Common use of Payment of Settlement Amount Clause in Contracts

Payment of Settlement Amount. (1) The Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control of the Escrow Account. (3) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (6) Neither Siskinds nor the Administrator shall pay out any of Escrow Settlement Funds except in accordance with this Agreement. (7) Any dispute concerning the entitlement to or quantum of expenses incurred in the publication and dissemination of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on notice to the Parties.

Payment of Settlement Amount. (1) The Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of for deposit into the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Trust Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control Payment of the Escrow AccountSettlement Amount shall be made by wire transfer. At least thirty (30) days prior to the Settlement Amount becoming due, Siskinds LLP will provide, in writing, the following information necessary to complete the wire transfers: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. (3) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or reThe Settlement Amount shall be all-insurers shall have any obligation to pay any further amount to the Plaintiffsinclusive of all amounts, the Class Members or Class Counsel with respect to this Agreementincluding, the Action or the Released Claims for any reason whatsoever, including any amount for damageswithout limitation, interest, legal fees (including costs, Class Counsel Fees), disbursements, taxes of any kind, costs Fees and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration ExpensesClass Counsel Disbursements. (5) Siskinds The Releasees shall account have no obligation to pay any amount in addition to the Defendants and the Administrator Settlement Amount, for all payments made from the Escrow any reason, pursuant to or in furtherance of this Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the AdministratorAgreement, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds Proceedings or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationany Other Actions. (6) Neither Once a Claims Administrator has been appointed, Siskinds nor LLP shall transfer control of the Trust Account to the Claims Administrator. (7) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. (8) Siskinds LLP and the Claims Administrator shall not pay out all or any part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on Courts obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Within sixty (60) days of the Date of Execution, the Settling Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of LLP for deposit into the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Trust Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control Payment of the Escrow AccountSettlement Amount shall be made by wire transfer. At least thirty (30) days prior to the Settlement Amount becoming due, Siskinds LLP will provide, in writing, the following information necessary to complete the wire transfer: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. (3) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or reThe Settlement Amount shall be all-insurers shall have any obligation to pay any further amount to the Plaintiffsinclusive of all amounts, the Class Members or Class Counsel with respect to this Agreementincluding, the Action or the Released Claims for any reason whatsoever, including any amount for damageswithout limitation, interest, legal fees (including costs, Administration Expenses, Class Counsel Fees), disbursements, taxes of any kind, costs Fees and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration ExpensesClass Counsel Disbursements. (5) Siskinds The Releasees shall account have no obligation to pay any amount in addition to the Defendants and the Administrator Settlement Amount, for all payments made from the Escrow any reason, pursuant to or in furtherance of this Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the AdministratorAgreement, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds Proceedings or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationany Other Actions. (6) Neither Once a Claims Administrator has been appointed, Siskinds nor LLP shall transfer control of the Trust Account to the Claims Administrator. (7) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. (8) Siskinds LLP and the Claims Administrator shall not pay out all or any part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on Courts obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Defendants SNC shall pay or $88,000,000 and it shall cause the Defendants’ insurers to be paid pay $22,000,000 (in total, the Settlement Amount to Siskinds LLP, in trust, Amount) for the benefit of the Class Members in full and final settlement of the Action and Released Claims, as follows, in proportion to their respective contributions to the Released Claims Settlement Amount: (a) the amount of $1,500,000.00 shall be paid within thirty (30) days of the execution of the Agreement. Siskinds , to Siskinds, in trust, to be deposited into the Escrow Account from which funds shall hold be paid toward Administration Expenses incurred prior to the Settlement Amount issuance of the Approval Orders; and (b) the amount of $108,500,000.00 shall be paid within ten (10) days of the issuance of the last Approval Order to the Administrator, in trust, to be held in the Escrow AccountAccount for the benefit of the Class Members and disbursed in accordance with this Agreement and the Approval Orders. (2) Upon the issuance of the Approval Orders, Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in shall transfer control of the Escrow AccountAccount to the Administrator. (3) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action Agreement or the Released Claims Actions for any reason whatsoever, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds Account prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the The Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds Account, whether made by Siskinds or the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (6) Neither Siskinds nor the Administrator shall not pay out any of the monies in the Escrow Settlement Funds Account except in accordance with this Agreement, or in accordance with an order of the Courts obtained after notice to the Parties. (7) Any dispute concerning the entitlement to or quantum of expenses expense incurred in the publication and dissemination of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Ontario Court on notice to the Parties.

