Common use of Additional Specific Provisions Related to Xxxxxx Clause in Contracts

Additional Specific Provisions Related to Xxxxxx. In addition to the provisions in Paragraphs 31(a) and (b), Xxxxxx agrees that: (1) he will supply to Class Counsel upon future request an affidavit or declaration statements under oath and subject to the penalties for perjury, consistent with but not limited to statements made by Xxxxxx in his interrogatory answers in the Action; and (2) in the event of a trial in the Action, upon request by Class Counsel, he will appear voluntarily as a witness at trial without the necessity of a subpoena. In order to facilitate future communications, Xxxxxx agrees to keep his counsel advised of his whereabouts while the Action remains pending. If Xxxxxx changes counsel while the Action remains pending, he agrees to notify Class Counsel and Southfield Corporation's counsel of the name, address and phone number of his new counsel. In the event that Xxxxxx is without counsel in connection with this matter, he agrees to keep Class Counsel and Southfield Corporation's counsel advised of his whereabouts while the Action remains pending. All communications between Class Counsel and Xxxxxx will be conducted through Xxxxxx'x counsel for so long as Xxxxxx is represented by counsel in connection with this matter. Plaintiffs agree to withdraw the pending Notice of Deposition directed to Xxxxxx and, except as provided herein, not to serve any further notice for Xxxxxx'x deposition or otherwise seek to take his deposition during the course of this Action; provided, however, that: (i) if Xxxxxx removes himself from or is otherwise outside the subpoena power of the Court in this Action and fails to provide affidavits or declaration statements under oath as agreed herein, or fails to appear voluntarily to testify at trial as agreed herein, Class Counsel may subpoena and depose Xxxxxx; and (ii) if any of the Other Defendant seeks and obtains the right to take Xxxxxx'x deposition, without instigation from Plaintiffs or Class Counsel, then Class Counsel may question Xxxxxx during any such deposition testimony as they deem necessary.