VOLUNTARY ACT OF THE PARTIES. The Settling States and the Participating Manufacturers acknowledge and agree that this Agreement is voluntarily entered into by each Settling State and each Participating Manufacturer as the result of arm's-length negotiations, and each Settling State and each Participating Manufacturer was represented by counsel in deciding to enter into this Agreement. Each Participating Manufacturer further acknowledges that it understands that certain provisions of this Agreement may require it to act or refrain from acting in a manner that could otherwise give rise to state or federal constitutional challenges and that, by voluntarily consenting to this Agreement, it (and the Tobacco-Related Organizations (or any trade associations formed or controlled by any Participating Manufacturer)) waives for purposes of performance of this Agreement any and all claims that the provisions of this Agreement violate the state or federal constitutions. Provided, however, that nothing in the foregoing shall constitute a waiver as to the entry of any court order (or any interpretation thereof) that would operate to limit the exercise of any constitutional right except to the extent of the restrictions, limitations or obligations expressly agreed to in this Agreement or the Consent Decree.
VOLUNTARY ACT OF THE PARTIES. The parties hereto expressly acknowledge and agree that this Consent Decree and Final Judgment is voluntarily entered into as the result of arm's-length negotiation, and all parties hereto were represented by counsel in deciding to enter into this Consent Decree and Final Judgment.
VOLUNTARY ACT OF THE PARTIES. The Parties acknowledge that the actions contemplated by this Agreement represent the free and voluntary act of each Party, and in the case of the Company, have been approved by all necessary corporate action.
VOLUNTARY ACT OF THE PARTIES. The Settling States and the Participating Manufactur- ers acknowledge and agree that this Agreement is volun- tarily entered into by each Settling State and each Participating Manufacturer as the result of arm ’s-length negotiations, and each Settling State and each Participat- ing Manufacturer was represented by counsel in deciding to enter into this Agreement. Each Participating Manu- facturer further acknowledges that it understands that certain provisions of this Agreement may require it to act or refrain from acting in a manner that could otherwise give rise to state or federal constitutional challenges and that, by voluntarily consenting to this Agreement, it (and the Tobacco-Related Organizations (or any trade associa- tions formed or controlled by any Participating Manufact- urer)) waives for purposes of performance of this Agree- ment any and all claims that the provisions of this Agreement violate the state or federal constitutions. Provided, however, that nothing in the foregoing shall constitute a waiver as to the entry of any court order (or any interpretation thereof) that would operate to limit the exercise of any constitutional right except to the extent of the restrictions, limitations or obligations expressly agreed to in this Agreement or the Consent Decree.
VOLUNTARY ACT OF THE PARTIES. The parties hereto expressly acknowledge and agree that this Consent Decree and Final J udgment is voluntar- ily entered into as the result of arm ’s-length negotiation, and all parties hereto were represented by counsel in deciding to enter into this Consent Decree and Final J udgment. NOTICES 5671