Payment of Settlement Amount. (1) The Defendants CIBC shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, for the benefit of the Class Members in full and final settlement of the Action and the Released Claims Claims, within thirty (30) days of the execution of the Settlement Agreement. Siskinds shall hold the Settlement Amount , to Sotos LLP, in trust, to be deposited into the Escrow AccountAccount from which funds shall be paid toward Administration Expenses incurred in relation to the issuance of the Notice of Settlement Approval Hearing Orders and the Approved Settlement Orders. (2) Siskinds may pay Administration Expenses as Upon the issuance of the Approved Settlement Order (Fresco) and when they are incurred from the Escrow Quebec Settlement Funds while in Order, Sotos LLP shall transfer control of the Escrow AccountAccount to the Administrator, in trust, for the benefit of the Class Members to be disbursed in accordance with this Settlement Agreement and the Approved Settlement Orders. (3) The Settlement Amount and other valuable consideration set forth in the Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers The Defendant shall not have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action Settlement Agreement or the Released Claims Actions for any reason whatsoeverreason, including any amount additional amounts for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the ActionActions, the Released Claims, the Settlement, the Remittances, the Administration Expenses and Administration Expensesany other expenses approved by the Court which shall be paid from the Settlement Funds. (5) Siskinds Sotos LLP shall account to the Defendants and the Administrator for all payments payments, if any, made from the Escrow Settlement Funds Account prior to the transfer of the Escrow Account to the Administrator. After , which payments may include the transfer payment from the Settlement Fund to cover costs in relation to the issuance of Notice of the Escrow Account to the Administrator, the Settlement Approval Hearing Order. The Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds Account, whether made by Sotos LLP or the Administrator. In the event this Settlement Agreement is terminated, Siskinds Sotos LLP or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. Sotos LLP shall not pay out any of the monies in the Escrow Account except in accordance with this Settlement Agreement, or in accordance with an order of the Court obtained after notice to the Parties. (6) Neither Siskinds nor the The Administrator shall pay out any of Escrow Settlement Funds except in accordance with this Agreement. the Fonds d’aide aux actions collectives (7Class Action Assistance Fund) Any dispute concerning the entitlement to or quantum of expenses incurred in the publication and dissemination of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion amount owed pursuant to the Court on notice Regulation respecting the percentage withheld by the Fonds d’aide aux actions collectives in respect of remittances to the PartiesFonds d’aide aux actions collectives, and in case of any remaining balance to be allocated cy près (meaning pursuant to article 596, paragraph 3, 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Class Members who are residents of Quebec.

Payment of Settlement Amount. (1) The Within thirty (30) days following the Execution Date, or the date of receipt of the wire transfer information from Class Counsel, whichever is later, the Settling Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of LLP for deposit into the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Trust Account. (2) The Settling Defendants shall pay the Settlement Amount by wire transfer. Siskinds may pay Administration Expenses as and when they are incurred from LLP shall provide the Escrow Settlement Funds while necessary wire transfer information to Counsel for the Settling Defendants in control of writing within ten (10) days following the Escrow AccountExecution Date. (3) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither The Settlement Amount represents the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further full amount to be paid pursuant to this Settlement Agreement and shall be all-inclusive of all amounts, including without limitation, Class Counsel Fees, Class Counsel Disbursements, any honoraria for the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way distributed amounts to the ActionSettlement Class, the Released Claims, the Settlementany cy pres donations, and Administration Expenses. (5) Siskinds The Settling Defendants and other Releasees shall account have no obligation to pay any amount in addition to the Defendants and Settlement Amount to be paid by the Administrator Settling Defendants, for all payments made from the Escrow any reason, pursuant to or in furtherance of this Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the AdministratorAgreement, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds Proceedings or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationany Other Actions. (6) Neither Siskinds nor Once a Claims Administrator has been appointed, Class Counsel shall transfer control of the related portion of the Trust Account to the Claims Administrator. (7) Class Counsel and/or the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. While in control of the Trust Account, Class Counsel and/or the Claims Administrator shall not pay out any all or part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Federal Court on obtained after notice to the Parties.

