LifeLock 2015 Annual Report Download - page 205

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 47 of 289
approval by the Court if such changes are consistent with the Court’s Preliminary Approval Order or its Final Approval Order and
Final Judgment and do not limit or adversely affect the rights of Class Members under this Settlement Agreement.
112. If the Court indicates, prior to Preliminary Approval or Final Approval, that the Settlement will not be approved
unless certain changes are made, the Parties will attempt in good faith to reach an agreement as to any such changes prior to
withdrawing from this Settlement Agreement. However, if no such agreement can be reached within thirty (30) days after the Court
indicates that the Settlement will not be approved unless certain changes are made, then the Plaintiffs or LifeLock may terminate and
withdraw from this Settlement Agreement. If this Settlement Agreement is terminated under such circumstances, the Plaintiffs,
LifeLock, and the Class Members shall be deemed to be in the same position as existed prior to its execution, with the same status quo
ante rights and interests as they may have had absent the execution of this Settlement Agreement and any and all understandings and
agreements between the Parties and their respective counsel relating to the Settlement shall be deemed to be null and void and of no
force and effect. Upon termination under this paragraph of this Settlement Agreement, the Parties shall jointly notify the Court of the
need to set a schedule for LifeLock’s anticipated motion to dismiss the FAC and Plaintiffs shall notify the Court of the withdrawal of
the SAC consistent with paragraph 54 of this Settlement Agreement.
XVI. 
113. If more than two percent (2%) of the total number of Class Members to whom Summary Notice was mailed or
emailed request to exclude themselves from the Settlement, LifeLock shall have the option, at its sole discretion, of terminating and
withdrawing from the Settlement in its entirety; provided, however, that LifeLock must notify Class Counsel and the
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