit(s) of documents (list of documents in British Columbia) from Settling Defendant(s) in accordance with that Court’s rules of procedure; (ii) oral discovery of representative(s) of Settling Defendant(s), the transcript of which may be read in at trial; (iii) leave to serve a request(s) to admit (notice to admit in British Columbia) on Settling Defendant(s) in respect of factual matters; and/or (iv) the production of a representative(s) of Settling Defendant(s) to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. (d) the Settling Defendants retain all rights to oppose any motion brought pursuant to Section 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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c); (e) on any motion brought pursuant to Section 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) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, 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; (g) the Ontario Court and BC Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC 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 Settling Defendants.

Ontario and British Columbia Bar Order. (1) Class Counsel Bar orders shall seek a bar order from be granted by the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant Releasee or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, Defendant or any named or unnamed co-co- conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario Action)Section; (b) if if, in the absence of the order contemplated in section 7.1(1)(a), the Ontario Court or BC Court, as applicable, ultimately determines that there is a claim for right of contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claimotherwise: (i) the Ontario and BC Plaintiffs and the Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of thethe Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (ii) the Ontario and BC Plaintiffs and the Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-co- conspirators and/or any other Person or party that is not a Releasee to include onlyinclude, and shall only seek be entitled to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those only such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-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 seek to 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, if permitted to the extent provided by law; and (iii) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, determined as if the Settling Defendants remained party 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 relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendantsexhausted, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking an Order seek Orders for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding: (i) documentary discovery and affidavit(s) an affidavit of documents (list of documents in British Columbia) from the Settling Defendant(s) Defendants in accordance with that Court’s rules of procedure; (ii) oral discovery of representative(s) a representative of the Settling Defendant(s)Defendants, the transcript of which may be read in at trial; (iii) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Settling Defendant(s) Defendants in respect of factual matters; and/or (iv) the production of a representative(s) representative of the Settling Defendant(s) Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Non- Settling Defendants. (d) the The Settling Defendants retain all rights to oppose any motion brought pursuant to Section 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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c); (e) on any motion brought pursuant to Section 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) to the extent that such an order is granted and discovery is provided to a Non- Non-Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC 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 the Settling Defendant Defendants by service on Counsel for the Settling DefendantsDefendant in the relevant Proceedings.

Ontario and British Columbia Bar Order. (1) Class Counsel shall seek a bar order from the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section 6.1 (unless such claim is made in respect of a claim by a Person who has validly opted opted-out of the Ontario ActionProceedings); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (i) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of thethe Competition Act, RSC 1985, c C 34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (ii) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act, RSC 1985, c C 34) 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 Ontario and BC Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and seek to recover on a joint and several basis as between the Non-Settling Defendants and/or named or unnamed co-co- conspirators and/or any other Person or party that is not a Releasee, if permitted by law; and (iii) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Ontario Court or BC Court, as applicable, in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after the relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking seek an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding: (i) documentary discovery and affidavit(s) of documents (list of documents in British Columbia) from the Settling Defendant(s) Defendants in accordance with that Court’s rules of procedure; (ii) oral discovery of a representative(s) of the Settling Defendant(s)Defendants, the transcript transcripts of which may be read in at trial; (iii) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Settling Defendant(s) Defendants in respect of factual matters; and/or (iv) the production of a representative(s) of the Settling Defendant(s) Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. (d) the Settling Defendants retain all rights to oppose any motion brought pursuant to Section 7.1(1)(c6.1(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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c6.1(1)(c); (e) on any motion brought pursuant to Section 7.1(1)(c6.1(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) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC Courts for these purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 7.1(1)(c6.1(1)(c) on a the Settling Defendant Defendants by service on Counsel for the Settling Defendants.