Payment of Settlement Amount. a) Contingent on the dismissal of the claims of the Class Members as against the Defendant and on the approval of the Settlement Agreement as more particularly described in Articles 2.2(c) and (1e), Manitoba has agreed to pay the Settlement Amount, inclusive of the following amounts: i. a total of $2,000,000.00 towards Administration Expenses, Notice Expenses, and Claims Administration Expenses; ii. a total of $7,500,000.00 towards Class Counsel Fees (which Class Counsel Fees, exclusive of disbursements and applicable taxes, shall not exceed 20% of the Settlement Amount), and iii. a total of $1,000,000.00 towards the Manitoba Retail Sales Tax (RST) The Defendants payable on Class Counsel Fees. b) No later than the Effective Date, or such other date as the parties may agree, the Defendant shall pay in trust to Class Counsel, the Settlement Amount of $85,500,000 on the express trust conditions that: i. Class Counsel Fees exclusive of reasonable disbursements and applicable taxes shall not exceed twenty percent (20%) of the Settlement Amount, calculated by Class Counsel and represented to be no greater than $16,700,000 plus applicable taxes and reasonable disbursements; ii. Class Counsel Fees shall be deducted from the Settlement Amount by Class Counsel, in full satisfaction of Class Counsel Fees; iii. Class Counsel will pay from the Settlement Amount Honoraria of $5,000, or cause such other amount as may be approved by the Court, to each of the original individual Representative Plaintiffs, or their estates if now deceased; iv. Class Counsel will pay $2,000,000 from the Settlement Amount towards Administration Expenses, Notice Expenses, and Claims Administration Expenses to the Claims Administrator; and v. Class Counsel will pay the balance of the Settlement Amount, including accrued interest, to the Claims Administrator, in turn to be paid to Class Members in accordance with the Settlement Agreement and the Schedules appended thereto. c) The Claims Administrator will invest the monies paid to it pursuant to Article 3.1(b)(v) in the Claims Program Account. All interest accrued will be added to the Claims Program Account. The conversion rate for the Settlement Amount will be the Bank of Canada rate on the date of payment. If the monies are not paid when due, they will accrue interest until paid at the rate of 5% per annum. d) The Defendant shall have no obligation in any circumstance or for any reason to Siskinds LLP, pay any amount in trust, addition to the Settlement Amount of $85.5 million pursuant to or in full and final settlement furtherance of this Settlement Agreement or otherwise. e) The Claims Administrator shall maintain the Claims Program Account as provided for in this Settlement Agreement. The Claims Administrator shall not pay out any monies from the Claims Program Account except in accordance with the provisions of this Settlement Agreement without an Order of the Action and the Released Claims within thirty (30) days Court made on notice to or on consent of the execution of the Agreement. Siskinds shall hold Parties. f) The Defendant agrees to pay the Settlement Amount in accordance with the Escrow Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow specific requirements of this Settlement Funds while in control of the Escrow Account. (3) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims against the ReleaseesRelease described in Article 4.1 below. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (6) Neither Siskinds nor the Administrator shall pay out any of Escrow Settlement Funds except in accordance with this Agreement. (7) Any dispute concerning the entitlement to or quantum of expenses incurred in the publication and dissemination of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on notice to the Parties.

