Common use of Ontario Bar Order Clause in Contracts

Ontario Bar Order. (1) Class Counsel shall seek a bar order from the Ontario 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 Proceedings); (b) if the Ontario Court 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: (A) the Ontario Plaintiffs and Ontario Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators and/or any other Person or party that is not a Releasee that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (B) the Ontario Plaintiffs and Ontario 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 Plaintiffs and Ontario Settlement Class Members, if any, and, for greater certainty, the Ontario 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 (C) the Ontario Court shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario Proceeding, whether or not the Releasees remain in the Ontario 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 Proceeding and any determination by the Ontario Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Proceeding and shall not be binding on the Releasees in any other proceeding; (c) for the purposes of sections 8.1(1)(d)-(h), “Non-Settling Defendants” refers to the Non-Settling Defendants that are named as Defendants in the Ontario Proceeding; (d) a Non-Settling Defendant may, on application to the Ontario Court determined as if the Settling Defendants remained parties to the Ontario Proceeding, and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, and not to be brought until after all appeals or times to appeal certification have been exhausted, seek orders for the following: (A) documentary discovery and an affidavit of documents from the Settling Defendants in accordance with the Ontario Rules of Civil Procedure; (B) oral discovery of a representative of the Settling Defendants, the transcript of which may be read in at trial; (C) leave to serve a request to admit on the Settling Defendants in respect of factual matters; and/or (D) 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 Defendants. (e) the Settling Defendants retain all rights to oppose any application brought pursuant to section 8.1(1)(d), including any such application 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 8.1(1)(d); (f) on any application brought pursuant to section 8.1(1)(d), the Ontario Court may make such orders as to costs and other terms as it considers appropriate; (g) 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 Class Counsel within ten (10) days of such discovery being provided to a Non-Settling Defendant; (h) the Ontario Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario Court for these purposes; and (i) a Non-Settling Defendant may effect service of the application(s) referred to in section 8.1(1)(d) on a Settling Defendant by service on Counsel for the Settling Defendants.

Ontario Bar Order. (1) Class Counsel shall seek a bar order from the Ontario 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 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-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 Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario ProceedingsAction); (b) if the Ontario Court 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: (Ai) the Ontario Plaintiffs and Ontario 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 Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (Bii) the Ontario Plaintiffs and Ontario 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-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) 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 Plaintiffs and Ontario Settlement Class Members, if any, and, for greater certainty, the Ontario Settlement Class Members shall be entitled to claim and seek to recover on a joint and several basis as between the Non- 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 (Ciii) the Ontario Court shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario ProceedingAction, whether or not the Releasees remain in the Ontario Proceeding 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 Proceeding Action and any determination by the Ontario Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Proceeding Action and shall not be binding on the Releasees in any other proceeding; (c) for after the purposes of sections 8.1(1)(d)-(h), “Non-Settling Defendants” refers to Ontario Action against the Non-Settling Defendants that are named as Defendants in the Ontario Proceeding; (d) a Non-Settling Defendant may, on application has been certified and all appeals or times to the Ontario Court determined as if the Settling Defendants remained parties to the Ontario Proceeding, appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, and not a Non-Settling Defendant may, on motion to be brought until after all appeals or times to appeal certification have been exhaustedthe Ontario Court, seek orders an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the Ontario Action: (Ai) documentary discovery and an affidavit affidavit(s) of documents from the Settling Defendants Defendant(s) in accordance with the Ontario Rules of Civil Procedure; (Bii) oral discovery of a representative representative(s) of the Settling DefendantsDefendant(s), the transcript of which may be read in at trial; (Ciii) leave to serve a request request(s) to admit on the Settling Defendants Defendant(s) in respect of factual matters; and/or (Div) 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 Defendants. (ed) the Settling Defendants retain all rights to oppose any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), including any such application 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 section 8.1(1)(dSection 7.1(1)(c); (fe) on any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), the Ontario Court may make such orders as to costs and other terms as it considers appropriate; (gf) 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; (hg) the Ontario Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario Court for these purposes; and (ih) a Non-Settling Defendant may effect service of the application(smotion(s) referred to in section 8.1(1)(dSection 7.1(1)(c) on a Settling Defendant by service on Counsel for the Settling Defendants.

