Common use of Right of Termination Clause in Contracts

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action or the BC Court declines to dismiss the BC Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings Settlement Class, including declining to amend the authorized class in the Québec Action to include purchasers of Film Capacitors and products containing Film Capacitors, for the settlement purposes of the Settlement Agreementonly; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants who are named as Defendants or the Québec Action is not fully settled out of court as against the Settling Defendants who are named as Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof, and the Parties agree that the cooperation, releases, bar orders, waiver or renunciation of solidarity and covenants not to sue contemplated by this Settlement Agreement are all material terms; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues an order approving this Settlement Agreement in a settlement approval order form that is materially inconsistent with the terms of the this Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C“D”; or (f) any orders order approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs Settling Defendants and the Settling Defendants Plaintiffs shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17subsection 15.18, within thirty (30) days following an the event described above. Except as provided for in subsection 14.4, if the Settling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17subsection 15.18 or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees and Disbursements or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any the Ontario or Quebec Court declines to certify or authorize the relevant Proceedings Ontario or Quebec Proceedings, as applicable, for settlement purposes as against the purposes of the Settlement AgreementSettling Defendants or does so in a materially modified form; (b) the Ontario Court or BC Court declines to dismiss the Ontario Action or BC Proceeding, as applicable, against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings Quebec Proceeding against the Settling Defendants; (c) any the Ontario or Quebec Court declines to approve this Settlement Agreement or any material part hereof; (d) any the Ontario or Quebec Court approves this Settlement Agreement in a materially modified form; (e) any the Ontario or Quebec Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; orSchedules C and E; (f) any orders approving this Settlement Agreement made by the Ontario or Quebec Courts do not become Final Orders; or (g) the Settlement Amount is not paid in accordance with section 3.1(1). the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement (except that only the Settling Defendants shall have the right to terminate under subsection (b) above and only the Plaintiffs shall have the right to terminate under subsection (g) above) by delivering a written notice pursuant to Section 14.17section 14.18, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement AgreementClass; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling DefendantsDefendant or the Québec Action is not fully settled out of court as against the Settling Defendant; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm, and the Parties agree that the releases, bar orders, waiver or renunciation of solidarity and covenants not to xxx contemplated by this Settlement Agreement are all material terms; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or Parties acting reasonably do not substantially in reach agreement on the form attached to and content of any order required by this Settlement Agreement as Schedule CAgreement, or the order agreed by the Parties is approved by a Court in a materially modified form; or, (f) any orders order approving this Settlement Agreement made by the Courts do does not become Final Orders; the Plaintiffs Settling Defendant, Class Counsel, and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. subsection 15.18, within thirty (330) days following the event described above. Except as provided for in Section 5.4subsection 14.4, if the Settlement Agreement is terminatedSettling Defendant, Class Counsel or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reasonlitigation. (42) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees Fees, or Class Counsel Disbursements; or (b) the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. ‌ (1) In The Plaintiffs or the Settling Defendant may terminate the Settlement Agreement in the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreementsettlement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (dc) any Court approves this Settlement Agreement in a materially modified form; (ed) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule CB; or (fe) any orders approving this Settlement Agreement made by the Courts Ontario Court, the BC Court or the Quebec Court do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement if the Settling Defendant fails to pay the Settlement Amount in full within forty-five (45) days of the execution of this Settlement Agreement by delivering a written notice pursuant to Section 14.17the Parties. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made (or rejected rejected) by any Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) Counsel's fees and disbursements, the Distribution Protocol Protocol, or the provisions of the bar order set out in Section 8.1(1)(b), shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement AgreementAgreement in whole or in part. (4) To exercise a right of termination, a terminating party shall deliver a written notice of termination pursuant to Section 14.18 within thirty (30) days of the ground for termination becoming known to the terminating party.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or Defendants; (c) the BC Court declines to dismiss the BC Action against the Settling Defendants; (d) the Quebec Court declines to declare settled out of court the Proceedings Quebec Action against the Settling Defendants; (ce) any Court declines to approve this Settlement Agreement or any material part hereof; (df) any Court approves this Settlement Agreement in a materially modified form; (eg) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or; (fh) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; or (i) any Court or other court whose approval or recognition is required declines to approve or enforce any of the Canadian Settlement Agreements in substantially the form in which it was executed or any material part of such settlement agreements; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to in accordance with Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to in accordance with Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminatednot approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action Actions as against the Named Settling Defendants or Defendants; (c) the BC Court declines to dismiss the BC Actions and/or the Xxxx Action and/or the Oun Action as against all relevant Settling Defendants; (d) the Quebec Court declines to declare settled out of court the Proceedings Quebec Action as against the Named Settling Defendants; (ce) the Quebec Court declines to discontinue the Xxxxxxxx Actions as against all relevant Settling Defendants; (f) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court part, or approves this Settlement Agreement in a materially modified form; (eg) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fh) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if 15.17 or move before the Settlement Agreement is terminated, Courts to enforce the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination terms of this Settlement Agreement.