Payment of Settlement Amount. (1) The Defendants shall pay or cause Subject to be paid the Settlement Amount to Siskinds LLPSectionSECTION 9, in trust, in full and final settlement of the Action and the Released Claims within thirty (30) days of the execution of Effective Date, the Agreement. Siskinds Defendant shall hold pay the Settlement Amount in to Class Counsel, for deposit into the Escrow Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from The Defendant shall deposit the Settlement Amount into the Escrow Account by wire transfer. At least ten (10) days prior to the Settlement Funds while Amount becoming due, Class Counsel shall provide, in control of writing, the Escrow Accountnecessary wire transfer information to Defence Counsel. (3) The Settlement Amount Amount, the Claims Administration and other valuable consideration set forth Claims Adjudication Expenses referred to in the Agreement Section 3.2(1) shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel Except with respect to this Agreementthe Claims Administration and Claims Adjudication Expenses. referred to in Section 3.2(1), the Settlement Amount shall be all-inclusive of all amounts, including, without limitation, all expenses relating to the Action or and the Released Claims for any reason whatsoever, including any amount for damagesSettlement, interest, legal fees (including costs, fees, Class Counsel Fees), disbursements, taxes of any kind, costs disbursements and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expensestaxes. (5) Siskinds The Releasees shall account have no obligation to pay any amount in addition to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior Amount and, subject to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the AdministratorSection 5.1(4), the Administrator shall provide an accounting Claims Administration and Claims Adjudication Expenses. referred to the Parties every three (3) months in Section 3.2(1), for all payments made from the Escrow any reason, pursuant to or in furtherance of this Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the AdministratorAction. (6) Once a Claims Administrator has been appointed, whichever then has Class Counsel shall transfer control of the Escrow Account, shall deliver an accounting net of Class Counsel Fees, and any Honorarium, as approved by the Court, to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationClaims Administrator. (67) Neither Siskinds nor Class Counsel and the Claims Administrator shall maintain the Escrow Account as provided for in this Settlement Agreement. While in control of the Escrow Account, Class Counsel and the Claims Administrator shall not pay out any all or part of the monies in the Escrow Settlement Funds Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Defendants shall pay or cause Disbursement of the Consideration to be paid Settling Claimants from the Settlement Amount to Siskinds LLP, shall be authorized by the Defendant in trust, accordance with the timeline and conditions precedent in full and final settlement of the Action and the Released Claims within thirty (30) days of the execution of the Settlement Agreement. Siskinds shall hold The Consideration will be allocated by the Settlement Amount in the Escrow AccountSpecial Master to eligible Settling Claimants. (2) Siskinds may pay Administration Expenses as Class Counsel undertakes to explain to Settling Claimants that payment pursuant to this Release is for monetary compensation, and when they are incurred from to disclose the Escrow Settlement Funds while in control terms of the Escrow Accountallocation process. (3) The No warranty or representation of the tax consequences, if any, is made by the Released Parties. Settling Claimant and Released Parties hereby state and acknowledge that all sums paid pursuant to the Settlement Amount Agreement are not exemplary or punitive damages, nor compensatory damages, nor prejudgment or post judgment interest, nor non-physical injuries, nor moral damages. (4) Class Counsel undertakes to ensure that Settling Claimants will have an opportunity to confer and other valuable to ask questions about: (i) the settlement generally; (ii) the approximate sum to be allocated to them in consideration set forth for a release as part of this Settlement Agreement; and (iii) the terms of this Settlement Agreement. Class Counsel further undertakes to answer Settling Claimants’ questions and explain the Settlement Agreement. (5) Prior to distribution of any money to Settling Claimants, the Claims Administrator shall be solely responsible for deducting and paying any cost, disbursement, or sum payable as part of the present Settlement Agreement or any Court judgement; (6) Payments to the eligible Settling Claimants shall be made by cheque in accordance with the information provided in the Claims Form, Schedule C. (7) The payment to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the ReleaseesReleased Parties. (48) The Settlement Amount shall be inclusive of all applicable taxes and amounts payable to the Fonds d’aide aux actions collectives. (9) Neither the Defendants nor the Defendants’ insurers or re-insurers The Defendant shall have any no obligation to pay any further amount in addition to the PlaintiffsSettlement Amount, the Class Members or Class Counsel with respect Legal Fees, Claims Administrator Costs, notice costs, payment to this Agreementthe Provincial Health Insurer and the Special Master fees, the Action or the Released Claims for any reason whatsoeverreason, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes pursuant to