Common use of Additional Agreement and Acknowledgements of Program Participants Clause in Contracts

Additional Agreement and Acknowledgements of Program Participants. (A) Each Program Participant, on her own behalf and on behalf of her heirs, beneficiaries, agents, estates, executors, administrators, personal representatives, successors and assigns, shall be deemed to have agreed, and by executing the Release does agree, to resolve her Claims with Defendants and to have granted her counsel the authority to resolve her Claims with Defendants in accordance with the terms of this Agreement. Each Program Participant further represents and warrants that she has the sole right and exclusive authority to enter into this Agreement and to submit a Claim Package under it; that neither her Claim nor any of the claims, demands or obligations referred to in this Agreement have been sold, assigned, subrogated, transferred, or otherwise disposed of by her; and that she is the sole Person who may have a potential cause of action against Defendants relative to her Claim. Each Program Participant shall further represent and warrant, and by executing the Release does represent and warrant, that no other Person or entity has any right, title or interest in her Claim, any of the demands, obligations, or causes of action referred to in this Agreement, or any Settlement Payment to her, and that there are no other Liens (except as may be disclosed in accordance with Article IX herein) other than the actual or potential attorneys liens of the Program Participant’s counsel to the extent such attorneys liens have been perfected. Private funding agreements are not Liens under this (B) Each Program Participant, by participating in the Program as provided for herein, and her counsel acknowledge and agree that they are contractually bound by the terms of this Agreement. (C) Each Program Participant, by participating in the Program as provided herein, and her counsel, acknowledge and agree that they are waiving all rights to pursue their claims in court, and any further claims, appeals, or objections shall be resolved by the Special Master as set forth herein, and such decisions shall be final and binding upon each Program Participant and her counsel. Further, each Program Participant, by opting into participation in the Program, acknowledges and agrees to this method of alternative dispute resolution. Section 13.01 Notice

Additional Agreement and Acknowledgements of Program Participants. (A) Each Program Participant, on his or her own behalf and on behalf of his or her heirs, beneficiaries, agents, estates, executors, administrators, personal representatives, successors and assigns, shall be deemed to have agreed, and by executing the Release does agree, to resolve his or her Claims with Defendants and and, if represented, to have granted his or her counsel the authority to resolve his or her Claims with Defendants in accordance with the terms of this Agreement. Each Program Participant further represents and warrants that he or she has the sole right and exclusive authority to enter into this Agreement and to submit a Claim Package under it; that neither his or her Claim nor any of the claims, demands or obligations referred to in this Agreement have been sold, assigned, subrogated, transferred, or otherwise disposed of by him or her; and that he or she is the sole Person who may have a potential cause of action against Defendants relative to his or her Claim. Each Program Participant shall further represent and warrant, and by executing the Release does represent and warrant, that no other Person or entity has any right, title or interest in his or her Claim, any of the demands, obligations, or causes of action referred to in this Agreement, or any Settlement Payment to him or her, and that there are no other Liens (except as may be disclosed in accordance with Article IX XIII herein) other than the actual or potential attorneys liens of the Program Participant’s counsel to the extent such attorneys liens have been perfected. Private funding agreements are not Liens under thisthis Agreement, and are not the responsibility of Takeda. To the extent any Program Participant has received any funding or other consideration from any third party, including any private litigation funding, such Program Participant shall represent and warrant, and by executing the Release does represent and warrant, that such third party has no Lien or other claim that can be asserted against any of the Released Persons or the Qualified Settlement Fund or any portion thereof. Each Program Participant shall agree, and by executing the Release does agree, that he or she will indicate on his or her Claim Form whether a bankruptcy action is currently pending in which he or she is seeking bankruptcy protection. (B) Each Program Participant, by participating in the Program as provided for herein, and his or her counsel counsel, if represented, acknowledge and agree that they are contractually bound by the terms of this Agreement. (C) Each Program Participant, by participating in the Program as provided herein, and his or her counsel, if represented, acknowledge and agree that they are waiving all rights to pursue their claims in court, and any further claims, appeals, or objections shall be resolved by the Eligibility Committee or the Special Master as set forth herein, and such decisions shall be final and binding upon each Program Participant and his or her counsel, if represented. Further, each Program Participant, by opting into participation in the Program, acknowledges and agrees to this method of alternative dispute resolution. Section 13.01 Notice