Ontario and British Columbia Bar Order. (1) Class Counsel shall seek a bar order from the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings Proceedings, First Ontario Action or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-co- conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario ActionProceedings); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (i) the Ontario and BC Plaintiffs and the Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of thethe Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (ii) the Ontario and BC Plaintiffs and the Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and seek to 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, if permitted by law; and (iii) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant ProceedingFirst Ontario Action or BC Action, as applicable, whether or not the Releasees remain in the 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 relevant Proceeding First Ontario Action or BC Action, as applicable, and any determination by the Ontario Court or BC Court, as applicable, in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding First Ontario Action or BC Action, as applicable, and shall not be binding on the Releasees in any other proceeding; (c) In the First Ontario Action, on at least twenty (20) days’ notice to Counsel for the Settling Defendant, and in the BC Action, after the relevant Proceeding BC Action is certified against the Non-Settling Defendants has been certified and Defendants, all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling DefendantsDefendant, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking seek an Order for the following, which order motion shall be determined as if the Settling Defendants remained parties Defendant was not a party to the relevant ProceedingFirst Ontario Action but remained a party to the BC Action: (i) documentary discovery and affidavit(s) an affidavit of documents (list of documents in British Columbia) from the Settling Defendant(s) Defendant in accordance with that Court’s rules of procedure; (ii) oral discovery of representative(s) a representative of the Settling Defendant(s)Defendant, the transcript transcripts of which may be read in at trial; (iii) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Settling Defendant(s) Defendant in respect of factual matters; and/or (iv) the production of a representative(s) representative of the Settling Defendant(s) Defendant to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. (d) the Settling Defendants retain Defendant retains all rights to oppose any motion brought pursuant to Section 7.1(1)(c8.1(1)(c), including any such motion brought at trial seeking an order requiring the Settling Defendants 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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c8.1(1)(c); (e) on any motion brought pursuant to Section 7.1(1)(c8.1(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) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants Defendant will attorn to the jurisdiction of the Ontario and BC Courts for these purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 7.1(1)(c8.1(1)(c) on a Settling Defendant by service on Counsel for the Settling DefendantsDefendant.

Ontario and British Columbia Bar Order. (1) Class Counsel shall seek a bar order orders from the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant Defendant, or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario ActionProceedings); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise otherwise, is a legally recognized claimrecognized: (iA) the Ontario and BC Plaintiffs and the Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of thethe Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (iiB) the Ontario and BC Plaintiffs and the Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those such claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, costs, and interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to the Ontario and BC Plaintiffs and Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and seek to 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, if permitted by law; and (iiiC) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, determined as if the Settling Defendants remained party 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 relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendantsexhausted, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking an Order seek Orders for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding: (iA) documentary discovery and affidavit(s) an affidavit of documents (list of documents in British Columbia) from the Settling Defendant(s) Defendants in accordance with that Court’s rules of procedure; (iiB) oral discovery of representative(s) a representative of the Settling Defendant(s)Defendants, the transcript of which may be read in at trial; (iiiC) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Settling Defendant(s) Defendants in respect of factual matters; and/or (ivD) the production of a representative(s) representative of the Settling Defendant(s) Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. (d) the Settling Defendants retain all rights to oppose any motion brought pursuant to Section 7.1(1)(c8.1(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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c8.1(1)(c); (e) on any motion brought pursuant to Section 7.1(1)(c8.1(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) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC 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)(c8.1(1)(c) on a Settling Defendant by service on Counsel for the Settling DefendantsDefendants in the relevant Proceedings.

Ontario and British Columbia Bar Order. (1) Class Counsel Bar orders shall seek a bar order from be granted by the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant Releasee or any other Person or party party, against a Releasee, or by a Releasee against any Non-Settling Defendant, Defendant or any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section (unless such claim is made in respect of a claim by a Person person who has validly opted out of the Ontario ActionProceedings); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that there is a claim for right of contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claimotherwise: (iA) the Ontario and BC Plaintiffs and the Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is are not a Releasee Releasees 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 thethe Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (iiB) the Ontario and BC Plaintiffs and the Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-co- conspirators and/or any other Person or party that is are not a Releasee to include onlyReleasees, and shall only seek be entitled to recover from the Non-Non- Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is are not a ReleaseeReleasees, those only such claims for damages (including punitive damages, if any)costs, restitutionary award, disgorgement of profits, and interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the aggregate of the several liability of the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is are not a Releasee Releasees 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 seek to 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 who are not a ReleaseeReleasees, if permitted to the extent provided by law; and (iiiC) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Court in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after a Non-Settling Defendant may, on motion to the Ontario or BC Court, as applicable, determined as if the Settling Defendants remained parties to the relevant Proceedings, and on at least ten (10) days’ notice to Counsel for the Settling Defendants, and not to be brought unless and until the relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted and on at least twenty (20) days’ notice to Counsel exhausted, seek orders for the Settling Defendants, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding:following:‌ (iA) documentary discovery and affidavit(s) an affidavit of documents (list of documents in British Columbia) from the Settling Defendant(s) Defendants in accordance with that Court’s rules of procedure; (iiB) oral discovery of representative(s) a representative of the Settling Defendant(s)Defendants, the transcript of which may be read in at trial; (iiiC) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Settling Defendant(s) Defendants in respect of factual matters; and/or (ivD) the production of a representative(s) representative of the Settling Defendant(s) Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Non- Settling Defendants. (d) the The Settling Defendants retain all rights to oppose any motion brought pursuant to Section 7.1(1)(c8.1(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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c8.1(1)(c); (e) on any motion brought pursuant to Section 7.1(1)(c8.1(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) to the extent that such an order is granted and discovery is provided to a Non- Non-Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC 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)(c8.1(1)(c) on a Settling Defendant by service on Counsel for the Settling DefendantsDefendants in the relevant Proceedings.

