Common use of Payment Responsibility Clause in Contracts

Payment Responsibility. (a) Each Original Participating Manufacturer shall be severally liable for its share of all payments pursuant to this STATE Fee Payment Agreement. Under no circumstances shall any payment due hereunder or any portion thereof become the joint obligation of the Original Participating Manufacturers or the obligation of any person other than the Original Participating Manufacturer from which such payment is originally due, nor shall any Original Participating Manufacturer be required to pay a portion of any such payment greater than its Relative Market Share. (b) Due to the particular corporate structures of X. X. Xxxxxxxx Tobacco Company ("Xxxxxxxx") and Xxxxx & Xxxxxxxxxx Tobacco Corporation ("Xxxxx & Xxxxxxxxxx") with respect to their non-domestic tobacco operations, Xxxxxxxx and Xxxxx & Xxxxxxxxxx shall each be severally liable for its respective share of each payment due pursuant to this STATE Fee Payment Agreement up to (and its liability hereunder shall not exceed) the full extent of its assets used in, and earnings and revenues derived from, its manufacture and sale in the United States of Tobacco Products intended for domestic consumption, and no recourse shall be had against any of its other assets or earnings to satisfy such obligations.

Payment Responsibility. (a) Each Original Participating Manufacturer shall be severally liable for its share of all payments pursuant to this STATE Fee Payment Agreement. Under no circumstances circum- stances shall any payment due hereunder or any portion thereof become the joint obligation of the Original Participating Partici- pating Manufacturers or the obligation of any person other than the Original Participating Manufacturer from which such payment is originally due, nor shall any Original Participating Manufacturer be required to pay a portion of any such payment greater than its Relative Market Share. (b) Due to the particular corporate structures of X. X. Xxxxxxxx Tobacco Company ("‘‘Xxxxxxxx"’’) and Xxxxx Brown & Xxxxxxxxxx Tobacco Corporation ("Xxxxx ( ‘‘Brown & Xxxxxxxxxx"Xxxxxxxxxx ’’) with respect to their non-domestic tobacco operations, Xxxxxxxx and Xxxxx Brown & Xxxxxxxxxx shall each be severally liable for its respective share of each payment due pursuant to this STATE Fee Payment Agreement up to (and its liability hereunder shall not exceed) the full extent of its assets used in, and earnings and revenues derived from, its manufacture and sale in the United States of Tobacco Products intended for domestic consumptioncon- sumption, and no recourse shall be had against any of its other assets or earnings to satisfy such obligations.

Payment Responsibility. (a) Each Original Participating Manufacturer shall be severally liable for its share of all payments pursuant to this STATE Fee Payment Agreement. Under no circumstances shall any payment due hereunder or any portion thereof become the joint obligation of the Original Participating Manufacturers or the obligation of any person other than the Original Participating Manufacturer from which such payment is originally due, nor shall any Original Participating Manufacturer be required to pay a portion of any such payment greater than its Relative Market Share. (b) Due to the particular corporate structures of X. X. Xxxxxxxx Tobacco Company ("“Xxxxxxxx"”) and Xxxxx & Xxxxxxxxxx Tobacco Corporation ("“Xxxxx & Xxxxxxxxxx"”) with respect to their non-domestic tobacco operations, Xxxxxxxx and Xxxxx & Xxxxxxxxxx shall each be severally liable for its respective share of each payment due pursuant to this STATE Fee Payment Agreement up to (and its liability hereunder shall not exceed) the full extent of its assets used in, and earnings and revenues derived from, its manufacture and sale in the United States of Tobacco Products intended for domestic consumption, and no recourse shall be had against any of its other assets or earnings to satisfy such obligations.