Common use of Additional Obligations of the Parties Clause in Contracts

Additional Obligations of the Parties. 10.1 Plaintiffs, BBUSA and their respective counsel each represents and warrants that, as applicable: 10.1.1 Plaintiffs, Class Counsel and BBUSA have not been notified of any pending lawsuit, claim or legal action relating to the Products other than the Class Action; 10.1.2 Plaintiffs, Class Counsel and BBUSA have not been notified of any lawsuit, claim or legal action against BBUSA relating to the labeling of the Products brought or made by or on behalf of any person and/or entity who is not a Class Member; 10.1.3 Class Counsel and BBUSA have exercised all reasonable due diligence in ascertaining that their representations in this Settlement Agreement are true and accurate and that Class Counsel and BBUSA shall have, until the Settlement Effective Date, a continuing obligation to ensure that their representations are accurate; 10.1.4 Class Counsel and BBUSA shall notify each other within a reasonable time after learning that any of the representations in this Settlement Agreement are or become inaccurate. 10.2 Class Counsel further covenants, represents and warrants to BBUSA that: 10.2.1 Prior to the Final Approval Hearing, Class Counsel shall have explained to Plaintiffs the terms and effect of this Settlement Agreement; 10.2.2 Class Counsel has not made and will not make any undisclosed payment or promise to Plaintiffs or any other class representative; 10.2.3 Class Counsel has read and reviewed the Settlement Agreement and believes that the settlement embodied therein is in the best interests of each of its clients; 10.2.4 Class Counsel will strongly recommend to Plaintiffs that they settle their claims under the terms of the Settlement Agreement; and 10.2.5 Plaintiffs as the named plaintiffs have full authority to enter into and execute this Settlement Agreement and all related documents for, and on behalf of and to bind, themselves. 10.3 The Parties shall use their best efforts to conclude the Settlement Agreement and obtain the Final Judgment and Order. The Parties agree that it is essential that the Settlement Agreement be prosecuted to a successful conclusion in accordance with all applicable provisions of law and in the exercise of good faith on the part of the Parties. Inherent in accomplishing this mutual goal is the understanding that the Parties assume mutual obligations to each other to assist and cooperate in the effectuation of the Settlement Agreement in accordance with its terms and all applicable legal requirements. To that end, the Parties are expressly obliged to maintain the integrity and goals of the Settlement Agreement in all further proceedings in the Class Action and to take all appropriate actions to assure the jurisdiction of the Court in this and all subsequent proceedings. The Settlement Agreement is intended to be a final and binding resolution of all liability for the Injunctive Relief Claims, the Individual Claims and the Class Action.

Additional Obligations of the Parties. 10.1 Plaintiffs, BBUSA and their respective counsel each represents and warrants that, as applicable: 10.1.1 Plaintiffs, Class Counsel and BBUSA have not been notified of any pending lawsuit, claim or legal action relating to the Products other than the Class Action; 10.1.2 Plaintiffs, Class Counsel and BBUSA have not been notified of any lawsuit, claim or legal action against BBUSA relating to the labeling of the Products brought or made by or on behalf of any person and/or entity who is not a Class Member; 10.1.3 Class Counsel and BBUSA have exercised all reasonable due diligence in ascertaining that their representations in this Settlement Agreement are true and accurate and that Class Counsel and BBUSA shall have, until the Settlement Effective Date, a continuing obligation to ensure that their representations are accurate; ; 10.1.4 Class Counsel and BBUSA shall notify each other within a reasonable time after learning that any of the representations in this Settlement Agreement are or become inaccurate. . 10.2 Class Counsel further covenants, represents and warrants to BBUSA that: : 10.2.1 Prior to the Final Approval Hearing, Class Counsel shall have explained to Plaintiffs the terms and effect of this Settlement Agreement; ; 10.2.2 Class Counsel has not made and will not make any undisclosed payment or promise to Plaintiffs or any other class representative; ; 10.2.3 Class Counsel has read and reviewed the Settlement Agreement and believes that the settlement embodied therein is in the best interests of each of its clients; ; 10.2.4 Class Counsel will strongly recommend to Plaintiffs that they settle their claims under the terms of the Settlement Agreement; and and 10.2.5 Plaintiffs as the named plaintiffs have full authority to enter into and execute this Settlement Agreement and all related documents for, and on behalf of and to bind, themselves. 10.3 The Parties shall use their best efforts to conclude the Settlement Agreement and obtain the Final Judgment and Order. The Parties agree that it is essential that the Settlement Agreement be prosecuted to a successful conclusion in accordance with all applicable provisions of law and in the exercise of good faith on the part of the Parties. Inherent in accomplishing this mutual goal is the understanding that the Parties assume mutual obligations to each other to assist and cooperate in the effectuation of the Settlement Agreement in accordance with its terms and all applicable legal requirements. To that end, the Parties are expressly obliged to maintain the integrity and goals of the Settlement Agreement in all further proceedings in the Class Action and to take all appropriate actions to assure the jurisdiction of the Court in this and all subsequent proceedings. The Settlement Agreement is intended to be a final and binding resolution of all liability for the Injunctive Relief Claims, the Individual Claims and the Class Action.

