LifeLock 2015 Annual Report Download - page 207

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 49 of 289
115. Any Party exercising its right to terminate and withdraw must exercise this option as provided under paragraph 114
above by a signed writing served on the other Parties no later than twenty-one (21) days after receiving notice of the event prompting
the termination.
116. The Parties recognize that the Payment Date may occur prior to the resolution of any potential appeal and agree that,
in the event that an appeal occurs, then upon the completion of an appeal with no impact on the finality of this Settlement Agreement,
the Release shall apply nunc pro tunc. Nothing herein shall limit Lifelock’s rights to assert any legal or equitable defense to any claim
by a Class Member if this Settlement does not become final for any reason related to a subsequent review by any appellate court(s) in
the Action, as set forth in paragraph 114.
117. In the event that a terminating party exercises its option to withdraw from and terminate this Settlement Agreement
pursuant to paragraph 114:
A. This Settlement Agreement and the Settlement proposed herein shall be null and void and shall have no force
or effect and no party to this Settlement Agreement shall be bound by any of its terms, except for the terms of paragraph 54, 56, and
this paragraph 117 of the Settlement Agreement or as otherwise specifically provided for herein;
B. The Parties will petition to have any stay orders that are entered pursuant to this Settlement Agreement lifted;
C. This Settlement Agreement and all of its provisions, and all negotiations, statements, and proceedings relating
to it, shall be without prejudice to the rights of LifeLock, Plaintiffs, or any Class Member, all of whom shall be restored to their
respective positions existing immediately before the execution of this Settlement Agreement, except that the Parties
36