Common use of CONSTRUCTION AND TERMINATION Clause in Contracts

CONSTRUCTION AND TERMINATION. A. The Parties agree jointly to file this Agreement with the United States District Court for the Northern District of Georgia, Atlanta Division, in United States v. Georgia, Civil Action No. 1:10-CV-249-CAP. The joint motion shall request that the Court enter the Settlement Agreement pursuant to Federal Rule of Civil Procedure 41(a)(2), conditionally dismiss the complaint in this action, and retain jurisdiction to enforce the Settlement Agreement. The Parties further agree to jointly file a motion with the Court, to withdraw the United States’ motion for preliminary injunction and to enforce the Settlement Agreement in case styled United States v. Georgia, Civil Action No. 1:09-CV-119- CAP, to vacate the hearing set for November 8, 2010, and to terminate any ongoing discovery in that action; the motion shall request that the case be returned to the Court’s inactive docket. If the Court does not retain jurisdiction to enforce the Settlement Agreement, the Settlement Agreement shall be void.