Retained claims in class action.

Notwithstanding paragraph _________[number of the general release paragraph] below:

(a). Individual members of the Class and their survivors shall retain the right to bring individual claims for compensatory damages against the Settling Defendants only (but not against the Other Defendants or any other person or entity) based upon any theory of liability other than for _________[describe theories, e.g., fraud, misrepresentation, conspiracy to commit fraud or misrepresentation, RICO, suppression, concealment or any other alleged willful or intentional conduct] (the "Retained Claims").  Any lawsuit based on a Retained Claim may seek compensatory damages only; the Class on behalf of its individual members hereby waives any and all claims seeking punitive and exemplary damages based on any Released or Retained Claims.

(b). With respect to the Retained Claims, individual members of the Class and their survivors shall be entitled to proceed in _________ County through the filing of individual actions based on Retained Claims as defined in sub-paragraph (a) within the later period of the following: (i) any applicable statute of limitations; or (ii) one year from the date of final approval of this Settlement. Every member of the Class shall have a minimum of one year from final approval of the Settlement to file an individual action, even where the action would otherwise be barred under the applicable statute of limitations.

(c). With respect to any action asserting Retained Claims, the Settling Defendants agree that venue shall lie wherever venue is proper. The Settling Defendants also agree that venue shall be proper in the _________ Judicial Circuit, _________ County, _________[state]. The Settling Defendants agree that they will not seek removal to federal court of any lawsuit brought solely by a member of the Class in the _________ Judicial Circuit, _________ County, _________[state] based upon, and limited to, the Retained Claims. The Settling Defendants further agree that _________[state] substantive law (without regard to its choice of law or conflict of laws principles) shall apply in any such lawsuit brought with respect to Retained Claims in the aforesaid _________ state court.

(d). With respect to any Retained Claims seeking damages on account of _________[describe basis, e.g., lung cancer, chronic bronchitis, emphysema, chronic obstructive pulmonary disease, or chronic sinusitis], brought by a member of the Class or his or her survivor, the burden of proof as to whether _________[indicate product or its byproducts, e.g., Environmental Tobacco Smoke ("ETS")] can cause one of the above-described diseases ("general causation") shall be borne by the Settling Defendants and the Jury shall be so instructed; in all other respects, including the issue of whether an individual plaintiff's disease was caused by _________[indicate product or its byproducts] ("specific causation"), the ordinary burdens of proof applicable to any Retained Claims shall remain unaltered. In addition, the altered burden of proof provided herein with respect to general causation shall in no way affect the ability of the Settling Defendants to introduce any evidence or argument as to general causation, specific causation, or alternative causation, or to introduce any evidence or argument which the Settling Defendants would otherwise be entitled to present, at any future trial in which Retained Claims are brought. The Settling Defendants' agreement to alter the burden of proof as provided herein is not an admission of any sort, and shall not be construed, now or at any future trial or proceeding, as an admission of causation or any other fact or legal contention;

(e). With respect to any future action by a member of the Class or survivor against any or all of the Settling defendants based only upon Retained Claims, any evidence presented to the jury in the present trial (which commenced _________[date]) through witnesses at said trial shall be useable in any such action by any part, subject to all objections by any party, as if it were presented through the live testimony of such witnesses in that action. Except to the extent provided herein, all objections to such evidence, whether raised in the present trial , shall be reserved, and this Settlement Agreement shall in no way affect the determination of the relevance or admissibility of such evidence; Settling Defendants shall make available to any class member who files suit asserting a Retained Claim, at Settling Defendants' expense, a copy of the video testimony of the _________ trial;