or in furtherance of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expensesthis Settlement Agreement. (510) Siskinds shall account to Once the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer appointment of the Escrow Account to Claims Administrator has been approved by the Administrator. After the transfer of the Escrow Account to the AdministratorCourt, the Claims Administrator shall provide an accounting to will establish the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Trust Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (611) Neither Siskinds nor the The Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement and shall not pay out all or any part of Escrow Settlement Funds the money in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with a judgement of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Subject to Section 3.1(2), within thirty-five (35) days of the Date of Execution, the Settling Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of for deposit into the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Trust Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control Payment of the Escrow AccountSettlement Amount shall be made by wire transfer. On or before the Date of Execution, Siskinds LLP will provide, in writing, the following information necessary to complete the wire transfer: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. (3) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers The Settlement Amount shall have any obligation to pay any further amount be allocated to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damages, interest, legal fees Settlement Classes as follows: (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expensesa) Fuel Injection Systems – US$38,000; and (b) Automotive Steel Tubes – US$601,000. (5) Siskinds The Settlement Amount shall account to the Defendants be all-inclusive of all amounts, including interest, costs, Administration Expenses, Class Counsel Fees and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationClass Counsel Disbursements. (6) Neither The Releasees shall have no obligation to pay any amount in addition to the Settlement Amount, for any reason, pursuant to or in furtherance of this Settlement Agreement, the Proceedings or any Other Actions. (7) Once a Claims Administrator has been appointed in one or more Proceedings, Siskinds nor LLP shall transfer control of the related portion of the Trust Account to the Claims Administrator. (8) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. (9) Siskinds LLP and the Claims Administrator shall not pay out all or any part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on Courts obtained after notice to the Parties.

Payment of Settlement Amount. 5.3.1. Within thirty (130) The Defendants days of the Date of Execution, the Defendant shall pay or cause the sum of $500,000.00, to Branch XxxXxxxxx LLP, for deposit into the Trust Account, to address payment for the costs to issue the Notices (the “Deposit”). If the full amount is not used in respect of the cost to issue the Notices, the remainder is to be paid used as payment for other costs associated with the Claims Administration Procedure as described in Section 4.2 or it will form part of the Net Settlement Fund. 5.3.2. Within thirty (30) days of the Final Order, the Defendant shall pay the Settlement Amount minus the Deposit, totaling $50.5 million, to Siskinds Branch XxxXxxxxx LLP, in trust, in full satisfaction of (a) all payment obligations under this Settlement Agreement, and final settlement of the Action and (b) the Released Claims within thirty (30) days against the Releasees. 5.3.3. Payment of the execution Deposit and the Settlement Amount shall be made by or on behalf of the AgreementDefendant by wire transfer. Siskinds shall hold Class Counsel will provide, in writing, the following information necessary to complete the wire transfer: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. 5.3.4. Class Counsel will receive the above-noted Deposit and the Settlement Amount in the Escrow Account. (2) Siskinds may pay Administration Expenses as trust in full satisfaction of all payment obligations under this Settlement Agreement and when they are incurred from the Escrow Settlement Funds while in control of the Escrow Account. (3) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or 5.3.5. Class Counsel with respect to shall maintain the Trust Account for purposes of this Settlement Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damages, interest, legal fees (including . Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for not pay out all payments made from the Escrow Settlement Funds prior to the transfer or part of the Escrow Account to monies in the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Trust Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (6) Neither Siskinds nor the Administrator shall pay out any of Escrow Settlement Funds except in accordance with this AgreementSettlement Agreement or in accordance with an order of the Court obtained after notice to the Defendant, and in any event, after all appeal rights, if any, have either lapsed or been exhausted. (7) Any dispute concerning 5.3.6. The Claims Administrator will deliver a Final Report to Class Counsel, Counsel for the entitlement to or quantum of expenses incurred in the publication Defendant, and dissemination of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on notice to within ninety (90) days of the Partiesend of the Claims Period. 5.3.7. The Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement.

