Common use of IT IS FURTHER ORDERED that Clause in Contracts

IT IS FURTHER ORDERED that. A. Within thirty (30) days after the date this order becomes final and every thirty (30) days thereafter until Respondents have fully complied with the provisions of Paragraphs II. through V. of this Order, Respondents shall submit to the Commission a verified written report setting forth in detail the manner and form in which they intend to comply, are complying, and have complied with Paragraphs II. through V. of this Order and with the Order to Hold Separate. Respondents shall include in their compliance reports, among other things that are required from time to time, a full description of the efforts being made to comply with Paragraphs II. through V. of the Order, including a description of all substantive contacts or negotiations for the divestitures and the identities of all parties contacted. Respondents shall include in their compliance reports copies, other than of privileged materials, of all written communications to and from such parties, all internal memoranda, and all reports and recommendations concerning divestiture. The final compliance report required by this Paragraph VI.A. shall include a statement that the divestitures have been accomplished in the manner approved by the Commission and shall include the dates the divestitures were accomplished. B. One year from the date of divestiture of the Albany Facility Assets and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order. C. One year from the date of divestiture of the Groton Large Parts Facility Assets or the Groton Facility Assets, as applicable, and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order.

IT IS FURTHER ORDERED that. A. Within thirty At any time after the Commission issues this Order, the Commission may appoint one or more Monitors to assure that Respondent expeditiously complies with its obligations under this Order and the Divestiture Agreement. B. Respondent shall consent to the following terms and conditions regarding the powers, duties, authorities and responsibilities of any Monitor appointed pursuant to Paragraph III.A.: 1. The Commission shall select the Monitor, subject to the consent of Respondent, which consent shall not be unreasonably withheld. If Respondent has not opposed, in writing, including the reasons for opposing, the selection of any proposed Monitor within ten (3010) days after receipt of written notice by the date staff of the Commission to Respondent of the identity of any proposed Monitor, Respondent shall be deemed to have consented to the selection of the proposed Monitor. 2. The Monitor shall have the power and authority to monitor Respondent’s compliance with the terms of this order becomes final Order and every thirty the Divestiture Agreement. 3. Within ten (3010) days thereafter until Respondents have fully complied after appointment of the Monitor, Respondent shall execute an agreement that, subject to the prior approval of the Commission, confers on the Monitor all the rights and powers necessary to permit the Monitor to monitor Respondent’s compliance with the terms of this Order and the Divestiture Agreement. 4. The Monitor shall serve for such time as is necessary to monitor Respondent’s compliance with the provisions of Paragraphs II. through V. of this Order, Respondents shall submit to the Commission a verified written report setting forth in detail the manner and form in which they intend to comply, are complying, and have complied with Paragraphs II. through V. of this Order and the Divestiture Agreement. 5. The Monitor shall have full and complete access, subject to any legally recognized privilege of Respondent, to Respondent’s personnel, books, records, documents, facilities and technical information relating to any of the Assets To Be Divested, or to any other relevant information, as the Monitor may reasonably request, including, but not limited to, all documents and records kept in the normal course of business that relate to any matters contained in this Order. Respondent shall cooperate with any reasonable request of the Monitor. Respondent shall take no action to interfere with or impede the Monitor’s ability to monitor Respondent’s compliance with this Order and the Divestiture Agreement. 6. The Monitor shall serve, without bond or other security, at the expense of Respondent, on such reasonable and customary terms and conditions as the Commission may set. The Monitor shall have authority to employ, at the expense of Respondent, such consultants, accountants, attorneys and other representatives and assistants as are reasonably necessary to carry out the Monitor’s duties and responsibilities. 7. Respondent shall indemnify the Monitor and hold the Monitor harmless against any losses, claims, damages, liabilities or expenses arising out of, or in connection with, the performance of the Monitor’s duties, including all reasonable fees of counsel and other expenses incurred in connection with the Order preparations for, or defense of, any claim whether or not resulting in any liability, except to Hold Separatethe extent that such losses, claims, damages, liabilities, or expenses result from misfeasance, gross negligence, willful or wanton acts, or bad faith by the Monitor. 8. Respondents shall include in their compliance reports, among other things that are required from time to time, a full description of If the efforts being made to comply with Paragraphs II. through V. of the Order, including a description of all substantive contacts or negotiations for the divestitures and the identities of all parties contacted. Respondents shall include in their compliance reports copies, other than of privileged materials, of all written communications to and from such parties, all internal memoranda, and all reports and recommendations concerning divestiture. The final compliance report required by this Paragraph VI.A. shall include a statement Commission determines that the divestitures have been accomplished Monitor has ceased to act or failed to act diligently, the Commission may appoint a substitute Monitor in the same manner approved by the Commission and shall include the dates the divestitures were accomplished. B. One year from the date of divestiture of the Albany Facility Assets and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth as provided in detail the manner in which they have complied and are complying with this Order. C. One year from the date of divestiture of the Groton Large Parts Facility Assets or the Groton Facility Assets, as applicable, and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order.Paragraph