Ontario Bar Order. (1) Class Counsel shall seek a bar order from the Ontario 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, the Second 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 Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario ProceedingsAction and the Second Ontario Action); (b) if the Ontario Court 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: (Ai) the Ontario Plaintiffs and Ontario 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 Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (Bii) the Ontario Plaintiffs and Ontario 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, 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-co- conspirators and/or any other Person or party that is not a Releasee to the Ontario Plaintiffs and Ontario Settlement Class Members, if any, and, for greater certainty, the Ontario Settlement Class Members shall be entitled to claim and seek to recover on a joint and several basis as between the Non- 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 (Ciii) the Ontario Court shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario ProceedingAction or the Second Ontario Action, whether or not the Releasees remain in the Ontario Proceeding 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 Proceeding Action or the Second Ontario Action and any determination by the Ontario Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Proceeding Action or the Second Ontario Action, as applicable, and shall not be binding on the Releasees in any other proceeding; (c) for after the purposes of sections 8.1(1)(d)-(h), “Non-Settling Defendants” refers to Ontario Action against the Non-Settling Defendants that are named as Defendants in the Ontario Proceeding; (d) a Non-Settling Defendant may, on application has been certified and all appeals or times to the Ontario Court determined as if the Settling Defendants remained parties to the Ontario Proceeding, appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, and not a Non-Settling Defendant may, on motion to be brought until after all appeals or times to appeal certification have been exhausted, the Ontario Court seek orders an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the Ontario Action: (Ai) documentary discovery and an affidavit affidavit(s) of documents from the Settling Defendants Defendant(s) in accordance with the Ontario Rules of Civil Procedure; (Bii) oral discovery of a representative representative(s) of the Settling DefendantsDefendant(s), the transcript of which may be read in at trial; (Ciii) leave to serve a request request(s) to admit on the Settling Defendants Defendant(s) in respect of factual matters; and/or (Div) 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 Defendants. (ed) the Settling Defendants retain all rights to oppose any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), including any such application 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 Releasees 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 section 8.1(1)(dSection 7.1(1)(c); (fe) on any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), the Ontario Court may make such orders as to costs and other terms as it considers appropriate; (gf) to the extent that such an order is granted and discovery is provided to a Non- Settling Defendant, a copy of all documentary discovery providedand the transcripts of any oral discovery shall, whether oral or documentary in natureat the expense of Class Counsel, shall be provided by the Settling Defendants to Class Counsel within ten thirty (1030) days of such discovery being provided to a Non-Settling Defendant; (hg) the Ontario Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario Court for these purposes; and (ih) a Non-Settling Defendant may effect service of the application(smotion(s) referred to in section 8.1(1)(dSection 7.1(1)(c) on a Settling Defendant by service on Counsel for the Settling Defendants.

Ontario Bar Order. (1) Class Counsel shall seek a bar order from the Ontario 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 Section (unless such claim is made in respect of a claim by a Person who has validly opted out of the Ontario ProceedingsAction); (b) if the Ontario Court 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: (Ai) the Ontario Plaintiffs and Ontario 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 Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise; (Bii) the Ontario Plaintiffs and Ontario 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-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) 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 Plaintiffs and Ontario Settlement Class Members, if any, and, for greater certainty, the Ontario Settlement Class Members shall be entitled to claim and seek to recover on a joint and several basis as between the Non- 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 (Ciii) the Ontario Court shall have full authority to determine the Proportionate Liability of the Releasees at the trial or other disposition of the Ontario ProceedingAction, whether or not the Releasees remain in the Ontario Proceeding 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 Proceeding Action and any determination by the Ontario Court in respect of the Proportionate Liability of the Releasees shall only apply in the Ontario Proceeding Action and shall not be binding on the Releasees in any other proceeding; (c) for after the purposes of sections 8.1(1)(d)-(h), “Non-Settling Defendants” refers to Ontario Action against the Non-Settling Defendants that are named as Defendants in the Ontario Proceeding; (d) a Non-Settling Defendant may, on application has been certified and all appeals or times to the Ontario Court determined as if the Settling Defendants remained parties to the Ontario Proceeding, appeal have been exhausted and on at least twenty (20) days’ notice to Counsel for the Settling Defendants, and not a Non-Settling Defendant may, on motion to be brought until after all appeals or times to appeal certification have been exhausted, the Ontario Court seek orders an Order for the following, which order shall be determined as if the Settling Defendants remained parties to the Ontario Action: (Ai) documentary discovery and an affidavit affidavit(s) of documents from the Settling Defendants Defendant(s) in accordance with the Ontario Rules of Civil Procedure; (Bii) oral discovery of a representative representative(s) of the Settling DefendantsDefendant(s), the transcript of which may be read in at trial; (Ciii) leave to serve a request request(s) to admit on the Settling Defendants Defendant(s) in respect of factual matters; and/or (Div) 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 Defendants. (ed) the Settling Defendants retain all rights to oppose any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), including any such application 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 section 8.1(1)(dSection 7.1(1)(c); (fe) on any application motion brought pursuant to section 8.1(1)(dSection 7.1(1)(c), the Ontario Court may make such orders as to costs and other terms as it considers appropriate; (gf) 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; (hg) the Ontario Court will retain an ongoing supervisory role over the discovery process and the Settling Defendants will attorn to the jurisdiction of the Ontario Court for these purposes; and (ih) a Non-Settling Defendant may effect service of the application(smotion(s) referred to in section 8.1(1)(dSection 7.1(1)(c) on a Settling Defendant by service on Counsel for the Settling Defendants.