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

Québec Waiver or Renunciation of Solidarity Order. (1) The Plaintiffs and the Settling Defendants agree that the Québec order approving this Settlement Agreement must include a waiver or renunciation of solidarity in respect of the Québec action which includes the following: (a) the Québec Plaintiff and the Québec Settlement Class 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 relating to the Released Claims; (b) the Québec Plaintiff and the Québec Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including 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. Notwithstanding the fact that KEMET Corporation and KEMET Electronic Corporation are Non-Settling Defendants, the Québec Plaintiff and the Québec Settlement Class are not entitled to claim and recover damages in respect of the Released Claims of KEMET Corporation and KEMET Electronics Corporation; (c) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Releasees relating to the Released Claims shall be inadmissible and void in the context of the Québec Action; 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.

Québec Waiver or Renunciation of Solidarity Order. (1) The Plaintiffs and the Settling Defendants Defendant agree that the Québec order approving this Settlement Agreement must include a waiver or renunciation of solidarity in respect of the Québec action which includes the following: (a) the Québec Plaintiff and Members of the Québec Settlement Class expressly waive and renounce the benefit of solidarity against the Non-Non- Settling Defendants with respect to the facts, deeds or other conduct of the Releasees relating to the Released ClaimsReleasees; (b) the Québec Plaintiff and the Members of the Québec Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including investigative costs claimed pursuant to section s. 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-Non- Settling Defendants. Notwithstanding the fact that KEMET Corporation and KEMET Electronic Corporation are Non-Settling Defendants, the Québec Plaintiff and the Québec Settlement Class are not entitled to claim and recover damages in respect of the Released Claims of KEMET Corporation and KEMET Electronics Corporation; (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 Québec Action; and, (d) the ability of the Non-Settling Defendants to seek discovery from the Settling Defendants Defendant shall be determined according to the provisions of the Code of Civil Procedure, and the Settling Defendants Defendant shall retain and reserve all of their rights to oppose such discovery under the Code of Civil Procedure.

Québec Waiver or Renunciation of Solidarity Order. (1) The Electrolytic Plaintiffs and the Settling Defendants agree that the Québec order approving this Settlement Agreement must include contain a waiver or renunciation of solidarity in respect of the Québec action Action which includes the following: (a) the Québec Plaintiff and the Québec Settlement Class expressly waive and renounce the benefit of solidarity against the Non-Settling Electrolytic Defendants with respect to the facts, deeds or other conduct of the Settling Defendants and other Releasees relating to the Released Claims; (b) the Québec Plaintiff and the Québec Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the conduct of the Non-Settling Electrolytic Defendants, the sales by the Non-Settling Electrolytic Defendants, and/or other applicable measure of proportionate liability of the Non-Settling Electrolytic Defendants. Notwithstanding the fact that KEMET Corporation and KEMET Electronic Corporation are Non-Settling Defendants, the Québec Plaintiff and the Québec Settlement Class are not entitled to claim and recover damages in respect of the Released Claims of KEMET Corporation and KEMET Electronics Corporation;. (c) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Settling Defendants and other Releasees relating to the Released Claims shall be inadmissible and void in the context of the Québec Action; and (d) the ability of Non-Settling Electrolytic 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.

Québec Waiver or Renunciation of Solidarity Order. (1) The Electrolytic Plaintiffs and the Settling Defendants agree that the Québec order approving this Settlement Agreement must include a waiver or renunciation of solidarity in respect of the Québec action Action which includes the following: (a) the Québec Plaintiff and the Québec Settlement Class expressly waive and renounce the benefit of solidarity against the Non-Settling Electrolytic Defendants with respect to the facts, deeds or other conduct of the Releasees relating to the Released Claims; (b) the Québec Plaintiff and the Québec Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the conduct of the Non-Settling Electrolytic Defendants, the sales by the Non-Settling Electrolytic Defendants, and/or other applicable measure of proportionate liability of the Non-Settling Electrolytic Defendants. Notwithstanding the fact that KEMET Corporation and KEMET Electronic Corporation are Non-Settling Defendants, the Québec Plaintiff and the Québec Settlement Class are not entitled to claim and recover damages in respect of the Released Claims of KEMET Corporation and KEMET Electronics Corporation;. (c) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Releasees relating to the Released Claims shall be inadmissible and void in the context of the Québec Action; and (d) the ability of Non-Settling Electrolytic 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.

Québec Waiver or Renunciation of Solidarity Order. ‌ (1) The Electrolytic Plaintiffs and the Settling Defendants agree that the Québec order approving this Settlement Agreement must include contain a waiver or renunciation of solidarity in respect of the Québec action Action which includes the following: (a) the Québec Plaintiff and the Québec Settlement Class expressly waive and renounce the benefit of solidarity against the Non-Settling Electrolytic Defendants with respect to the facts, deeds or other conduct of the Settling Defendants and other Releasees relating to the Released Claims; (b) the Québec Plaintiff and the Québec Settlement Class shall henceforth only be able to claim and recover damages, including punitive damages, interest and costs (including investigative costs claimed pursuant to section 36 of the Competition Act) attributable to the conduct of the Non-Settling Electrolytic Defendants, the sales by the Non-Settling Electrolytic Defendants, and/or other applicable measure of proportionate liability of the Non-Settling Electrolytic Defendants. Notwithstanding the fact that KEMET Corporation and KEMET Electronic Corporation are Non-Settling Defendants, the Québec Plaintiff and the Québec Settlement Class are not entitled to claim and recover damages in respect of the Released Claims of KEMET Corporation and KEMET Electronics Corporation;. (c) any claims in warranty or any other claim or joinder of parties to obtain any contribution or indemnity from the Settling Defendants and other Releasees relating to the Released Claims shall be inadmissible and void in the context of the Québec Action; and (d) the ability of Non-Settling Electrolytic 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.