Additional Obligations of the Parties. 10.1 Plaintiffs12.1 The PSC covenants, BBUSA and their respective counsel each represents and warrants to BCBSLA, and BCBSLA covenants, represents and warrants to the PSC, that, as applicable: 10.1.1 Plaintiffs, Class Counsel 12.1.1 The PSC and BBUSA BCBSLA have not been notified of any pending lawsuit, claim claim, or legal action relating related to the Products any Benefit Event brought or made by or on behalf of any Class Member other than the Class ActionAction and the MDL; 10.1.2 Plaintiffs, Class Counsel 12.1.2 The PSC and BBUSA BCBSLA have not been notified of any lawsuit, claim claim, or legal action against BBUSA relating BCBSLA or any Released Party related to the labeling of the Products any Benefit Event brought or made by or on behalf of any person and/or entity who is not a Class MemberMember against BCBSLA; 10.1.3 12.1.3 All liens, assigned claims, interventions, subrogation interests and/or claims, and other encumbrances attaching to the proceeds of this settlement, or the interest of any individual Class Counsel Member therein, of which the PSC or BCBSLA have been placed on notice are set forth in Exhibit 5 hereto, and BBUSA as additional liens, assigned claims, interventions, subrogation interests and/or claims, and other encumbrances become known to the PSC and/or BCBSLA, such exhibit shall be supplemented accordingly; and 12.1.4 The PSC and BCBSLA have exercised all reasonable due diligence in ascertaining that their respective representations contained in this Settlement Agreement are true and accurate accurate, and that Class Counsel the PSC and BBUSA BCBSLA shall have, until the Settlement Effective Date, a continuing obligation to ensure that their representations are accurate; 10.1.4 Class Counsel , and BBUSA the PSC and BCBSLA shall notify each other within a reasonable time after learning that any of the representations in this Settlement Agreement are or become inaccurate. 10.2 Class Counsel 12.2 The PSC further covenants, represents and warrants to BBUSA BCBSLA that: 10.2.1 12.2.1 Prior to the Final Approval Hearingfairness hearing, Class Counsel the PSC shall have explained to Plaintiffs the terms and effect of this Settlement AgreementAgreement to the Plaintiffs; 10.2.2 Class Counsel 12.2.2 The PSC has not made and will not make any undisclosed payment or promise to Plaintiffs or any other class representativeClass Representative; 10.2.3 Class Counsel has 12.2.3 The PSC have read and reviewed the Settlement Agreement and believes believe that the settlement embodied therein is in the best interests of each of its clients; 10.2.4 Class Counsel 12.2.4 The PSC will strongly recommend to Plaintiffs each of its clients that they settle their claims under the terms of the Settlement Agreement; and 10.2.5 Plaintiffs as 12.2.5 ▇▇▇▇▇▇ ▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ have full authority to enter into and execute this Settlement Agreement and all related settlement documents for and on behalf of and to bind the PSC, individually and on behalf of the Class and the Plaintiffs. 12.2.6 Each named plaintiffs have Plaintiff has full authority to enter into and execute this Settlement Agreement and all related documents for, and on behalf of and to bind, themselveshim or it. 10.3 12.3 The Parties shall use their best efforts to conclude the Settlement Agreement settlement and obtain the Final Judgment Order and OrderJudgment. The Parties agree that it is essential that the Settlement Agreement this proposed settlement be prosecuted to a successful conclusion in accordance with all applicable provisions of law and in the exercise of good faith on the part of the Parties. Inherent in accomplishing the accomplishment of this mutual goal is the understanding among the Parties that the Parties assume the mutual obligations obligation to each other to assist and cooperate in the effectuation of the Settlement Agreement settlement in accordance with its terms and all applicable legal requirements. To that end, the Parties are expressly obliged to affirmatively support the settlement in the event of appeal, to maintain the integrity and goals of the Settlement Agreement settlement in all further proceedings in the Class Action Action, and to take all appropriate such actions as may be legally proper to assure the jurisdiction of the Court in this and all subsequent proceedings. The Settlement Agreement settlement is intended to be a final and binding resolution of all liability for the Injunctive Relief Claims, the Individual Claims and the Class ActionLiability.