IT IS FURTHER ORDERED that. A. Within thirty (30) days after the date this order becomes final and every thirty (30) days thereafter until Respondents have fully complied with the provisions of Paragraphs II. through V. of this OrderOrder has been issued, Respondents shall submit to the Commission a verified written report setting forth in detail the manner and form in which they intend it intends to comply, are is complying, and have has complied with Paragraphs II. through V. of this Order and with the Order to Hold SeparateOrder. Respondents shall include in their compliance reportsits report, a full description of the efforts being made to comply with the relevant Paragraphs of this Order, including the status of each Action that contained a request for Covered Injunctive Relief as of the date Respondents signed the Agreement Containing Consent Order, a description of all pending requests for Covered Injunctive Relief and how such claims comply with the requirements of this Order, and a description of each sale or assignment of a FRAND Patent and an assurance that such sale or assignment complies with Paragraph V.B. of this Order. B. Beginning twelve (12) months after the date this Order has been issued, and annually thereafter on the anniversary of the date this Order becomes final, for the next nine (9) years, Respondents shall submit to the Commission a verified written report setting forth in detail the manner and form in which it intends to comply, is complying, and has complied with this Order. Respondents shall include in its report, among other things that are required from time to time, a full description of the efforts being made to all pending claims for Covered Injunctive Relief based on Infringement of a FRAND Patent and a statement of how such claims comply with Paragraphs II. through V. the requirements of the this Order, including and a description of all substantive contacts each sale or negotiations for the divestitures assignment of a FRAND Patents and the identities an assurance that such sale or assignment complies with Paragraph V.B. of all parties contacted. Respondents shall include in their compliance reports copies, other than of privileged materials, of all written communications to and from such parties, all internal memoranda, and all reports and recommendations concerning divestiture. The final compliance report required by this Paragraph VI.A. shall include a statement that the divestitures have been accomplished in the manner approved by the Commission and shall include the dates the divestitures were accomplished. B. One year from the date of divestiture of the Albany Facility Assets and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order. C. One year from the date of divestiture of the Groton Large Parts Facility Assets or the Groton Facility Assets, as applicable, and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order.

IT IS FURTHER ORDERED that. A. Within thirty (30) days after the date this order becomes final and every thirty (30) days thereafter until Respondents have Respondent has fully complied with the provisions of Paragraphs II. through V. and III. of this Orderorder, Respondents Respondent shall submit to the Commission a verified written report setting forth in detail the manner and form in which they intend it intends to comply, are is complying, and have has complied with Paragraphs II. through V. and III. of this Order order and with the Order to Hold Separate. Respondents Respondent shall include in their its compliance reports, among other things that are required from time to time, a full description of the efforts being made to comply with Paragraphs II. through V. and III. of the Orderorder, including a description of all substantive contacts or negotiations for the divestitures divestiture and the identities identity of all parties contacted. Respondents Respondent shall include in their its compliance reports copies, other than of privileged materials, copies of all written communications to and from such parties, all internal memoranda, and all reports and recommendations concerning divestiture. The final compliance report required by this Paragraph VI.A. V. A. shall include a statement that the divestitures have divestiture has been accomplished in the manner approved by the Commission and shall include the dates date the divestitures were divestiture was accomplished. B. One year from the date of divestiture of the Albany Facility Assets CMR and annually thereafter until the Order order terminates, Respondents Respondent shall file a verified written report to the Commission setting forth in detail the manner in which they have it has complied and are is complying with this Orderorder. C. One year from the date of divestiture of the Groton Large Parts Facility Assets or the Groton Facility Assets, as applicable, and annually thereafter until the Order terminates, Respondents shall file a verified written report to the Commission setting forth in detail the manner in which they have complied and are complying with this Order.