Common use of Enforcement Committee Actions to Enforce Agreement Clause in Contracts

Enforcement Committee Actions to Enforce Agreement. 1. The Parties agree that in the event of any failure by Allergan to make any required payments under this Agreement, the Enforcement Committee, on its own or through its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file an action or proceeding in any New York state court, or federal court of the United States of America, sitting in New York, for or related to the enforcement or collection of such payments. 2. If any National Dispute involving a Settling State, Participating Subdivision, and/or Allergan is pending before a National Arbitration Panel concerning a given year’s payment to all Settling States, any action or proceeding pursuant to this subsection XIV.E shall be stayed as to any disputed amounts only, but may proceed as to any and all undisputed amounts. In the event there is a dispute between the Parties as to the disputed amounts at issue, the Enforcement Committee or any party to that dispute may seek an expedited determination from the National Arbitration Panel for that proceeding as to the disputed and undisputed amounts. 3. The Parties further Agree that in the event of Allergan’s breach of the Parties’ Agreement for Injunctive Relief (Exhibit P attached hereto), the Enforcement Committee, on its own or through a single designee such as a Settling State shall have the ability and right to file a civil action pursuant to Exhibit P, after completing the processes laid out in Exhibit P, in any New York state court, or federal court of the United States of America, sitting in New York, seeking any appropriate relief to enforce compliance with such Agreement for Injunctive Relief. 4. Allergan and other Released Entities consent to the jurisdiction of the New York state court, or federal court of the United States of America, sitting in New York, and any appellate court from any thereof, in which any action or proceeding is initiated pursuant to this subsection XIV.E, and for enforcement or collection of any related judgment entered by such court. Allergan further agrees any service of process or notice required for such action or proceeding, including for any action or proceeding for enforcement or collection of any judgment entered thereon, may be effectuated on Allergan through delivery of all required papers by hand or by a nationally recognized private courier on Allergan’s representatives identified in Section XVI.P herein. For the purposes of this Agreement only, Allergan consents to personal jurisdiction before such courts and will not contend service must be effectuated through personal service or the Hague Convention process. 5. The enforcement rights under this subsection XIV.E are in addition to, and not in lieu of, any other enforcement and collection rights of the Parties herein, including but not limited to enforcement rights as to payments as allowed by subsection XV.A.

Enforcement Committee Actions to Enforce Agreement. 1. The Parties agree that in the event of any failure by Allergan Teva to make any required payments under this Agreement, the Enforcement Committee, on its own or through its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file an action or proceeding in any New York state court, or federal court of the United States of America, sitting in New York, for or related to the enforcement or collection of such payments. 2. If any National Dispute involving a Settling State, Participating Subdivision, and/or Allergan Teva is pending before a National Arbitration Panel concerning a given year’s payment to all Settling States, any action or proceeding pursuant to this subsection XIV.E XV.E shall be stayed as to any disputed amounts only, but may proceed as to any and all undisputed amounts. In the event there is a dispute between the Parties as to the disputed amounts at issue, the Enforcement Committee or any party to that dispute may seek an expedited determination from the National Arbitration Panel for that proceeding as to the disputed and undisputed amounts. 3. The Parties further Agree agree that in the event of AllerganTeva’s breach of the Parties’ Agreement for Injunctive Relief (Exhibit P attached hereto), the Enforcement Committee, on its own or through a single its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file a civil action pursuant to Exhibit P, after completing the processes laid out in Exhibit Psubection K.5, in any New York state court, or federal court of the United States of America, sitting in New York, seeking any appropriate relief to enforce compliance with such Agreement for Injunctive Relief. 4. Allergan and other Released Entities consent Teva consents to the jurisdiction of the New York state court, or federal court of the United States of America, sitting in New York, and any appellate court from any thereof, in which any action or proceeding is initiated pursuant to this subsection XIV.EXV.E, and for enforcement or collection of any related judgment entered by such court. Allergan Teva further agrees any service of process or notice required for such action or proceeding, including for any action or proceeding for enforcement or collection of any judgment entered thereon, may be effectuated on Allergan Teva through delivery of all required papers by hand or by a nationally recognized private courier on AllerganTeva’s representatives identified in Section subsection XVI.P herein. For the purposes of this Agreement only, Allergan Xxxx consents to personal jurisdiction before such courts and will not contend service must be effectuated through personal service or the Hague Convention process. 5. The enforcement rights under this subsection XIV.E XV.E are in addition to, and not in lieu of, any other enforcement and collection rights of the Parties herein, including but not limited to enforcement rights as to payments as allowed by subsection XV.A.

Enforcement Committee Actions to Enforce Agreement. 1. The Parties agree that in the event of any failure by Allergan Teva to make any required payments under this Agreement, the Enforcement Committee, on its own or through its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file an action or proceeding in any New York state court, or federal court of the United States of America, sitting in New York, for or related to the enforcement or collection of such payments. 2. If any National Dispute involving a Settling State, Participating Subdivision, and/or Allergan Teva is pending before a National Arbitration Panel concerning a given year’s payment to all Settling States, any action or proceeding pursuant to this subsection XIV.E XV.E shall be stayed as to any disputed amounts only, but may proceed as to any and all undisputed amounts. In the event there is a dispute between the Parties as to the disputed amounts at issue, the Enforcement Committee or any party to that dispute may seek an expedited determination from the National Arbitration Panel for that proceeding as to the disputed and undisputed amounts. 3. The Parties further Agree agree that in the event of AllerganTeva’s breach of the Parties’ Agreement for Injunctive Relief (Exhibit P attached hereto), the Enforcement Committee, on its own or through a single its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file a civil action pursuant to Exhibit P, after completing the processes laid out in Exhibit Psubection K.5, in any New York state court, or federal court of the United States of America, sitting in New York, seeking any appropriate relief to enforce compliance with such Agreement for Injunctive Relief. 4. Allergan and other Released Entities consent Teva consents to the jurisdiction of the New York state court, or federal court of the United States of America, sitting in New York, and any appellate court from any thereof, in which any action or proceeding is initiated pursuant to this subsection XIV.EXV.E, and for enforcement or collection of any related judgment entered by such court. Allergan Teva further agrees any service of process or notice required for such action or proceeding, including for any action or proceeding for enforcement or collection of any judgment entered thereon, may be effectuated on Allergan Teva through delivery of all required papers by hand or by a nationally recognized private courier on AllerganTeva’s representatives identified in Section subsection XVI.P herein. For the purposes of this Agreement only, Allergan Teva consents to personal jurisdiction before such courts and will not contend service must be effectuated through personal service or the Hague Convention process. 5. The enforcement rights under this subsection XIV.E XV.E are in addition to, and not in lieu of, any other enforcement and collection rights of the Parties herein, including but not limited to enforcement rights as to payments as allowed by subsection XV.A.