Payment of Settlement Amount. (1) The Defendants CIBC shall pay or cause to be paid $125,000,000.00 (the “Settlement Amount to Siskinds LLP, in trust, Amount”) for the benefit of the Class Members in full and final settlement of the Action and the Released Claims Claims, within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount , to Xxxxxx Xxxxxx, in trust, to be deposited into the Escrow AccountAccount from which funds shall be paid toward Administration Expenses incurred in relation to the issuance of the Notice of Settlement Approval Hearing Order and the Approved Settlement Order. (2) Siskinds may pay Administration Expenses as and when they are incurred from Upon the Escrow issuance of the Approved Settlement Funds while in Order, Xxxxxx Xxxxxx shall transfer control of the Escrow AccountAccount to the Administrator, in trust, for the benefit of the Class Members to be disbursed in accordance with this Agreement and the Approved Settlement Order. (3) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or re-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, Agreement or the Action or the Released Claims for any reason whatsoeverreason, including any amount additional amounts for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds Xxxxxx Xxxxxx shall account to the Defendants and the Administrator for all payments payments, if any, made from the Escrow Settlement Funds Account prior to the transfer of the Escrow Account to the Administrator. After , which payments may include the transfer payment from the Settlement Fund to cover costs in relation to the issuance of Notice of the Escrow Account to the Administrator, the Settlement Approval Hearing Order. The Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds Account, whether made by Xxxxxx Xxxxxx or the Administrator. In the event this Agreement is terminated, Siskinds Xxxxxx Xxxxxx or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the termination. (6) Neither Siskinds nor the Administrator Xxxxxx Xxxxxx shall not pay out any of the monies in the Escrow Settlement Funds Account except in accordance with this Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Defendants Within sixty (60) days of Date of Execution, and after receipt of an invoice from Ontario Counsel, Lear shall pay or cause $56,350 CDN and KL Sales shall pay $4,900 CDN to be paid Siskinds LLP, for deposit into the Trust Account. Lear shall pay the remaining balance of the Lear Settlement Amount and KL Sales shall pay the remaining balance of the KL Sales Settlement Amount to Siskinds LLP, in trust, in full LLP for deposit into the Trust Account on or before the earlier of (i) the date which is one-hundred and final settlement of the Action and the Released Claims within thirty twenty (30120) days after the Date of Execution or (ii) the execution Effective Date, and after receipt of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Accountan invoice from Ontario Counsel. (2) Siskinds may The Settling Defendants’ obligations to pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control their respective share of the Escrow AccountSettlement Amount are several only, and not joint and several, and no Settling Defendant shall for any reason be responsible for or subject of a claim regarding any deficiency by another Settling Defendant in paying that other Settling Defendant’s share of the Settlement Amount. (3) Payment of the Settlement Amount shall be made by wire transfer. Prior to the Settlement Amount becoming due, Siskinds LLP will provide, in writing, the following information necessary to complete the wire transfers: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. (4) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (45) Neither the Defendants nor the Defendants’ insurers or reThe Settlement Amount shall be all-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoeverinclusive of all amounts, including any amount for damages, interest, legal fees (including Class Counsel Fees), disbursements, taxes of any kind, costs interest and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationcosts. (6) Neither The Releasees shall have no obligation to pay any amount in addition to the Settlement Amount, for any reason, pursuant to or in furtherance of this Settlement Agreement or the Proceedings. (7) Siskinds nor LLP shall maintain the Administrator Trust Account as provided for in this Settlement Agreement. (8) Siskinds LLP shall not pay out all or any part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on Courts obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Defendants shall pay or cause Subject to be paid the Settlement Amount to Siskinds LLPSection 9, in trust, in full and final settlement of the Action and the Released Claims within thirty (30) days of the execution of Effective Date, the Agreement. Siskinds Defendant shall hold use best efforts to pay by wire transfer the Settlement Amount in to Class Counsel (Xxxxxxxx XxXxxxxx LLP), for deposit into the Escrow Account. (2) Siskinds may pay Administration Expenses as and when they are incurred from At least ten (10) days prior to the Escrow Settlement Funds while Amount becoming due, Class Counsel shall provide, in control of writing, the Escrow Accountnecessary wire transfer information to Defence Counsel. (3) The Settlement Amount referred to in Section 3.2(1) shall be comprised of provisional deposit refunds of various Releasors (with the specific Releasors and other