Common use of In Re Clause in Contracts

In Re. NuvaRing Litigation, BER-L-3081-09 (the “New Jersey Coordinated Proceedings”), venued in the New Jersey Superior Court, Law Division, Bergen County (the “New Jersey Coordinated Court”); and (4) any and all other state court proceedings pertaining to actions, disputes, and claims asserted against Defendants regarding the use of NuvaRing (the “Other State Court Proceedings”). B. NPC, having been duly authorized by the MDL Court and the New Jersey Coordinated Court, and Organon have agreed to establish a private settlement program to resolve certain Claims (the “NuvaRing Resolution Program” or the “Program”). C. An opportunity for participation in the NuvaRing Resolution Program is open to Claims in the MDL, in the Other Federal Court Proceedings, in the New Jersey Coordinated Proceedings, and in the Other State Court Proceedings, that were pending in those proceedings on or before the Execution Date, and that involve an Alleged Injury resulting from the use of NuvaRing, as specified in this Agreement. D. With respect to unfiled claims, an opportunity for participation in the Program is also open to any Claimants with Claims that are not pending against Defendants in state or federal court but that involve an Alleged Injury occurring in the United States prior to the Execution Date allegedly resulting from the use of NuvaRing, and who duly execute and serve the Notice of Intent to Opt In Form for Unfiled Claims and Declaration of Counsel in accordance with Section 1.04 of this Agreement. E. Defendants deny any liability or wrongdoing and assert that they have meritorious affirmative defenses to these lawsuits and claims. This Agreement, accordingly, will not be construed as evidence of, or as an admission by Defendants of, any fault, liability, wrongdoing, or damages whatsoever. F. The Parties agree and understand that this Agreement shall not be used, cited, or relied upon in any manner in any future cases or settlements without the express approval of NPC and Organon, other than as necessary to enforce the Agreement. G. All sums awarded under this Agreement constitute damages on account of personal physical injuries or sickness, within the meaning of §104(a)(2) of the Internal Revenue Code. H. There is no guarantee that every Person who has made a claim or is the subject of a lawsuit and who is enrolled in the Program will be determined to be eligible to receive compensation under the terms of this Agreement.

In Re. NuvaRing Litigation, BER-L-3081-09 (the “New Jersey Coordinated Proceedings”), venued in the New Jersey Superior Court, Law Division, Bergen County (the “New Jersey Coordinated Court”); and (4) any and all other state court proceedings pertaining to actions, disputes, and claims asserted against Defendants regarding the use of NuvaRing (the “Other State Court Proceedings”). B. NPC, having been duly authorized by the MDL Court and the New Jersey Coordinated Court, and Organon Xxxxxxx have agreed to establish a private settlement program to resolve certain Claims (the “NuvaRing Resolution Program” or the “Program”). C. An opportunity for participation in the NuvaRing Resolution Program is open to Claims in the MDL, in the Other Federal Court Proceedings, in the New Jersey Coordinated Proceedings, and in the Other State Court Proceedings, that were pending in those proceedings on or before the Execution Date, and that involve an Alleged Injury resulting from the use of NuvaRing, as specified in this Agreement. D. With respect to unfiled claims, an opportunity for participation in the Program is also open to any Claimants with Claims that are not pending against Defendants in state or federal court but that involve an Alleged Injury occurring in the United States prior to the Execution Date allegedly resulting from the use of NuvaRing, and who duly execute and serve the Notice of Intent to Opt In Form for Unfiled Claims and Declaration of Counsel in accordance with Section 1.04 of this Agreement. E. Defendants deny any liability or wrongdoing and assert that they have meritorious affirmative defenses to these lawsuits and claims. This Agreement, accordingly, will not be construed as evidence of, or as an admission by Defendants of, any fault, liability, wrongdoing, or damages whatsoever. F. The Parties agree and understand that this Agreement shall not be used, cited, or relied upon in any manner in any future cases or settlements without the express approval of NPC and Organon, other than as necessary to enforce the Agreement. G. All sums awarded under this Agreement constitute damages on account of personal physical injuries or sickness, within the meaning of §104(a)(2) of the Internal Revenue Code. H. There is no guarantee that every Person who has made a claim or is the subject of a lawsuit and who is enrolled in the Program will be determined to be eligible to receive compensation under the terms of this Agreement.