OF EFFECTUATING THIS SETTLEMENT.
12.2
NOTICE ORDER.
THE NOTICE ORDER IN EACH OF THE CALIFORNIA CLASS AND
EGGER CLASS CASES WILL REQUEST, INTER ALIA:
12.2.1
CLASS CERTIFICATION.
CERTIFICATION OF THE PERTINENT CLASS FOR
SETTLEMENT PURPOSES ONLY;
12.2.2
PRELIMINARY APPROVAL.
PRELIMINARY APPROVAL OF THE SETTLEMENT SET
FORTH IN THIS AGREEMENT; AND
46
12.2.3
CLASS NOTICE.
APPROVAL OF THE FORM AND METHOD OF SETTLEMENT NOTICE
OR NOTICES, AGREED TO BY RELIANT AND CLASS COUNSEL, WHICH NOTICE SHALL SET FORTH
THE GENERAL TERMS OF THE SETTLEMENT SET FORTH IN THIS AGREEMENT AND THE DATE OF
THE SETTLEMENT HEARING AS DESCRIBED BELOW.
THE COSTS OF CLASS NOTICE REGARDING
RELIANT'S SETTLEMENT WITH THE CLASS ACTION PARTIES SHALL BE PAID 50% BY THE
CLASS ACTION PARTIES AND 50% BY RELIANT.
12.3
SETTLEMENT HEARING.
CALIFORNIA AND EGGER CLASS COUNSEL SHALL EACH
REQUEST THAT AFTER NOTICE IS GIVEN, THE COURT(S) HOLD HEARING(S) (THE
"SETTLEMENT HEARINGS") IN WHICH THE SETTLEMENT WITH THE APPLICABLE OF CLASSES AS
SET FORTH HEREIN SHALL BE APPROVED AS FAIR, ADEQUATE AND REASONABLE, AND ENTER
FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE PURSUANT TO THE SETTLEMENT AS TO
RELIANT.
THE JUDGMENT OF DISMISSAL SHALL CONFIRM THE PARTIES' AGREEMENT THAT
THE APPROVING COURT(S) RETAIN JURISDICTION UNDER CALIFORNIA CODE OF CIVIL
PROCEDURE § 664.6 TO ENFORCE THE TERMS OF THE AGREEMENT THAT APPLY TO RELIANT
AND THE CLASS ACTION PARTIES.
12.4
REQUESTS FOR EXCLUSION.
IF PRIOR TO THE SETTLEMENT HEARING IN
EITHER OR BOTH OF THE CALIFORNIA AND EGGER CLASS ACTIONS, PERSONS WHO OTHERWISE
WOULD BE MEMBERS OF EITHER CLASS HAVE TIMELY REQUESTED EXCLUSION ("REQUESTS FOR
EXCLUSION") FROM THEIR RESPECTIVE CLASS IN ACCORDANCE WITH THE PROVISIONS OF THE
APPLICABLE NOTICE ORDER AND THE NOTICE GIVEN PURSUANT THERETO, AND SUCH PERSONS
IN EITHER CLASS IN THE AGGREGATE REPRESENT CLAIMS IN AN AMOUNT GREATER THAN THAT
ACCEPTABLE TO RELIANT, THEN RELIANT SHALL HAVE, IN ITS SOLE AND ABSOLUTE
DISCRETION, THE OPTION TO TERMINATE THIS AGREEMENT AS TO THAT CLASS.
COPIES OF
ALL REQUESTS FOR EXCLUSION RECEIVED, TOGETHER WITH COPIES OF ALL WRITTEN
REVOCATIONS OF REQUESTS FOR EXCLUSION RECEIVED SHALL BE DELIVERED TO RELIANT'S
COUNSEL WITHIN SEVEN (7) BUSINESS DAYS BEFORE THE APPLICABLE SETTLEMENT
HEARING.
TERMINATION BY RELIANT UNDER THIS SECTION 12.4 SHALL IN NO MANNER
AFFECT RELIANT SETTLEMENT WITH THE CALIFORNIA PARTIES, THE ADDITIONAL CLAIMANTS
PARTIES AND ANY OPT-IN PARTICIPANT.
12.5
NO SOLICITATION.
CALIFORNIA AND EGGER CLASS COUNSEL WILL NEITHER
SOLICIT NOR ENCOURAGE MEMBERS OF EITHER CLASS TO REQUEST EXCLUSION.
12.6
SETTLEMENT CLASS CERTIFICATION.
SOLELY FOR THE PURPOSES OF THE
SETTLEMENT OF THE CALIFORNIA AND EGGER CASES, THE RELIANT PARTIES AND THE
CALIFORNIA AND EGGER CLASSES AGREE TO THE CERTIFICATION OF THE CALIFORNIA AND
EGGER CLASSES AS DEFINED ABOVE; AND CLASS COUNSEL AND RELIANT AGREE TO REQUEST
JOINTLY THAT THE COURT IN EACH CASE ENTER AN ORDER, WHICH, AMONG OTHER THINGS,
CERTIFIES THE APPLICABLE CLASS.
IN THE EVENT THAT THIS AGREEMENT IS NOT FINALLY
APPROVED, OR IS TERMINATED, CANCELED, OR FAILS TO BECOME EFFECTIVE FOR ANY
REASON, ANY CLASS CERTIFICATION, SOLELY FOR THE PURPOSE OF THE SETTLEMENT OF THE