LifeLock 2015 Annual Report Download - page 206

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 48 of 289
Court in writing that it is exercising such option within ten (10) days after being notified in writing by the Settlement Administrator
that the number of Class Members who have timely requested exclusion exceeds two percent (2%) of the total number of Class
Members to whom the Summary Notice was sent via email or mail.
114. The Parties expressly agree that in the event of any of the following conditions:
A. the Court does not grant the Plaintiffs’ motion for leave to file the SAC;
B. The Court does not preliminarily approve the Settlement:
C. The Court does not enter the Final Approval Order;
D. Either Party exercises its right to withdraw from and terminate the Settlement pursuant to paragraph 112;
E. LifeLock withdraws from and terminates the Settlement pursuant to paragraph 113 of this Settlement
Agreement; or
F. This Settlement does not become final for any reason including on subsequent review by any appellate court(s)
in the Action, the Court ultimately rejects, modifies, or denies approval of any portion of this Settlement Agreement that either
Plaintiffs or LifeLock reasonably determines is material, including, without limitation, the terms of relief, the provisions relating to
notice, the definition of the Class, and/or the terms of the Release;
then Plaintiffs and LifeLock each has the right to withdraw from and terminate this Agreement. Notwithstanding the foregoing,
neither the denial of, an appeal of, a modification of, nor a reversal on appeal of any Attorneys’ Fees and Expenses Award or any
Service Award shall constitute grounds for cancellation or termination of this Settlement Agreement.
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