Common use of Xxxxxxxx Tobacco Co Clause in Contracts

Xxxxxxxx Tobacco Co. the jury returned a verdict in favor of RJR Tobacco. For a detailed description of the above-described cases, see “— Xxxxx and Xxxxx Progeny Cases” below. As of September 17 2014, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarter. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of September 17, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both. For information on the verdicts in the Xxxxx Progeny cases that have been tried and remain pending as of September 17, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both, see the Xxxxx Progeny cases chart above. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see “— Individual Smoking and Health Cases,” and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,” respectively, below: August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites.

Xxxxxxxx Tobacco Co. the court declared a mistrial after the jury returned informed the court that they were unable to reach a verdict in favor of RJR Tobaccoverdict. For a detailed description of the above-described cases, see “— Xxxxx and Xxxxx Progeny Cases” below. As In the fourth quarter of September 17 20142011, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarterwere tried. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of September 17December 31, 20142011, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. For information on the verdicts December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in the Xxxxx Progeny cases that have been tried and remain pending as compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of September 17, 2014, in which verdicts have been returned against RJR Tobacco or $6 million was assigned to B&W, or both, see the Xxxxx Progeny cases chart aboveand $2 million to a predecessor company. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see See “— Individual Smoking and Health Cases,” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages; 25% of fault assigned to B&W, which reduced the award to $500,000; $20 million in punitive damages. In August 2009, a new trial on punitive damages was conducted and the jury awarded $1.5 million. See “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,— Individual Smoking and Health Cases” respectively, below: . August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.

Xxxxxxxx Tobacco Co. the jury returned a verdict in favor of RJR Tobacco. In the second quarter of 2011, a verdict was entered in a health-care cost recovery case. In April 2011, in City of St. Xxxxx x. American Tobacco Co., Inc., the jury returned a verdict in favor of all defendants. For a detailed description of the above-described casescase, see “— Xxxxx and Xxxxx Progeny Health-Care Cost Recovery Cases – Hospital Cases” below. As of September 17 2014, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarter. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of September 17June 30, 20142011, in which verdicts have been returned in favor of the plaintiffs and against RJR Tobacco or B&W, or both. For information on the verdicts December 18, 2003 Xxxxxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Supreme Court, Kings County (Brooklyn, NY) $350,000 in the Xxxxx Progeny cases that have been tried and remain pending as compensatory damages; 50% fault assigned to B&W; $20 million in punitive damages, of September 17, 2014, in which verdicts have been returned against RJR Tobacco or $6 million was assigned to B&W, or both, see the Xxxxx Progeny cases chart aboveand $2 million to a predecessor company. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see See “— Individual Smoking and Health Cases,” below. February 2, 2005 Xxxxx x. Xxxxx & Xxxxxxxxxx Tobacco Corp. [Individual] Circuit Court, Xxxxxxx County (Independence, MO) $2 million in compensatory damages, which was reduced to $500,000 because of jury’s findings that the plaintiff was 75% at fault; $20 million in punitive damages. See “— Individual Smoking and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,Health Cases” respectively, below: . August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites. See “— Health-Care Cost Recovery Cases – Department of Justice Case” below.

