Defined Terms - kitecsettlement.com

1 IN RE: KITEC PLUMBING SYSTEM PRODUCTS LIABILITY LITIGATIONAND RELATED CANADIAN ACTIONSCLASS action settlement AND release AGREEMENTThe Plaintiffs, who are acting as the class Representatives on behalf of themselves and all other settlement class Members of the settlement Classes set forth herein, and IPEX Inc. and IPEX USA LLC, on behalf of the IPEX Defendants, stipulate and agree, pursuant to the Terms and conditions set forth in this agreement , to settle, dismiss, and compromise fully and finally the Kitec MDL class action and the Canadian TermsAs used in this agreement , the notices and other documents contemplated by this agreement , and any amendments thereto, the following Terms shall have the meanings set forth below.

2 Terms used in the singular shall be deemed to include the plural and vice versa. 1. agreement shall mean this class action settlement and release agreement , including the notices and other documents contemplated by this agreement , and any amendments Canadian Actions shall mean the putative class action lawsuits pending in the following provinces under the following captions:a. In Ontario, Rosati et al v. IPEX Inc. et al, Ontario Superior Court of Justice Court File No. CV-09-13459 (the Ontario action );b. In Quebec, the proceedings commenced by motion to obtain authorization to exercise a class action and to obtain the status of representative under the style of 2cause Cooke v.

3 IPEX Inc., Quebec Superior Court File No. 200-06-000121-098 (the Quebec action );c. In British Columbia, Gish v. IPEX Inc. et al, Superior Court of British Columbia Court File No. S-105760 (the BC action );d. In Alberta, 1143764 Alberta Ltd. as The Flamingo Inn v. IPEX Inc. et al, Court of Queen s Bench of Alberta Court File No. 1001-02779 (the Alberta action ).3. Canadian class Representatives shall mean those putative class representatives known as Nicholas Rosati, Anthony Bellissimo, Karen Cooke, Terry Cooke, Coop rative d habitation L zarts, St phanie Morrissette, Graeme Gish, and 1143764 Alberta Ltd.

4 As The Flamingo Inn who are, collectively, the named Plaintiffs in the Canadian Actions, individually and on behalf of all settlement class Members. class Counsel reserves the right to include additional qualifying class Representatives prior to final approval of the Canada Classes shall include the Canadian National class (as Defined in paragraph 55) and the Quebec class (as Defined in paragraph 55) and may include an Alberta class and a BC class (as Defined in paragraph 56), which together shall include and mean:All Persons that own, have owned, lease, or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned or lease or have leased, buildings, homes, residences, or any 3other structures located in Canada that contain or have ever contained Kitec Systems manufactured and/or sold by the IPEX Defendants.

5 For purposes of this definition, individuals and entities shall include any and all of the individuals or entities spouses, joint owners, heirs, executors, administrators, insurers, mortgagees, tenants, creditors, lenders, predecessors, successors, subsequent owners or occupants, trusts and trustees, attorneys, agents, and assigns and all persons who are entitled to assert a claim on behalf Claimant shall mean a settlement class Member tendering a Claims Form under the Terms of this Claims Administrator shall mean the person appointed by the Courts to administer the Claims Process as provided for in paragraph Claims Deadline shall mean the definitive date set by the Court for a settlement class Member to file a Claims Form and which shall not exceed eight (8)

6 Years from the Effective Claims Form shall mean the official form approved by the Courts for use by the settlement class Members in making Claims Period shall mean the period of time set by the applicable Courts for settlement class Members to receive payment on claims up to a maximum of eight (8) years from the Effective Claims Process shall mean the process approved by the Courts as contemplated in paragraphs Clark County class shall mean members of the settlement class approved by the Clark County, Nevada District Court executed on October 16, class Counsel shall mean the court-approved law firms previously appointed Lead Counsel by the Court overseeing the MDL proceeding in the United States and the Canadian counsel from the firms Siskinds, and Sutts, Strosberg, For purposes of this agreement .

7 To the extent the duties of class Counsel are enumerated, class Counsel in the United States and Canada, respectively, shall only be obligated to act as counsel in their respective jurisdictions and counsel shall not act as counsel for the Canada Classes and Canadian counsel shall not act as counsel for the Commercial Structure, Unit of High Rise Residential Property, Unit of Hospital or Hotel Property, Unit of Other Residential Property, and Unit of Residential Property shall have the meanings ascribed to them in paragraph Complaints means the formal legal pleadings filed by Plaintiffs in the Kitec MDL class Counsel for the IPEX Defendants shall mean Richard Josephson and Van Beckwith of Baker Botts, LLP and Benjamin Zarnett and Jessica Kimmel of Goodmans Courts shall mean the Court in which the Kitec MDL class action is pending and the Courts in which the Canadian Actions are pending.

8 17. Effective Date shall have the meaning ascribed to it in paragraph Excluded Persons shall have the meaning ascribed to it in paragraph Final Orders and Judgments shall mean the final Orders and Judgments of the applicable Courts approving the settlement provided for in this agreement to be sought jointly by the Settling Parties sequentially, first in the United States District Court for the Northern District of Texas, Dallas Division, next in the Ontario Superior Court of Justice and thereafter in the Superior Court of Quebec, followed by any other Canadian Courts in which the Canadian Actions have not been discontinued as contemplated by paragraph Formal Fairness Hearings shall mean the hearings conducted by the Courts in connection with the determination of the fairness, adequacy, and reasonableness of this agreement under Rule 23 of the Federal Rules of Civil Procedure, section 29(2) of the class Proceedings Act, 1992, 1992, c.

9 6, and article 1025 of the Quebec Code of Civil Procedure (and corresponding provisions of the class action legislation in British Columbia and Alberta if a BC class and/or an Alberta class is certified) for the approval of the settlement provided for in this agreement (also sometimes referred to as the Canadian Approval Hearings or settlement Approval Hearings ). The date of the 6 Formal Fairness Hearings shall be set by the Courts that make the Preliminary Approval Orders and communicated to the settlement class Members in the Court-approved settlement Inspectors shall mean those Persons retained in accordance with paragraph IPEX Defendants shall mean IPEX Inc.

10 , IPEX USA LLC and its predecessor IPEX USA Inc., and IPEX Distribution IPEX Funding Entities shall mean IPEX Inc. and IPEX USA LLC and their respective insurers. 24. Kitec System shall mean all of, whether as components, individual parts, or as a system, PEX-AL-PEX, PE-AL-PE, PERT-AL-PERT, PEX pipe, valves, fittings, and/or components, manufactured by or on behalf of the IPEX Defendants whether sold under the names Kitec, PlumbBetter, IPEX AQUA, WarmRite, Kitec XPA, AmbioComfort, XPA, KERR Controls, Plomberie Am lior e, or Notice Plan shall have the meaning ascribed to it in paragraphs Objection Deadline shall mean the date set by the applicable Courts for all settlement class Members and any Person desiring to object and be heard at the Formal Fairness Hearings to deliver written notice of his, her, or its intent to object (1) for United States class members, to the MDL clerk of the United States District Court and all counsel and (2)