Claims Against Other Entities Reserved. (1) Except as provided herein, this Settlement Agreement does not settle, compromise, release or limit in any way whatsoever any claim by the Releasors against any Person other than the Releasees.
Claims Against Other Entities Reserved.
(1) Except as provided herein, this Settlement Agreement does not settle, compromise, release or limit in any way whatsoever any claim by Settlement Class Members against any Person other than the Releasees. Section 8- Bar Orders, Waiver of Solidarity Order and Other Claims
8.1 British Columbia and Ontario Bar Orders
(1) Bar orders shall be granted by the BC Court and the Ontario Court providing for the following:
(a) all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in the Proceedings, by any Non-Settling Defendant or any other Person or party, against a Releasee, or by a Releasee against any Non-Settling Defendant, are barred, prohibited and enjoined in accordance with the terms of this Section 8 ;
(b) if the BC Court or the Ontario Court, as applicable, ultimately determine that there is a right of contribution and indemnity among the Defendants, the BC Plaintiffs or the Ontario Plaintiffs and the BC Settlement Class Members or the Ontario Settlement Class Members shall not be entitled to claim or recover from the Non-Settling Defendants and/or named or unnamed co-conspirators who are not Releasees that portion of any damages (including punitive damages, if any), restitutionary award, disgorgement of profits, interest and costs (including investigative costs claimed pursuant to s. 36 of the Competition Act) that corresponds to the Proportionate Liability of the Releasees proven at trial or otherwise, in respect of the relevant Proceeding or otherwise, and the relevant Court shall have full authority to determine the Proportionate Liability of the Releasees at trial or other disposition of the relevant Proceeding, whether or not the Releasees appear at trial or other disposition, and the Proportionate Liability of the Releasees shall be determined as if the Releasees are parties to the Proceeding and any determination by the relevant Court in respect of the Proportionate Liability of the Releasees shall only apply in the relevant Proceeding and shall not be binding on the Releasees in any other proceedings;
(c) a Non-Settling Defendant may, on motion to the relevant Court, on at least sixty (60) days notice to Counsel for the Settling Defendants, and not to be brought unless and until the relevant Proceeding against the Non-Settling Defendants has been certif...
