Common use of Quebec Waiver or Renunciation of Solidarity Order Clause in Contracts

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) The Plaintiffs, the Domfoam Defendants and the Individual Settling Parties agree that the Quebec order approving this Settlement Agreement must include an order providing that provides for a waiver or renunciation of solidarity. The waiver or renunciation of solidarity order shall be in a form reasonably agreed to by the followingPlaintiffs, the Domfoam Defendants and the Individual Settling Parties, provided that the Quebec Court must take notice of the following undertaking and the order must include the following terms: (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, provision that the Plaintiffs in Quebec and the Quebec 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 any share of liability, including without limitation liability arising from in solidum obligations, that can be attributed in any way to the facts and deeds Releasees in respect 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, Quebec Proceeding (if any), in capital, interest and/or costs; (b) The court seized a provision that the Plaintiffs in Quebec and the Quebec Settlement Class Members expressly waive and renounce, to the Releasees’ exclusive benefit, to claim or receive payment from the Non-Settling Defendants or any other person of any proceedings amount representing any share of liability that can be attributed in Quebec in respect of a Reinstated Rule shall have full authority, on procedures it may specify, any way 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 Quebec Proceeding (if any), in such proceedings and shall not be binding on the Releasees in any other proceedingscapital, interests and/or costs; (c) In the event of introduction of a Reinstated Rule, provision that the Plaintiffs in Quebec and the Quebec Settlement Class Members who are members release the Non-Settling Defendants and any other person in respect of any share of liability that can be attributed in any way to the Releasees in respect of the Quebec Mastercard Settlement Class Proceeding (if any), in capital, interests 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 Visacosts; and (d) Any a provision that the Plaintiffs in Quebec and the Quebec Settlement Class Members will bear the Releasees’ share in the contribution in respect of the Quebec Proceeding (if any) that would result from the insolvency of a Non- Settling Defendants or any other Person. (2) The Plaintiffs, the Domfoam Defendants and the Individual Settling Parties further agree that the Quebec order approving this Settlement Agreement must also include a provision that in the event that any person brings an action in warranty or any other joinder of parties claim to obtain any contribution or indemnity from the Releasees or relating an amount representing the share of liability attributed to the Released Claims shall be inadmissible, released and void Releasees in the context Quebec Proceeding (if any) and the Plaintiffs, the Domfoam Defendants, the Individual Settling Parties and the other Releasees are not able to obtain the dismissal of proceedings commenced such an action or claim through a preliminary motion at first instance before the Quebec Court, then the Plaintiffs in Quebec and the Quebec Settlement Class Members shall undertake to indemnify the Releasees and to save the Releasees harmless in the event respect of introduction any damage, harm, loss or cost reasonably incurred in respect of a Reinstated Rulesuch action or claim, provided that bona fide independent and direct claims and causes any such indemnity will only be paid out of action between any present or future undistributed settlement or judgment amount collected from the Non-Settling Defendants or named or unnamed co-conspirators or any other person for the benefit of the Plaintiffs and Visa or Mastercard are the Quebec Settlement Class Members in respect of the Quebec Proceeding. This indemnity shall not precludedaffect the ability of the Plaintiffs to seek interim distributions of settlement funds subject to court approval.