Common use of Funding of Actions Clause in Contracts

Funding of Actions. The Parties agree that all Persons proposed to receive BPA pursuant to the Judgment will benefit from the actions set forth in this Section 4 of this Agreement. The Parties therefore shall collectively request, as part of the request for a preliminary injunction made pursuant to Section 2.2 of this Agreement (or if no such preliminary injunction is sought, as part of a motion for entry of the Judgment as the final judgment in the Adjudication Action), that the Court order Persons that are not a Party to this Agreement, but which are proposed to receive BPA pursuant to the Judgment, to participate in the funding of such actions under this Section 4. If the Court so orders, each Person proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Person’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Persons pursuant to the Judgment. Until the court so orders, each Party proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Party’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Parties pursuant to the Judgment. Upon Court order assessing Persons that are not a Party to this Agreement for payments under this Section 4, each Party will be reimbursed so that each Person’s assessment to fund actions under this Section 4 is in proportion to the percentage that each Person’s proposed BPA bears to the total BPA proposed to be granted to all Persons pursuant to Exhibit 4 of the Judgment.”

Funding of Actions. The Parties agree that all Persons proposed to receive BPA pursuant to the Judgment will benefit from the actions set forth in this Section 4 of this Agreement. The Parties therefore shall collectively request, as part of the request for a preliminary injunction made pursuant to Section 2.2 of this Agreement Agreement, request (or if no such preliminary injunction is sought, as part of a motion for entry of the Judgment as the final judgment in the Adjudication Action), that the Court order Persons that are not a Party to this Agreement, but which are proposed to receive BPA pursuant to the Judgment, to participate in the funding of such actions under this Section 4. If the Court so orders, each Person proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Person’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Persons pursuant to the Judgment. Until IfUntil the court does not so ordersorderorders, each Party proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Party’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Parties pursuant to the Judgment. Upon Court order assessing Persons that are not a Party to this Agreement for payments under this Section 4, each Party will be reimbursed so that each Person’s assessment to fund actions under this Section 4 is in proportion to the percentage that each Person’s proposed BPA bears to the total BPA proposed to be granted to all Persons pursuant to Exhibit 4 of the Judgment.”

Funding of Actions. The Parties agree that all Persons proposed to receive BPA pursuant to the Judgment will benefit from the actions set forth in this Section 4 of this Agreement. The Parties therefore shall collectively request, as part of the request for a preliminary injunction made pursuant to Section 2.2 of this Agreement (or if no such preliminary injunction is sought, as part of a motion for entry of the Judgment as the final judgment in the Adjudication Action), that the Court order Persons that are not a Party to this Agreement, but which are proposed to receive BPA pursuant to the Judgment, to participate in the funding of such actions under this Section 4. If the Court so orders, each Person proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Person’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Persons pursuant to the Judgment. Until the court so orders, each Party proposed to receive BPA pursuant to the Judgment will be assessed by Watermaster an assessment to fund such actions in proportion to the percentage that each Party’s proposed BPA (pursuant to Exhibit 4 to the Judgment) bears to the total BPA proposed to be granted to all Parties pursuant to the Judgment. Upon Court order assessing Persons that are not a Party to this Agreement for payments under this Section 4, each Party will be reimbursed so that each Person’s assessment to fund actions under this Section 4 is in proportion to the percentage that each Person’s proposed BPA bears to the total BPA proposed to be granted to all Persons pursuant to Exhibit 4 of the Judgment.”