The Notice was mailed pursuant to Orders by the Courts. You received this Notice because our records indicate that you may be a member of the Class. If you are a tenant or occupant of a building at the address this Notice was sent, please read it and ensure that a copy of the Notice is also provided to the landlord or owner of the building. This Notice summarizes:

• What the lawsuits are about.
• Your legal rights.
• What the benefits and consequences of this Settlement are for eligible recipients.

The lawsuits arise from allegedly defective Kitec Systems manufactured or distributed by or on behalf of the IPEX Defendants, and installed within buildings, residences, homes, and other structures in various places in the United States and Canada. Plaintiffs who brought the lawsuits and who seek to represent the Class are property owners in the United States and Canada with buildings, residences, homes, or other structures that contain or contained the Kitec System. Plaintiffs who originally brought the lawsuits allege that the Kitec System is or may be defective because it could prematurely fail resulting in leaks or damage to the structure. The Class Actions seek money damages together with attorneys' fees and costs of suit from the IPEX Defendants on behalf of all Class Members. The Class Actions do not seek any damages for personal injury, and the Settlement does not affect claims for such damages. Proceeds from the Settlement, after attorneys' fees and costs have been paid, will be used for the benefit of Class Members under Court supervision.

The Settlement creates a one hundred and twenty five million U.S. dollar (US$125,000,000) Settlement Fund (less attorneys’ fees and costs set forth below) to be used for the benefit of the Class to pay for the repair of buildings, residences, homes or other structures plumbed with the Kitec System. Any money paid from the Settlement Fund to members of the Settlement Classes will be paid in the class member’s local currency. The Plan of Allocation describes the amounts and conditions of the benefits to the Class. NOTE: To be eligible to receive any money from the Settlement Fund, you must complete and submit the Claims Form accompanying the Notice available on the Case Documents page. The claim filing deadline is January 9, 2020. After the Claims Deadline, any funds remaining in the Settlement Fund after all payments to those Class Members filing proper Claim Forms, will be returned to the IPEX Funding Entities. Claims made after the Claims Deadline will be rejected.

In a class action lawsuit, one or more people called "representative plaintiffs" sue on behalf of other people who are similarly situated. This group of people together is referred to as the "class" or "class members". One court decides all the issues in the lawsuit for all class members, except for those who exclude themselves from the class.

In the United States, the judge hearing the class action lawsuit is the Honorable Royal Furgeson. The named Representative Plaintiffs in the Multidistrict Litigation Proceedings (IN RE KITEC PLUMBING SYSTEM PRODUCTS LIABILITY LITIGATION, Case No. 09-md-2098 (N.D. Tex.)) are: Melvin Burns, Thomas Olsen, Eugene A. Ehler, Larry Ward, Frank Cordes, Shivanii Singh, John Fliss, Kelly Moysh, James Eddins, Gil Oetting, Cecil Oetting, Robert M. Nelson, Ulrich Waldburger, Jean M. Waldburger, Kevin Lykens, Jeffrey Eisenman, Todd Covington, Theresa J. Bryant, Mindi Campbell, Trent Campbell, Ardy Johnson, Anessa Johnson, Jonnie M. Bryant, Thomas S. Brashier, Richard Clark, Patrice Clark, Rebecca Steiner, William Burns, Lily Burns, Steven Cassano, Nathaniel Hillary, and Sarah Hoehn.

In Ontario, the judge hearing the class action lawsuit on behalf of the Canadian National Class is Justice Terrence Patterson. The named Representative Plaintiffs in the Ontario proceeding (Rosati et al. v. IPEX USA LLC and IPEX Inc., Case No. CV-09-13459 (Ont. SJC)) are: Nicholas Rosati and Anthony Bellissimo.

In the Province of Quebec, the judge hearing the class action lawsuit is Justice Jean-Francois Émond. The Representative Plaintiffs in the Quebec proceeding (Cooke et al. v. Ipex Inc., Case No. 200-06-000121-098 (Sup.Ct., Dist. of Québec)) are: Stéphanie Morrissette and Coopérative d'habitation Lézarts.