Right of Termination. (1) In Hershey Canada or the Main Plaintiffs may terminate this Settlement Agreement in the event that: (a) The Parties fail to reach agreement on the form and content of any Court declines to certify order or authorize the relevant Proceedings for the purposes notice in accordance with 2.3(1) of the Settlement Agreement; (b) the Ontario Court declines to dismiss form and content of any of the Final Orders approved by the Ontario Action against Court, the Settling Defendants or BC Court and the Quebec Court declines to declare settled out departs from the form and content of court the Proceedings against orders agreed upon by the Settling Defendants;Main Plaintiffs and Hershey Canada under section 2.3(1) of this Settlement Agreement. (c) any Court declines to approve this Settlement Agreement or any material term or part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fe) any orders approving this Settlement Agreement made by the Courts Ontario Court, the BC Court or the Quebec Court do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1To exercise a right of termination under section 13.1(1), the Plaintiffs a terminating party shall have the right deliver a written notice of termination pursuant to terminate section of this Settlement Agreement. Upon delivery of such a written notice, this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except shall be terminated and, except as provided for in Section 5.4section 13.4, if the Settlement Agreement is terminated, the Settlement Agreement it shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation litigation. (3) Any order, ruling or determination made by any Court that is not substantially in any other way the form of form and content of the respective Final Order, as agreed upon by the Main Plaintiffs and Hershey Canada in accordance with section 2.3(1), shall be deemed to be a material modification of this Settlement Agreement and shall provide a basis for any reasonthe termination of this Settlement Agreement, provided however that Hershey Canada may agree to waive this provision. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement. (5) In the event this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Main Plaintiffs, the Additional Plaintiffs and Hershey Canada agree that any prior certification or authorization of a Main Proceeding as a class proceeding, including the definitions of the Settlement Class and the Common Issue, shall be without prejudice to any position that any of the Parties or any Releasee may later take on any issue in the Canadian Proceedings or any other litigation. (6) In the event this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Main Plaintiffs, the Additional Plaintiffs and Hershey Canada agree that any appearance, attendance, filing or any other action or step taken by Hershey Canada or The Hershey Company pursuant to or relating to this Settlement Agreement shall be without prejudice to any position that any Releasee may later take in respect of the jurisdiction of the Courts or any other court, including, without limitation, a motion to quash service ex juris or to otherwise challenge the jurisdiction of the Courts or any other court over any Releasee in the Canadian Proceedings or any other litigation.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the BC Court declines to dismiss the BC Action, the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants Action, or the Quebec Court declines to declare settled out of court the Proceedings Quebec Action, all as against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings Settlement Class, for the settlement purposes of the only, as contemplated by this Settlement Agreement; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action Proceedings against the Settling Defendants or the Quebec Court declines to declare Québec Action is not fully settled out of court the Proceedings as against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof (and for greater certainty, the Parties agree that the cooperation, releases, bar orders, waiver or renunciation of solidarity and covenants not to sue contemplated by this Settlement Agreement are all material terms); (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues an order approving this Settlement Agreement in a settlement approval order form that is materially inconsistent with the terms of the this Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule CSchedules “D” and “E”; or (f) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants and the Plaintiffs shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.19, within thirty (30) days following an the event described above. (2) Except as provided for in Section 14.4, if the Settling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation. (3) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(13.1(2), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if 15.19 or move before the Courts to enforce the terms of this Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason.Agreement (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Fees, Class Counsel Disbursements; or (b) Disbursement or the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action or the BC Court declines to dismiss the BC Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings Quebec Action against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.17. (3) Except as provided for in Section 5.46.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; (b) the opt-out process; or (bc) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the BC Court declines to dismiss the BC Action against the Named Settling Defendants, the Ontario Court declines to dismiss the Ontario Action Actions as against the Named Settling Defendants Defendants, or the Quebec Court declines to declare settled out of court the Proceedings Quebec Action against the Named Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court part, or approves this Settlement Agreement in a materially modified form; (ed) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fe) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.17, within thirty (30) days after such non-payment. (3) Except as provided for in Section 5.46.4, if the Settlement Agreement is not approved, is terminated, or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the BC Court declines to dismiss the BC Actions, the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants Action, or the Quebec Court declines to declare settled