valuable consideration set forth refund amounts being determined by the Defendant in its sole discretion and which determination once made shall constitute the irrevocable direction of both the Defendant and the specific Releasors to pay their deposit refunds in the Agreement shall be designated amounts to Class Counsel) and provided in full satisfaction of the Released Claims against the Releasees, with the remaining balance of the deposit monies paid by all of the Releasors, together with any and all interest accrued or owing on all deposit monies paid by the Releasors, being forever forfeited to and in favour of the Defendant. (4) Neither the Defendants nor the Defendants’ insurers or reThe Settlement Amount shall be all-insurers shall have any obligation to pay any further amount inclusive of all amounts, including, without limitation, all expenses relating to the Plaintiffs, Action and the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoever, including any amount for damagesSettlement, interest, legal fees (including costs, fees, Class Counsel Fees), Claims Administration and Claims Adjudication Expenses, disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration Expensestaxes. (5) Siskinds The Releasees shall account have no obligation to pay any amount in addition to the Defendants and the Settlement Amount. (6) Once a Claims Administrator for all payments made from the Escrow Settlement Funds prior to the has been appointed, Class Counsel shall transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting net of Class Counsel Fees, as approved by the Court, to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationClaims Administrator. (67) Neither Siskinds nor Class Counsel and the Claims Administrator shall maintain the Escrow Account as provided for in this Settlement Agreement. While in control of the Escrow Account, Class Counsel and the Claims Administrator shall not pay out any all or part of the monies in the Escrow Settlement Funds Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Within sixty (60) days of the Date of Execution of the Settlement Agreement, and in any event prior to the hearing of the motion referred to in Section 2.2(1), the Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLPCounsel for the Defendants, in trustfor deposit into the Trust Account, in full and final settlement Counsel for the Defendants shall provide Class Counsel with proof of the Action and the Released Claims within thirty (30) days of the execution of the Agreement. Siskinds shall hold the Settlement Amount in the Escrow Accountsuch payment. (2) Siskinds may pay Administration Expenses as and when they are incurred from the Escrow Settlement Funds while in control Within four (4) business days of the Escrow Accountgranting of the Approval Order and the granting of the Appeal Order, Counsel for the Defendants shall pay the Settlement Amount to Sotos LLP in trust. The Defendants shall have no reversionary interest in, or reversionary claim to, the Settlement Amount. (3) Payment of the Settlement Amount shall be made by wire transfer. Prior to the Settlement Amount becoming due, Class Counsel will provide, in writing, the following information necessary to complete the wire transfer: name of bank, address of bank, ABA number, SWIFT number, name of beneficiary, beneficiary’s bank account number, beneficiary’s address, and bank contact details. (4) The Settlement Amount and other valuable consideration set forth in the Agreement shall be provided in full satisfaction of the Released Claims Matters against the Releasees. (45) Neither The Settlement Amount includes $6,186,000 for credit balances existing after the Defendants nor the Defendants’ insurers or re“valid thru” date and shall be all-insurers shall have any obligation to pay any further amount to the Plaintiffsinclusive of all amounts, the Class Members or Class Counsel with respect to this Agreementincluding, the Action or the Released Claims for any reason whatsoeverwithout limitation, taxes, including any amount for damagesthe withholdings and remittances referred to below in 9(1)(e) and (f), interest, legal fees (including costs, Class Counsel Fees), disbursements, taxes of any kind, costs and expenses relating in any way to the Action, the Released Claims, the SettlementClass Counsel Disbursements, and any Administration Expenses. (5) Siskinds shall account to the Defendants and the Administrator for all payments made from the Escrow Settlement Funds prior to the transfer Costs in excess of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administratoramounts set out in section 3.2, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationbelow. (6) Neither Siskinds nor Once a Claims Administrator has been appointed by the Administrator Court, Class Counsel shall pay out any transfer control of Escrow the Settlement Funds except in accordance with this AgreementAmount, less approved Class Counsel Fees and Class Counsel Disbursements to the Claims Administrator. (7) Any dispute concerning Sotos LLP and the entitlement to Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. (8) Sotos LLP and the Claims Administrator shall not pay out all or quantum any part of expenses incurred the monies in the publication and dissemination Trust Account, except in accordance with the Settlement Agreement, the Distribution Protocol, or an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on obtained after notice to the Parties.

