BY A WRITING SIGNED BY ALL PARTIES HERETO.
31.
THE HEADINGS HEREIN ARE USED FOR THE PURPOSE OF CONVENIENCE ONLY
AND ARE NOT MEANT TO HAVE LEGAL EFFECT.
32.
THE ADMINISTRATION AND CONSUMMATION OF THE SETTLEMENT AS EMBODIED
IN THIS STIPULATION SHALL BE UNDER THE AUTHORITY OF THE COURT AND THE COURT
SHALL RETAIN JURISDICTION FOR THE PURPOSE OF ENTERING ORDERS PROVIDING FOR
AWARDS OF ATTORNEYS' FEES AND EXPENSES TO PLAINTIFFS' COUNSEL AND ENFORCING THE
TERMS OF THIS STIPULATION.
33.
THE WAIVER BY ONE PARTY OF ANY BREACH OF THIS STIPULATION BY ANY
OTHER PARTY SHALL NOT BE DEEMED A WAIVER OF ANY OTHER PRIOR OR SUBSEQUENT BREACH
OF THIS STIPULATION.
34.
THIS STIPULATION AND ITS EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT
AMONG THE PARTIES HERETO CONCERNING THE SETTLEMENT OF THE ACTION, AND NO
REPRESENTATIONS, WARRANTIES, OR INDUCEMENTS HAVE BEEN MADE BY ANY PARTY HERETO
CONCERNING THIS STIPULATION AND ITS EXHIBITS OTHER THAN THOSE CONTAINED AND
MEMORIALIZED IN SUCH DOCUMENTS.
35.
THIS STIPULATION MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS.
ALL
EXECUTED COUNTERPARTS AND EACH OF THEM SHALL BE DEEMED TO BE ONE AND THE SAME
INSTRUMENT PROVIDED THAT COUNSEL FOR THE PARTIES TO THIS STIPULATION SHALL
EXCHANGE AMONG THEMSELVES ORIGINAL SIGNED COUNTERPARTS.
36.
THIS STIPULATION SHALL BE BINDING UPON, AND INURE TO THE BENEFIT
OF, THE SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO.
37.
THE CONSTRUCTION, INTERPRETATION, OPERATION, EFFECT AND VALIDITY
OF THIS STIPULATION, AND ALL DOCUMENTS NECESSARY TO EFFECTUATE IT, SHALL BE
GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO
CONFLICTS OF LAWS, EXCEPT TO THE EXTENT THAT FEDERAL LAW REQUIRES THAT FEDERAL
LAW GOVERNS.
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38.
THIS STIPULATION SHALL NOT BE CONSTRUED MORE STRICTLY AGAINST ONE
PARTY THAN ANOTHER MERELY BY VIRTUE OF THE FACT THAT IT, OR ANY PART OF IT, MAY
HAVE BEEN PREPARED BY COUNSEL FOR ONE OF THE PARTIES, IT BEING RECOGNIZED THAT
IT IS THE RESULT OF ARM'S-LENGTH NEGOTIATIONS BETWEEN THE PARTIES AND ALL
PARTIES HAVE CONTRIBUTED SUBSTANTIALLY AND MATERIALLY TO THE PREPARATION OF THIS
STIPULATION.
39.
ALL COUNSEL AND ANY OTHER PERSON EXECUTING THIS STIPULATION AND
ANY OF THE EXHIBITS HERETO, OR ANY RELATED SETTLEMENT DOCUMENTS, WARRANT AND
REPRESENT THAT THEY HAVE THE FULL AUTHORITY TO DO SO AND THAT THEY HAVE THE
AUTHORITY TO TAKE APPROPRIATE ACTION REQUIRED OR PERMITTED TO BE TAKEN PURSUANT
TO THE STIPULATION TO EFFECTUATE ITS TERMS.
40.
CLASS PLAINTIFFS' COUNSEL AND SETTLING DEFENDANTS' COUNSEL AGREE
TO COOPERATE FULLY WITH ONE ANOTHER IN SEEKING COURT APPROVAL OF THE ORDER FOR
NOTICE AND HEARING, THE STIPULATION AND THE SETTLEMENT, AND TO PROMPTLY AGREE
UPON AND EXECUTE ALL SUCH OTHER DOCUMENTATION AS MAY BE REASONABLY REQUIRED TO
OBTAIN FINAL APPROVAL BY THE DISTRICT COURT OF THE SETTLEMENT.
Dated:
By:
David R. Scott (ct16080)
SCOTT + SCOTT LLC
108 Norwich Ave,
Colchester CT 06415
Dated:
By:
Jacob B. Perkinson
JOHNSON & PERKINSON
1690 Williston Road
South Burlington, VT 05403
Attorneys for Class Plaintiffs
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Dated:
By
Daniel Slifkin (ct21203)
CRAVATH, SWAINE &