out of court the Proceedings Quebec Action, all as against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. ‌ (1) In the event that:that:‌ (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action Actions as against the Named Settling Defendants or Defendants; (c) the BC Court declines to dismiss the BC Actions and/or the Oun Action as against all relevant the Settling Defendants; (d) the Quebec Court declines to declare settled out of court the Proceedings Quebec Actions against the Named Settling Defendants; (ce) the Quebec Court declines to discontinue the Xxxxxxxx Action as against all relevant Settling Defendants; (f) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court hereof or approves this Settlement Agreement in a materially modified form; (eg) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule CD; or (fh) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1714.17 or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is not approved, is terminated, or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason.reason.‌ (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings Settlement Class, for the settlement purposes of the Settlement Agreementonly, as contemplated by this agreement; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action Proceedings against the Settling Defendants or the Quebec Court declines to declare Québec Action is not fully settled out of court the Proceedings as against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof, and the Parties agree that the releases, bar orders, waiver or renunciation of solidarity and covenants not to sue contemplated by this Settlement Agreement are all material terms; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues an order approving this Settlement Agreement in a settlement approval order form that is materially inconsistent with the terms of the this Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule “C”; or (f) any orders order approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs Settling Defendants and the Settling Defendants Plaintiffs shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17subsection 15.18, within thirty (30) days following an the event described above. Except as provided for in subsection 14.4, if the Settling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17subsection 15.18 or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any the Federal Court declines to certify the Federal Court Action for settlement purposes as against the Settling Defendants or authorize the relevant Proceedings for the purposes of the Settlement Agreementdoes so in a materially modified form; (b) the Ontario Federal Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Federal Court declines to declare settled out of court the Proceedings against the Settling DefendantsAction; (c) any the Federal Court declines to approve this Settlement Agreement or any material part hereof; (d) any the Federal Court approves this Settlement Agreement in a materially modified form; (e) any the Federal Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule "C; or"; (f) any orders the order approving this Settlement Agreement made by the Courts Federal Court does not become a Final Order; (g) the BC Plaintiff does not obtain a filed discontinuance of the BC Action; and/or (h) the Quebec Plaintiffs do not become Final Orders; obtain a filed order discontinuing the Quebec Action, the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement on the grounds above (except that only the Settling Defendants shall have the right to terminate under subsections (b), (g) and (h)) by delivering a written notice pursuant to Section 14.17section 12.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. section 12.17, within thirty (330) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of alldays after such non-payment, or a part, of this Settlement Agreement and shall not provide any basis for move before the termination Federal Court to enforce the terms of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings Proceeding against the Settling Defendants; (cb) any the Ontario Court declines to approve this Settlement Agreement or any material part hereof; (dc) any the Ontario Court approves this Settlement Agreement in a materially modified form; (ed) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders approving this Settlement Agreement made by the Courts do Ontario Court does not become a Final OrdersOrder; (e) the Quebec Court declines to discontinue the Quebec Proceeding; or (f) the Plaintiffs Settlement Amount is not paid in accordance with section 3.1(1), the Plaintiff and the Settling Defendants shall each have the right to terminate this Settlement Agreement (except that only the Settling Defendants shall have the right to terminate under subsection (a) and (e) above and only the Plaintiff shall have the right to terminate under subsection (f) above) by delivering a written notice pursuant to Section 14.17section 10.16, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4section 4.3, if the Settlement Agreement is terminatedSettling Defendants or the Plaintiff exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reasonlitigation. (43) Any order, ruling or determination made (or rejected rejected) by any the Ontario Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol , shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. ‌ (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings Settlement Class, for the settlement purposes of the only, as contemplated by this Settlement Agreement; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action Proceedings against the Settling Defendants or the Quebec Court declines to declare Québec Action is not fully settled out of court the Proceedings as against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof (and for greater certainty, the Parties agree that the cooperation, releases, bar orders, waiver or renunciation of solidarity and covenants not to sue contemplated by this Settlement Agreement are all material terms); (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues an order approving this Settlement Agreement in a settlement approval order form that is materially inconsistent with the terms of the this Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule CSchedules “D” and “E”; or (f) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants and the Plaintiffs shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1715.19, within thirty (30) days following an the event described above. (2) Except as provided for in Section 14.4, if the Settling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation. (3) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(13.1(2), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.4, if 15.19 or move before the Courts to enforce the terms of this Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason.Agreement (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Fees, Class Counsel Disbursements; or (b) Disbursement or the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario any Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (f) any orders approving this Settlement Agreement made by the Courts Ontario Court, the BC Court or the Quebec Court do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1713.18, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. (3) Except as provided for in Section 5.44.