Quebec Waiver or Renunciation of Solidarity Order. (1) Quebec Counsel shall seek a waiver or renunciation of solidarity by the Quebec Court providing for the following:
(a) the Quebec Plaintiff and the Quebec Settlement Class Members expressly waive and renounce the benefit of solidarity against the Non-Settling Defendants with respect to the facts, deeds or other conduct of the Releasees;
(b) the Quebec Plaintiff and the Quebec Settlement Class Members shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including without limitation, judicial fees pursuant to the Code of Civil Procedure, and investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the conduct of the Non-Settling Defendants, the sales by the Non-Settling Defendants, and/or other applicable measure of proportionate liability of the Non-Settling Defendants;
(c) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Releasees or relating to the Released Claims shall be inadmissible and void in the context of the Quebec Action or any Other Action commenced in Quebec; and
(d) the ability of Non-Settling Defendants to seek discovery from the Settling Defendants shall be determined according to the provisions of the Code of Civil Procedure, and the Settling Defendants shall retain and reserve all of their rights to oppose such discovery under the Code of Civil Procedure.
Quebec Waiver or Renunciation of Solidarity Order. (1) Class Counsel shall seek a declaration by the Quebec Court that the Quebec Plaintiff and the Quebec Settlement Class have renounced the benefit of solidarity. The declaration obtained will provide for the following:
(a) the Quebec Plaintiff and Quebec Settlement Class Members expressly waive and renounce the benefit of solidarity against any other Person or party that is not a Releasee with respect to the facts, deeds or other conduct of the Releasees; and
(b) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Releasees or relating to the Released Claims shall be inadmissible and void in the context of the Quebec Action or any Other Action commenced in Quebec.
Quebec Waiver or Renunciation of Solidarity Order. The Parties agree that the Quebec order approving this Settlement Agreement must include an order providing for the following:
(a) In the event of introduction of a Reinstated Rule and proceedings commenced in Quebec claiming damages, injunctive or declaratory relief as against Mastercard or Visa, the Plaintiffs in Quebec and Settlement Class Members who are members of the Quebec Mastercard Settlement Class and the Quebec Visa Settlement Class expressly waive and renounce the benefit of solidarity against Mastercard or Visa with respect to the facts and deeds of the Releasees, and Mastercard and Visa are thereby released with respect to the Proportionate Liability of the Releasees for any damages or other award whatsoever proven at trial or otherwise, if any;
(b) The court seized of any proceedings in Quebec in respect of a Reinstated Rule shall have full authority, on procedures it may specify, to determine the Proportionate Liability of the Releasees at the trial or other disposition of such proceeding, whether or not the Releasees are parties or appear at the trial or other disposition, and any determination in respect of the Proportionate Liability of the Releasees shall only apply in such proceedings and shall not be binding on the Releasees in any other proceedings;
(c) In the event of introduction of a Reinstated Rule, the Plaintiffs in Quebec and Settlement Class Members who are members of the Quebec Mastercard Settlement Class and the Quebec Visa Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, as the case may be, from and attributable to the conduct of Mastercard or Visa; and
(d) Any action in warranty or other joinder of parties to obtain any contribution or indemnity from the Releasees or relating to the Released Claims shall be inadmissible, released and void in the context of proceedings commenced in Quebec in the event of introduction of a Reinstated Rule, provided that bona fide independent and direct claims and causes of action between the Settling Defendants and Visa or Mastercard are not precluded.
Quebec Waiver or Renunciation of Solidarity Order. (1) Class Counsel shall seek a waiver or renunciation of solidarity from the Quebec Court providing for the following:
(a) the Quebec Petitioners and the Settlement Class Members in the Quebec Action expressly waive and renounce the benefit of solidarity against any other Person or party that is not a Releasee with respect to the facts, deeds or other conduct of the Releasees; and
(b) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Releasees or relating to the Released Claims shall be inadmissible and void in the context of the Quebec Action.