Additional Obligations of the Parties. 10.1 Plaintiffs14.1 ▇▇▇▇▇▇▇▇▇▇▇, BBUSA ▇▇▇▇▇▇▇▇▇ and their respective counsel each represents and warrants to the other that, as applicable: 10.1.1 Plaintiffs, 14.1.1 Class Counsel and BBUSA ▇▇▇▇▇▇▇▇▇ have not been notified of any pending lawsuit, claim claim, or legal action relating related to the Products sale of any of the Products, brought or made by or on behalf of any putative Class Member other than the Class Action; 10.1.2 Plaintiffs, 14.1.2 Class Counsel and BBUSA ▇▇▇▇▇▇▇▇▇ have not been notified of any lawsuit, claim claim, or legal action against BBUSA relating ▇▇▇▇▇▇▇▇▇ related to the labeling sale of any of the Products Products, brought or made by or on behalf of any person and/or entity who is not a putative Class MemberMember against ▇▇▇▇▇▇▇▇▇; 10.1.3 14.1.3 Class Counsel and BBUSA ▇▇▇▇▇▇▇▇▇ have exercised all reasonable due diligence in ascertaining that their respective representations contained in this Settlement Agreement are true and accurate accurate, and that Class Counsel and BBUSA ▇▇▇▇▇▇▇▇▇ shall have, until the Settlement Effective Date, a continuing obligation to ensure that their representations are accurate; 10.1.4 , and Class Counsel and BBUSA ▇▇▇▇▇▇▇▇▇ shall notify each other within a reasonable time after learning that any of the representations in this Settlement Agreement are or become inaccurate. 10.2 14.2 Class Counsel further covenants, represents and warrants to BBUSA ▇▇▇▇▇▇▇▇▇ that: 10.2.1 14.2.1 Prior to the Final Approval Hearing, Class Counsel shall have explained to Plaintiffs the terms and effect of this Settlement AgreementAgreement to ▇▇▇▇▇▇▇▇▇▇▇; 10.2.2 14.2.2 Class Counsel has not made and will not make any undisclosed payment or promise to Plaintiffs ▇▇▇▇▇▇▇▇▇▇▇ or any other class representative; 10.2.3 14.2.3 Class Counsel has read and reviewed the Settlement Agreement and believes that the settlement embodied therein is in the best interests of each of its clients; 10.2.4 14.2.4 Class Counsel will strongly recommend to Plaintiffs each of its clients that they settle their claims under the terms of the Settlement Agreement; and 10.2.5 Plaintiffs 14.2.5 ▇▇▇▇▇▇▇▇▇▇▇ as the named plaintiffs have plaintiff has full authority to enter into and execute this Settlement Agreement and all related documents for, and on behalf of and to bind, themselveshimself. 10.3 14.3 The Parties shall use their best efforts to conclude the Settlement Agreement settlement and obtain the Final Judgment and Order. The Parties agree that it is essential that the Settlement Agreement this proposed settlement be prosecuted to a successful conclusion in accordance with all applicable provisions of law and in the exercise of good faith on the part of the Parties. Inherent in accomplishing the accomplishment of this mutual goal is the understanding among the Parties that the Parties assume the mutual obligations obligation to each other to assist and cooperate in the effectuation of the Settlement Agreement settlement in accordance with its terms and all applicable legal requirements. To that end, the Parties are expressly obliged to affirmatively support the settlement in the event of appeal, to maintain the integrity and goals of the Settlement Agreement settlement in all further proceedings in the Class Action Action, and to take all appropriate such actions as may be legally proper to assure the jurisdiction of the Court in this and all subsequent proceedings. The Settlement Agreement settlement is intended to be a final and binding resolution of all liability for the Injunctive Relief Claims, the Individual Claims and the Class Action.