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the terminating Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reasonlitigation. (43) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement AgreementClass; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants who are named as Defendants or the Québec Action is not fully settled out of court as against the Settling Defendants who are named as Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof, and the Parties agree that the releases, bar orders, waiver or renunciation of solidarity and covenants not to sue contemplated by this Settlement Agreement are all material terms; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or Parties acting reasonably do not substantially in reach agreement on the form attached to and content of any order required by this Settlement Agreement as Schedule CAgreement, or the order agreed by the Parties is approved by a Court in a materially modified form; or (f) any orders order approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), and the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. subsection 14.18, within thirty (330) days following the event described above. Except as provided for in Section 5.4subsection 13.4, if the Settlement Agreement is terminatedSettling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reasonlitigation. (42) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or Defendants; (c) the Quebec Court declines to declare settled out of court the Proceedings Quebec Action against the Settling Defendants; (cd) any Court declines to approve this Settlement Agreement or any material part hereof; (de) any Court approves this Settlement Agreement in a materially modified form; (ef) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or; (fg) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; or (h) any Court or other court whose approval or recognition is required declines to approve or enforce any of the Canadian Settlement Agreements in substantially the form in which it was executed or any material part of such settlement agreements; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to in accordance with Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to in accordance with Section 14.17. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminatednot approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action as against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling DefendantsDefendant; (c) the BC Court declines to dismiss the BC Action and/or the Xxxx Action against the Settling Defendant; (d) the Superior Court of Quebec declines to discontinue the Xxxxxxxx Action as against the Settling Defendant; (e) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court part, or approves this Settlement Agreement in a materially modified form; (ef) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fg) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants Defendant shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1714.17 or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is not approved, is terminated, or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings as against the Settling Defendants; (c) the BC Court declines to dismiss the BC Actions as against the Named Settling Defendants and/or the Oun Action as against the Settling Defendants; (d) any Court declines to discontinue a Proceeding as against the Discontinuance Defendants; (e) the Superior Court of Quebec declines to discontinue the application to authorize a class action against the Settling Defendants and the Discontinuance Defendants in the Xxxxxxxx Action; (f) any Court declines to approve this Settlement Agreement or any material part hereof; (dg) any Court approves this Settlement Agreement in a materially modified form; (eh) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fi) any orders approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days after such non-payment, or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement AgreementClass; (b) the Ontario Court or the BC Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants who are named as Defendants or the Québec Action is not fully settled out of court as against the Settling Defendants who are named as Defendants; (c) any Court declines to approve this Settlement Agreement or any material part hereofterm thereof, and the Parties agree that the releases, bar orders, waiver or renunciation of solidarity and covenants not to xxx contemplated by this Settlement Agreement are all material terms; (d) any Court approves this Settlement Agreement in a materially modified form; (e) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or Parties acting reasonably do not substantially in reach agreement on the form attached to and content of any order required by this Settlement Agreement as Schedule CAgreement, or the order agreed by the Parties is approved by a Court in a materially modified form; or (f) any orders order approving this Settlement Agreement made by the Courts do not become Final Orders; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), and the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17. subsection 14.18, within thirty (330) days following the event described above. Except as provided for in Section 5.4subsection 13.4, if the Settlement Agreement is terminatedSettling Defendants or the Plaintiffs exercise their right to terminate, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reasonlitigation. (42) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol Protocol, shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.