The Settlement includes all persons who are in the Classes described on the Home Page who have not previously opted-out of the Class Action. The Settlement seeks to resolve all past, present and future, known and unknown, direct or contingent Class claims against the IPEX Defendants and related entities, which include IPEX Inc., IPEX USA Inc. and IPEX USA LLC, IPEX’s sales agents, wholesalers, distributors, builders, suppliers and any other third parties involved with the Kitec System (collectively, the “Released Parties”). However, the Settlement does not affect Class Member claims for personal injury or certain specific claims against builders or plumbers due to the following specific installation failures: (1) a penetration of the pipe from a foreign object such as a nail; (2) improper attachment of the pipe fittings to plumbing fixtures or appliances; (3) improper stress on the Kitec System due to improper installation of pipe in framing members; (4) leaks at fittings due to a plumber-supplied malfunctioning pressure reducing valve not manufactured or sold by the IPEX Defendants and not part of the Kitec System; (5) leaks at fittings to plumbing fixtures interface due to age of fixture sealant components supplied or provided by a plumber; and (6) any similar installation issue wholly unrelated to the design, manufacture, or performance of the Kitec System.

The Courts have not decided in favor of the Class or the IPEX Defendants. The IPEX Defendants deny any fault, wrongdoing, illegal conduct, or liability whatsoever on their part, and have asserted numerous affirmative defenses to the facts and causes of action alleged in the U.S. and Canadian actions. The IPEX Defendants also deny any and all allegations of fault, wrongdoing, or liability made by any of the plaintiffs in other actions against them. Both sides, however, have agreed to a settlement in order to avoid the risks and costs associated with trial. Class Counsel believes that the amount paid in this Settlement reflects an evaluation of the claims and potential recovery, considering the facts as known to Class Counsel after careful investigation over many years, the likelihood of prevailing at trial, and the likelihood that the litigation, if not settled now, would be further protracted, involve complex issues of fact and law, extra large costs and expenses, and the risk the Class could lose at trial.

The Kitec pipe is typically blue in color for cold water applications and orange in color for hot water applications. The pipe is usually marked with one of the following brand names; Kitec, PlumbBetter, IPEX AQUA, WarmRite, Kitec XPA, AmbioComfort, XPA, KERR Controls or Plomberie Améliorée. Where the fittings are visible look for the words Kitec or KTC on them. The terms CSA B137.9/10 or ATSM F1974 could also indicate that you have a Kitec system. Often, the best places to look for the Kitec system is near the hot water tank or in the mechanical room where the pipe is connected to or exits the walls. Also look under kitchen sinks or bathroom vanities, where the pipe and/or fitting exits the wall.

Samples of the Kitec pipe and fittings can be viewed here.

The United States District Court for the Northern District of Texas has entered an order concerning the organization of counsel and the case and appointed the below listed attorneys to represent all members of the Class in this case. Together, these attorneys are called Class Counsel. You will not be individually billed or charged for these lawyers. If you have any question regarding the Settlement, then you should contact Class Counsel to discuss your concerns. The names and addresses of Class Counsel are as follows:

Attorneys' fees in the amount of U.S. $25,000,000.00 have been approved by the Courts. The award of attorneys’ fees and expenses from the Courts is to be paid out of the Settlement Funds.

You may obtain specific details about the Settlement itself by contacting Class Counsel at the addresses listed above or by viewing the Settlement on the Case Documents page. You can also review and copy legal documents in the class actions, including all Settlement documents, during regular office hours at the office of the United States District Court for the Northern District of Texas, Clerk’s Office, Room 1452, 1100 Commerce Street, Dallas, TX 75242, or the office of the Ontario Superior Court of Justice, Windsor Courthouse, 245 Windsor Avenue, Windsor, ON N9A 1J2, or the Office of the Clerk of the Superior Court of Québec, District of Québec, Palais de Justice, 300, boul. Jean-Lesage, Québec QC G1K 8K6.