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STIPULATION OF SETTLEMENT
CASE NO. 5:18-MD-02827-EJD
actions, demands, causes of action, suits, debts, obligations, damages, rights and liabilities, that were
brought, could have been brought, or are related to the same facts underlying the claims asserted in the
Actions regarding the iPhone devices at issue, known or unknown, recognized now or hereafter,
existing or preexisting, expected or unexpected, pursuant to any theory of recovery (including, but not
limited to, those based in contract or tort, common law or equity, federal, state, territorial, or local law,
statute, ordinance, or regulation), against the Released Parties, for any type of relief that can be released
as a matter of law, including, without limitation, claims for monetary relief, damages (whether
compensatory, consequential, punitive, exemplary, liquidated, and/or statutory), costs, penalties,
interest, attorneys’ fees, litigation costs, restitution, or equitable relief. Accordingly, the Settlement
shall terminate the MDL Action. Notwithstanding the foregoing, the release shall not include any
claims relating to the continued enforcement of the Settlement or the Protective Orders.
10.2 As of the Effective Date, the Named Plaintiffs (including the non-U.S. Named
Plaintiffs) and their respective heirs, executors, administrators, representatives, agents, partners,
successors, and assigns shall have fully, finally, and forever released, relinquished, and discharged any
and all past, present, and future claims, actions, demands, causes of action, suits, debts, obligations,
damages, rights and liabilities, that were brought, could have been brought, or are related to the same
facts underlying the claims asserted in the Actions regarding the iPhone devices at issue, known or
unknown, recognized now or hereafter, existing or preexisting, expected or unexpected, pursuant to
any theory of recovery (including, but not limited to, those based in contract or tort, common law or
equity, federal, state, territorial, or local law, statute, ordinance, or regulation), against the Released
Parties, for any type of relief that can be released as a matter of law, including, without limitation,
claims for monetary relief, damages (whether compensatory, consequential, punitive, exemplary,
liquidated, and/or statutory), costs, penalties, interest, attorneys’ fees, litigation costs, restitution, or
equitable relief. Class Counsel and non-U.S. Named Plaintiffs hereby represent and warrant that the
non-U.S. Named Plaintiffs have the capacity to execute such a release under the applicable laws of
their respective jurisdictions. Notwithstanding the foregoing, the release shall not include any claims
relating to the continued enforcement of the Settlement or the Protective Orders.
10.3 As of the Effective Date, Apple shall have fully, finally, and forever released,
Case 5:18-md-02827-EJD Document 416 Filed 02/28/20 Page 22 of 161