Payment of Settlement Amount. (1) The Defendants shall pay or cause to be paid the Settlement Amount to Siskinds LLP, in trust, in full and final settlement of the Action and the Released Claims within Within thirty (30) days of the execution Execution Date, subject to the receipt by the Settling Defendants before the Execution Date of an original copy of a written request for payment from Class Counsel in the Agreement. Siskinds format provided by the Settling Defendants, the Settling Defendants shall hold pay the Settlement Amount in to Siskinds LLP for deposit into the Escrow Trust Account. The Settlement Amount shall be converted into Canadian currency by Siskinds LLP upon deposit into the Trust Account. (2) The Settling Defendants shall deposit the Settlement Amount into the Trust Account by wire transfer. Siskinds may pay Administration Expenses as and when they are incurred from LLP shall provide the Escrow Settlement Funds while in control necessary wire transfer information to Counsel for the Settling Defendants within five days of the Escrow AccountExecution Date so that the Settling Defendants have a reasonable period of time to comply with section 3.1(1) of this Settlement Agreement. (3) The Settlement Amount and other valuable consideration set forth to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) Neither the Defendants nor the Defendants’ insurers or reThe Settlement Amount shall be all-insurers shall have any obligation to pay any further amount to the Plaintiffs, the Class Members or Class Counsel with respect to this Agreement, the Action or the Released Claims for any reason whatsoeverinclusive of all amounts, including any amount for damageswithout limitation, interest, legal fees (including costs, Class Counsel Fees), disbursements, taxes of any kind, costs Fees and expenses relating in any way to the Action, the Released Claims, the Settlement, and Administration ExpensesClass Counsel Disbursements. (5) Siskinds The Releasees shall account have no obligation to pay any amount in addition to the Defendants and the Administrator Settlement Amount, for all payments made from the Escrow any reason, pursuant to or in furtherance of this Settlement Funds prior to the transfer of the Escrow Account to the Administrator. After the transfer of the Escrow Account to the Administrator, the Administrator shall provide an accounting to the Parties every three (3) months for all payments made from the Escrow Settlement Funds by the Administrator. In the event this Agreement is terminated, Siskinds or the Administrator, whichever then has control of the Escrow Account, shall deliver an accounting to the Parties for all payments made from the Escrow Settlement Funds no later than ten (10) days after the terminationProceedings or any Other Actions. (6) Neither Once a Claims Administrator has been appointed, Siskinds nor LLP shall transfer control of the Trust Account to the Claims Administrator. (7) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. While in control of the Trust Account, Siskinds LLP and the Claims Administrator shall not pay out any all or part of Escrow Settlement Funds the monies in the Trust Account, except in accordance with this Settlement Agreement. (7) Any dispute concerning the entitlement to , or quantum of expenses incurred in the publication and dissemination accordance with an order of the First Notice or the Second Notice, or Administration Expenses paid by Siskinds or the Administrator subsequently, shall be dealt with by a motion to the Court on Ontario and Quebec Courts obtained after notice to the Parties.