Xxxxxxxx Tobacco Co. the jury returned a verdict [Individual] U.S. District Court, District of Connecticut, (Bridgeport, CT) $13.9 million in favor compensatory damages; 58% of fault assigned to RJR Tobacco. For a detailed description of , which reduced the above-described cases, see “— Xxxxx and Xxxxx Progeny Cases” belowaward to $8.08 million against RJR Tobacco; $3.97 million in punitive damages. As of September 17 201430, no non-2013, 96 individual cases were pending in the United States against RJR Tobacco, B&W, as its indemnitee, or both. This category of cases includes smoking and health cases alleging personal injury brought by or on behalf of individual plaintiffs, but does not include the Broin II, Xxxxx Progeny or West Virginia IPIC cases discussed below. A total of 94 of the individual cases are brought by or on behalf of individual smokers or their survivors, while the remaining two cases are brought by or on behalf of individuals or their survivors alleging personal injury as a result of exposure to environmental tobacco smoke, referred to as ETS. Below is a description of the individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarter. The following chart reflects the verdicts in the smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of September 17, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both. For information on the verdicts in the Xxxxx Progeny cases that have been tried and remain pending as of September 17, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both, see which went to trial or were decided during the period from January 1, 2013 to September 30, 2013, or remained on appeal as of September 30, 2013. On February 1, 2005, the jury returned a split verdict in Xxxxx Progeny cases chart abovex. Xxxxx & Xxxxxxxxxx Tobacco Corp., a case filed in May 2003 in Circuit Court, Xxxxxxx County, Missouri, finding in favor of B&W on two counts, fraudulent concealment and conspiracy, and finding in favor of the plaintiffs on negligence, which incorporates failure to warn and product defect claims. For information The plaintiffs were awarded $2 million in compensatory damages and $20 million in punitive damages; however, the jury found the plaintiff to be 75% at fault and B&W 25% at fault, and thus the compensatory award was reduced to $500,000. The Missouri Court of Appeals affirmed the compensatory damages award but reversed and ordered a new trial on punitive damages. On July 29, 0000, XXX Xxxxxxx, on behalf of B&W, paid the post-trial status compensatory damages verdict, plus interest, in the amount of individual smoking approximately $700,000. In August 2009, the jury in the punitive damages retrial returned a verdict for the plaintiffs and health cases awarded the plaintiffs $1.5 million in punitive damages. B&W and the governmental health-care cost recovery caseplaintiffs filed notices of appeal in December 2009. In October 2012, see “— Individual Smoking the Missouri Court of Appeals reversed the punitive damages award entered in August 2009, and Health Cases,” and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,” respectivelyremanded the case for another new trial on punitive damages. In November 2012, below: August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District B&W filed an application for transfer to the Missouri Supreme Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse which was granted in December 2012. The Missouri Supreme Court affirmed the U.S. Department of Justice appropriate costs associated with the lawsuittrial court’s judgment, and to maintain document web sitesthe plaintiffs filed a motion for rehearing in September 2013. A decision is pending.

Xxxxxxxx Tobacco Co. retrial, the jury returned a verdict in favor of the plaintiff, found the decedent to be 70% at fault, RJR TobaccoTobacco to be 24% at fault and the remaining defendant to be 6% at fault, and awarded $3.1 million in compensatory damages and approximately $7.76 million in punitive damages against each defendant. For a detailed description of the above-described cases, see “— Xxxxx and Xxxxx Progeny Cases” below. As During the fourth quarter of September 17 2014, through December 12, 2014, no non-Xxxxx Progeny individual smoking and health cases in which RJR Tobacco was a defendant had been tried in the third quarterwere tried. The following chart reflects the verdicts in the non-Xxxxx Progeny smoking and health cases or health-care cost recovery cases that have been tried and remain pending as of September 17December 12, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both. For information on the verdicts in the Xxxxx Progeny cases that have been tried and remain pending as of September 17December 12, 2014, in which verdicts have been returned against RJR Tobacco or B&W, or both, see the Xxxxx Progeny cases chart above. For information on the post-trial status of individual smoking and health cases and the governmental health-care cost recovery case, see “— Individual Smoking and Health Cases,” and “—Health-Care Cost Recovery Cases – U.S. Department of Justice Case,” respectively, below: August 17, 0000 Xxxxxx Xxxxxx v. Xxxxxx Xxxxxx USA, Inc. [Governmental Health-Care Cost Recovery] U.S. District Court, District of Columbia (Washington, DC) RJR Tobacco and B&W were found liable for civil RICO claims; were enjoined from using certain brand descriptors and from making certain misrepresentations; and were ordered to make corrective communications on five subjects, including smoking and health and addiction, to reimburse the U.S. Department of Justice appropriate costs associated with the lawsuit, and to maintain document web sites.