LifeLock 2015 Annual Report Download - page 256

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 98 of 289
does not become final, pursuant to the terms of the Settlement; (b) the Settlement is terminated in accordance with the Settlement; or (c) the Settlement does
not become effective pursuant to the terms of the Settlement for any other reason. In any such case, any amounts transferred into the Settlement Fund from the
Court’s Registry in the FTC Action pursuant to paragraph 57 of the Settlement shall be returned, with any interest accrued thereon, to the Court’s Registry in
the FTC Action.
35. If the Settlement does not become final and effective pursuant to the terms of the Settlement, the Class Representatives, the Class Members, and
LifeLock shall be returned to their respective statuses as of the date immediately prior to the execution of the Settlement, and this Preliminary Approval Order
shall have no force or effect, and neither this Preliminary Approval Order nor the Settlement shall be construed or used as an admission, concession, or
declaration by or against LifeLock of any fault, wrongdoing, breach, or liability, or be construed or used as an admission, concession, or declaration by or
against any of the Plaintiffs or Class Members that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver
by any party of any defenses or claims he, she, or it may have in this Action or in any other lawsuit, and neither shall be admissible in evidence or usable for
any purpose whatsoever in the Action, any proceeding between the Parties, or in any action related to the Released Claims or otherwise involving the Parties,
Class Members, the Federal Trade Commission, any State Attorney General, or any Released Party.
36. Pending the final determination of whether the Settlement should be approved, all proceedings in this Action, except as may be necessary to
implement the Settlement or comply with the terms of the Settlement, are hereby stayed.
37. Pending the final determination of whether the Settlement should be approved, Plaintiffs and each Class Member, and any person purportedly
acting on behalf of any Class Member(s), are hereby enjoined from commencing, pursuing, maintaining, enforcing or prosecuting, either directly or
indirectly, any Released Claims in any judicial, administrative, arbitral or other forum, against any of the Released Parties, provided that this injunction shall
not apply to the claims of any Class Members who have timely and validly requested to be excluded from the Class. Such injunction shall remain in force
until Final Settlement Date or until such
- 8 - [PROPOSED] ORDER GRANTING PRELIMINARY
1275528.4 APPROVAL OF CLASS SETTLEMENT
CASE NO. 3:15-CV-258-HSG