Enforcement Committee Actions to Enforce Agreement. 1. The Parties agree that in the event of any failure by Allergan Teva to make any required payments under this Agreement, the Enforcement Committee, on its own or through its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file an action or proceeding in any New York state court, or federal court of the United States of America, sitting in New York, for or related to the enforcement or collection of such payments. 2. If any National Dispute involving a Settling State, Participating Subdivision, and/or Allergan Teva is pending before a National Arbitration Panel concerning a given year’s payment to all Settling States, any action or proceeding pursuant to this subsection XIV.E XV.E shall be stayed as to any disputed amounts only, but may proceed as to any and all undisputed amounts. In the event there is a dispute between the Parties as to the disputed amounts at issue, the Enforcement Committee or any party to that dispute may seek an expedited determination from the National Arbitration Panel for that proceeding as to the disputed and undisputed amounts. 3. The Parties further Agree that in the event of AllerganXxxx’s breach of the Parties’ Agreement for Injunctive Relief (Exhibit P attached hereto), the Enforcement Committee, on its own or through a single its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file a civil action pursuant to Exhibit P, after completing the processes laid out in Exhibit Psubection K.5, in any New York state court, or federal court of the United States of America, sitting in New York, seeking any appropriate relief to enforce compliance with such Agreement for Injunctive Relief. 4. Allergan and other Released Entities consent Teva consents to the jurisdiction of the New York state court, or federal court of the United States of America, sitting in New York, and any appellate court from any thereof, in which any action or proceeding is initiated pursuant to this subsection XIV.EXV.E, and for enforcement or collection of any related judgment entered by such court. Allergan Teva further agrees any service of process or notice required for such action or proceeding, including for any action or proceeding for enforcement or collection of any judgment entered thereon, may be effectuated on Allergan Teva through delivery of all required papers by hand or by a nationally recognized private courier on AllerganTeva’s representatives identified in Section subsection XVI.P herein. For the purposes of this Agreement only, Allergan Teva consents to personal jurisdiction before such courts and will not contend service must be effectuated through personal service or the Hague Convention process. 5. The enforcement rights under this subsection XIV.E XV.E are in addition to, and not in lieu of, any other enforcement and collection rights of the Parties herein, including but not limited to enforcement rights as to payments as allowed by subsection XV.A.

Enforcement Committee Actions to Enforce Agreement. 1. The Parties agree that in the event of any failure by Allergan Teva to make any required payments under this Agreement, the Enforcement Committee, on its own or through its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file an action or proceeding in any New York state court, or federal court of the United States of America, sitting in New York, for or related to the enforcement or collection of such payments. 2. If any National Dispute involving a Settling State, Participating Subdivision, and/or Allergan Teva is pending before a National Arbitration Panel concerning a given year’s payment to all Settling States, any action or proceeding pursuant to this subsection XIV.E XV.E shall be stayed as to any disputed amounts only, but may proceed as to any and all undisputed amounts. In the event there is a dispute between the Parties as to the disputed amounts at issue, the Enforcement Committee or any party to that dispute may seek an expedited determination from the National Arbitration Panel for that proceeding as to the disputed and undisputed amounts. 3. The Parties further Agree agree that in the event of AllerganTeva’s breach of the Parties’ Agreement for Injunctive Relief (Exhibit P attached hereto), the Enforcement Committee, on its own or through a single its designee such as a Settling State or Participating Subdivision acting by its authorization and on its behalf, shall have the ability and right to file a civil action pursuant to Exhibit P, after completing the processes laid out in Exhibit Psubection K.5, in any New York state court, or federal court of the United States of America, sitting in New York, seeking any appropriate relief to enforce compliance with such Agreement for Injunctive Relief. 4. Allergan and other Released Entities consent Teva consents to the jurisdiction of the New York state court, or federal court of the United States of America, sitting in New York, and any appellate court from any thereof, in which any action or proceeding is initiated pursuant to this subsection XIV.EXV.E, and for enforcement or collection of any related judgment entered by such court. Allergan Teva further agrees any service of process or notice required for such action or proceeding, including for any action or proceeding for enforcement or collection of any judgment entered thereon, may be effectuated on Allergan Teva through delivery of all required papers by hand or by a nationally recognized private courier on AllerganXxxx’s representatives identified in Section subsection XVI.P herein. For the purposes of this Agreement only, Allergan Teva consents to personal jurisdiction before such courts and will not contend service must be effectuated through personal service or the Hague Convention process. 5. The enforcement rights under this subsection XIV.E XV.E are in addition to, and not in lieu of, any other enforcement and collection rights of the Parties herein, including but not limited to enforcement rights as to payments as allowed by subsection XV.A.