Future Royalties – Same as Fed Clause Samples

Future Royalties – Same as Fed. ▇▇▇▇▇▇▇▇▇▇ is considering whether, after the end of the Class Period and on a going forward basis, to implement a change to calculating and paying royalties and overriding royalties to Class Members based on the Same as Fed methodology. Any decision whether or not to implement a Same as Fed or any other methodology on a going forward basis is within the sole discretion of Burlington and the Section 29 entities, as the case may be, and shall not provide a basis for any Class Member to make a claim against the Burlington Released Parties under this Settlement Agreement. The Class Members and the Class Representatives shall not be bound in any way by the decision of the Burlington Released Parties and do not waive or release any rights, claims or causes of action as to how the Burlington Released Parties calculate or pay royalties after the expiration of the Class Period. The Parties agree that any claim regarding payments occurring after the Class Period (other than payments from the Settlement Amount regarding the Released Claims) shall be a new claim that is not subject to the terms and conditions of this Settlement Agreement, including without limitation, the provisions of Section 9.3 of this Settlement Agreement.