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Final Award (Costs)

I. BACKGROUND

1.
The Arbitral Tribunal issued a partial final award dated 13 March 2019 (First Award). The Arbitral Tribunal issued an Award (Interest) dated 5 April 2019 and an Award (Interest Correction) dated 22 May 2019 (collectively, Corrected Interest Award). In this award we use the same defined terms as were used in the First Award and the Corrected Interest Award.
2.
By the First Award and the Corrected Interest Award the Arbitral Tribunal expressly reserved its jurisdiction to decide all matters relating to costs.
3.
By email communications dated 11 June 2019 counsel for the Pacer Parties and the Sellers advised the Arbitral Tribunal that they had reached agreement on all matter relating to costs, and asked the Arbitral Tribunal to record the agreed terms in an award.

II. AWARD

5.
For the reasons stated above and in the First Award, the award of the Arbitral Tribunal is as follows:

(a) By agreement of the parties, the Arbitral Tribunal declares that the Sellers must indemnify Pacer for the sum of CAD $15,000,000 for the "costs of investigation, defense and enforcement" of the SPA;

(b) In addition to the amounts stated to be payable in the First Award dated and the Corrected Interest Award, of the total Costs Award of CAD $15,000,000:

i. Pelletier and Pelletier Holdings are jointly and severally liable to pay to Pacer the sum of CAD $15,000,000;

ii. Taylor and Resman are severally liable to pay to Pacer the sum of ($15,000,000 x 39.68%) = CAD $5,952,000; and

iii. Simpson and 592 are severally liable to pay to Pacer the sum of ($15,000,000 x 13.23%) = CAD $1,984,500.

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