Right of Termination. (1a) In Only if one or more of the event thatfollowing events occur, the Plaintiffs and the Settling Defendant shall each, in their respective sole discretion, have the option to terminate this Settlement Agreement in its entirety: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings against the Settling Defendants; (ci) any Court declines to approve this Settlement Agreement or any material part hereof; (dii) any Court approves this Settlement Agreement in a materially modified formdeclines to sign the Approval Order; (eiii) any Court issues a settlement approval order that Approval Order is materially inconsistent with the terms of the Settlement Agreement modified or not substantially in the form attached to this Settlement Agreement as Schedule Cset aside on appeal; or (fiv) any orders approving this Settlement Agreement made by Court declines to dismiss the Courts do not become Final Orders; Ontario or BC Action or settle with prejudice the Plaintiffs and Quebec Action as against the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described aboveDefendant and/or AC Cargo Limited Partnership. (2b) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(12.2(a) and Section 2.2(c), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant or move before the Ontario Court to Section 14.17enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is terminated, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4c) Any order, ruling or determination made or rejected by any Court with respect to: (a) to Class Counsel Fees or Fees, Class Counsel Disbursements; or (b) Disbursements or the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement. (d) If pursuant to Section 10.1(a) or (b) above, the Plaintiffs or the Settling Defendant wish to terminate the Settlement Agreement, notice of such decision to terminate the Settlement Agreement must be provided in writing to the Plaintiffs or the Settling Defendant, as applicable, within thirty (30) days of an event under Section 10.1(a) or (b) having occurred.

Right of Termination. (1) In the event that: (a) any Court declines to certify or authorize the relevant Proceedings for the purposes of the Settlement Agreement; (b) the Ontario Court declines to dismiss the Ontario Action against the Settling Defendants or the Quebec Court declines to declare settled out of court the Proceedings as against the Settling Defendants; (c) the BC Court declines to dismiss the BC Action and/or the Xxxx Action against the Settling Defendants; (d) the Superior Court of Quebec declines to discontinue the Xxxxxxxx Action as against the Settling Defendants; (e) any Court declines to approve this Settlement Agreement or any material part hereof; (d) any Court part, or approves this Settlement Agreement in a materially modified form; (ef) any Court issues a settlement approval order that is materially inconsistent with the terms of the Settlement Agreement or not substantially in the form attached to this Settlement Agreement as Schedule C; or (fg) any orders order approving this Settlement Agreement made by the Courts do a Court does not become a Final OrdersOrder; the Plaintiffs and the Settling Defendants shall each have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.17, within thirty (30) days following an event described above. (2) In addition, if the Settlement Amount is not paid in accordance with Section 3.1(1), the Plaintiffs shall have the right to terminate this Settlement Agreement by delivering a written notice pursuant to Section 14.1714.17 or move before the Courts to enforce the terms of this Settlement Agreement. (3) Except as provided for in Section 5.4, if the Settlement Agreement is not approved, is terminated, or otherwise fails to take effect for any reason, the Settlement Agreement shall be null and void and have no further force or effect, and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation or in any other way for any reason. (4) Any order, ruling or determination made or rejected by any Court with respect to: (a) Class Counsel Fees or Class Counsel Disbursements; or (b) the Distribution Protocol shall not be deemed to be a material modification of all, or a part, of this Settlement Agreement and shall not provide any basis for the termination of this Settlement Agreement.