Ontario and British Columbia Bar Order. (1) Class Counsel shall seek a bar order from the Ontario Court and the BC Court providing for the following: (a) to the extent such claims are recognized at law, all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings or any Other Actions, or otherwise, by any Non-Settling Defendant, any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any Non-Settling Defendant, any named or unnamed co-co- conspirator that is not a Releasee, any Settled Defendant, or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Section 8.1 (unless such claim is made in respect of a claim by a Person who has validly opted opted-out of the Ontario ActionProceedings); (b) if the Ontario Court or BC Court, as applicable, ultimately determines that a claim for contribution and indemnity or other claim over, whether in equity or in law, by statute or otherwise is a legally recognized claim: (i) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-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 thethe Competition Act, RSC 1985, c C-34) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (ii) the Ontario and BC Plaintiffs and the Ontario and BC Settlement Class Members shall limit their claims against the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee to include only, and shall only seek to recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee, those claims for damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest interest, and costs (including investigative costs claimed pursuant to section 36 of the Competition Act, RSC 1985, c C-34) attributable to the aggregate of the several liability of the Non-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 Ontario and BC Settlement Class Members, if any, and, for greater certainty, the Ontario and BC Settlement Class Members shall be entitled to claim and seek to 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, if permitted by law; and (iii) the Ontario and BC Courts shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the relevant Proceeding, whether or not the Releasees remain in the 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 relevant Proceeding and any determination by the Ontario Court or BC Court, as applicable, in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceeding; (c) after the relevant Proceeding against the Non-Settling Defendants has been certified and all appeals or times to appeal have been exhausted exhausted, and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, a Non-Settling Defendant may, on motion to the Ontario Court or the BC Court, as appropriate, seeking an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the relevant Proceeding: (i) documentary discovery and affidavit(s) of documents (list of documents in British Columbia) from the Named Settling Defendant(s) Defendants in accordance with that Court’s rules of procedure; (ii) oral discovery of a representative(s) of the Named Settling Defendant(s)Defendants, the transcript transcripts of which may be read in at trial; (iii) leave to serve a request(s) request to admit (notice to admit in British Columbia) on the Named Settling Defendant(s) Defendants in respect of factual matters; and/or (iv) the production of a representative(s) of the Named Settling Defendant(s) Defendants to testify at trial, with such witness to be subject to cross-examination by counsel for the Non-Settling Defendants. (d) the Settling Defendants retain all rights to oppose any motion brought pursuant to Section 7.1(1)(c8.1(1)(c), including any such motion brought at trial seeking an order requiring the Named 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 to be produced and/or for information obtained from discovery in accordance with Section 7.1(1)(c8.1(1)(c); (e) on any motion brought pursuant to Section 7.1(1)(c8.1(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) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, 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; (g) the Ontario Court and BC Court Courts will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario and BC Courts for these purposes; and (h) a Non-Settling Defendant may effect service of the motion(s) referred to in Section 7.1(1)(c8.1(1)(c) on a the Settling Defendant Defendants by service on Counsel for the Settling Defendants.