Common use of OTHER OBLIGATIONS; MISCELLANEOUS Clause in Contracts

OTHER OBLIGATIONS; MISCELLANEOUS. 20.1 The Parties shall use their reasonable best efforts to perform all terms of this Altria Class Settlement Agreement. 20.2 The Released Parties may file this Altria Class Settlement Agreement and/or the Final Judgment and Order in any action that may be brought against them in order to support any defense or counterclaim, including without limitation those based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. Plaintiffs will take no position with respect to any applicable claim preclusion, issue preclusion, or similar defense or counterclaim. 20.3 All agreements made and orders entered during this litigation relating to the confidentiality of information survive this Altria Class Settlement Agreement. 20.4 Any Appendices to this Altria Class Settlement Agreement are material and integral parts hereof and are fully incorporated herein by this reference. 20.5 This Altria Class Settlement Agreement supersedes any previous agreements and understanding among the Parties with respect to the subject matter of this Altria Class Settlement Agreement and the settlement embodied within it, including the Parties’ Settlement Term Sheet signed May 10, 2023. 20.6 All time periods and dates described in this Altria Class Settlement Agreement are subject to the Court’s approval. Unless set by the Court, the Parties may jointly agree to reasonable extensions of time to carry out any of the provisions of this Altria Class Settlement Agreement through written consent of the Parties’ counsel, without notice to the Class Members; provided, however, that any such changes in the schedule of Altria Class Settlement Agreement proceedings will be posted on a website established by the Class Settlement Administrator. Time periods and dates provided for in the Preliminary Approval Order may be altered by the Court. 20.7 Any notice, request, instruction, or other document to be given by any Party to this Altria Class Settlement Agreement to any other Party to this Altria Class Settlement Agreement, other than the Class Notice, shall be in writing and delivered by an overnight delivery service, with a courtesy copy via electronic mail to:

OTHER OBLIGATIONS; MISCELLANEOUS. 20.1 17.1 Nothing in this Settlement Agreement is intended to preempt, conflict with, or otherwise supersede NHTSA’s authority to regulate automotive safety. Should NHTSA require Defendants to take any action that conflicts with any of the terms in this Settlement Agreement, the obligations imposed by NHTSA are controlling. 17.2 The Parties shall use their reasonable best efforts to perform all terms acknowledge that prompt approval, consummation, and implementation of this Altria Class Settlement Agreementis essential. The Parties agree to cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement, to promptly perform their respective obligations hereunder, and to attempt to resolve any dispute that may arise under this Settlement Agreement in a good faith and expeditious manner. 20.2 17.3 Neither this Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Settlement Agreement or the Settlement, nor any negotiations leading to this Settlement Agreement or the Settlement, is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claims, or of any fault, omission, wrongdoing, or liability of Defendants in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal. The Released Parties may file this Altria Class Settlement Agreement and/or the Final Judgment and Order Judgement in any action that may be brought against them in order to support any defense or counterclaim, including without limitation those based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. Plaintiffs will take no position with respect to any applicable claim preclusion, issue preclusion, This provision shall survive the expiration or similar defense or counterclaimvoiding of the Settlement Agreement. 20.3 17.4 All agreements made and orders entered during this litigation the course of the Litigation relating to the confidentiality of information will survive this Altria Class Settlement Agreement. 20.4 Any Appendices to this Altria Class Settlement Agreement 17.5 All terms, conditions, and exhibits in their exact form are material and integral parts hereof necessary to this Settlement Agreement and have been relied upon by the Parties in entering into this Settlement Agreement. All of the exhibits to this Settlement Agreement are fully incorporated herein by this reference. 20.5 17.6 This Altria Class Settlement Agreement supersedes Agreement, including attached exhibits, constitutes the entire agreement by and among the Parties with regard to the subject matter of this Settlement Agreement, and shall supersede any previous agreements and understanding among the Parties with respect to the subject matter of this Altria Class Settlement Agreement and the settlement embodied within itSettlement. The Parties acknowledge, including stipulate, and agree that no covenant, obligation, condition, representation, warranty, inducement, negotiation, or understanding concerning any part or all of the Parties’ subject matter of this Settlement Term Sheet signed May 10, 2023Agreement has been made or relied on except as expressly set forth in this Settlement Agreement. 20.6 All time periods and dates described in this Altria Class 17.7 This Settlement Agreement are subject to the Court’s approval. Unless set may not be modified or amended except in writing signed by the Court, the all Parties may jointly agree to reasonable extensions of time to carry out any of the provisions of this Altria Class Settlement Agreement through written consent of the Parties’ counsel, without notice to the Class Members; provided, however, that any such changes in the schedule of Altria Class Settlement Agreement proceedings will be posted on a website established by the Class Settlement Administrator. Time periods and dates provided for in the Preliminary Approval Order may be altered approved by the Court. 20.7 17.8 Any notice, request, instruction, or other document to be given by any Party to this Altria Class Settlement Agreement to any other Party to this Altria Class Settlement Agreement, other than the Class Noticenotice, shall be in writing and delivered by an overnight delivery service, with a courtesy copy via electronic mail to:: Xxxxxxxxx X. Xxxxx XXXXX XXXXX LLC 000 X. Xxxxxx Dr., 24th Floor Chicago, IL 60606 Phone: 000.000.0000 Fax: 000.000.0000 xxxx@xxxxxxxxxx.xxx Xxxxx X. Xxxxxx Xxxxxx Xxxxxx Xxxxx Xxxxxxx LLP 0000 0xx Xxxxxx Xxxxx 0000 Seattle, WA 98101 Phone: 000-000-0000 Fax: 000-000-0000 xxxxx@xxxxxxx.xxx

OTHER OBLIGATIONS; MISCELLANEOUS. 20.1 22.1 The Parties shall use their reasonable best efforts to perform all terms of this Altria Class Settlement Agreement. 20.2 22.2 The Released Parties may file this Altria Class Settlement Agreement and/or the Final Judgment and Order in any action that may be brought against them in order to support any defense or counterclaim, including without limitation those based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. Plaintiffs will take no position with respect to any applicable claim preclusion, issue preclusion, or similar defense or counterclaim. 20.3 22.3 All agreements made and orders entered during this litigation relating to the confidentiality of information survive this Altria Class Settlement Agreement. 20.4 22.4 Any E Appendices to this Altria Class Settlement Agreement are material and integral parts hereof and are fully incorporated herein by this reference. 20.5 22.5 This Altria Class Settlement Agreement constitutes the entire Agreement by and among the Parties with regard to the subject matter of this Class Settlement Agreement, and supersedes any previous agreements and understanding among the Parties with respect to the subject matter of this Altria Class Settlement Agreement and the settlement embodied within it, including the Parties’ Settlement Term Sheet signed May 10, 2023. 20.6 22.6 All time periods and dates described in this Altria Class Settlement Agreement are subject to the Court’s approval. Unless set by the Court, the Parties may jointly agree to reasonable extensions of time to carry out any of the provisions of this Altria Class Settlement Agreement through written consent of the Parties’ counsel, without notice to the Class Members; provided, however, that any such changes in the schedule of Altria Class Settlement Agreement proceedings will be posted on a website established by the Class Settlement Administrator. Time periods and dates provided for in the Preliminary Approval Order may be altered by the Court. 20.7 22.7 Any notice, request, instruction, or other document to be given by any Party to this Altria Class Settlement Agreement to any other Party to this Altria Class Settlement Agreement, other than the Class Notice, shall be in writing and delivered by an overnight delivery service, with a courtesy copy via electronic mail to: