OWN COSTS.
12.10
LEAD COUNSEL, ON BEHALF OF THE CLASS, ARE EXPRESSLY
AUTHORIZED BY THE LEAD PLAINTIFFS TO TAKE ALL APPROPRIATE ACTION REQUIRED OR
PERMITTED TO BE TAKEN BY THE CLASS PURSUANT TO THE STIPULATION TO EFFECTUATE ITS
TERMS AND ALSO ARE EXPRESSLY
40
AUTHORIZED TO ENTER INTO ANY MODIFICATIONS OR AMENDMENTS TO THE STIPULATION ON
BEHALF OF THE CLASS WHICH THEY DEEM APPROPRIATE.
12.11
EACH COUNSEL OR OTHER PERSON EXECUTING THE STIPULATION
OR ANY OF ITS EXHIBITS ON BEHALF OF ANY PARTY HERETO HEREBY WARRANTS THAT SUCH
PERSON HAS THE FULL AUTHORITY TO DO SO.
12.12
THE 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.
A COMPLETE SET OF ORIGINAL EXECUTED COUNTERPARTS
SHALL BE FILED WITH THE COURT.
12.13
THE STIPULATION SHALL BE BINDING UPON, AND INURE TO
THE BENEFIT OF, THE SUCCESSORS AND ASSIGNS OF THE SETTLING PARTIES.
12.14
THE COURT SHALL RETAIN JURISDICTION WITH RESPECT TO
IMPLEMENTATION AND ENFORCEMENT OF THE TERMS OF THIS STIPULATION, AND ALL PARTIES
HERETO SUBMIT TO THE JURISDICTION OF THE COURT FOR PURPOSES OF IMPLEMENTING AND
ENFORCING THE SETTLEMENT EMBODIED IN THE STIPULATION.
12.15
THIS STIPULATION AND THE EXHIBITS HERETO SHALL BE
CONSIDERED TO HAVE BEEN NEGOTIATED, EXECUTED AND DELIVERED, AND TO BE WHOLLY
PERFORMED, IN THE STATE OF DELAWARE, AND THE RIGHTS AND OBLIGATIONS OF THE
PARTIES TO THE STIPULATION SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH,
AND GOVERNED BY, THE INTERNAL, SUBSTANTIVE LAWS OF THE STATE OF DELAWARE WITHOUT
GIVING EFFECT TO THAT STATE'S CHOICE-OF-LAW PRINCIPLES.
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12.16
WHENEVER NOTICE TO LEAD PLAINTIFFS OR LEAD COUNSEL IS
REQUIRED TO BE GIVEN PURSUANT TO THIS STIPULATION, IT SHALL BE DELIVERED BY BOTH
FACSIMILE AND FEDERAL EXPRESS TO:
KEITH PARK
LERACH, COUGHLIN, STOIA, GELLER,
RUDMAN & ROBBINS LLP
655 W. BROADWAY, SUITE 1900
SAN DIEGO, CA 92101-3301
FAX:
619-231-7423
12.17
WHENEVER NOTICE TO QWEST COMMUNICATIONS INTERNATIONAL
INC. IS REQUIRED TO BE GIVEN PURSUANT TO THIS STIPULATION, IT SHALL BE DELIVERED
BY BOTH FACSIMILE AND FEDERAL EXPRESS TO:
RICHARD N. BAER
GENERAL COUNSEL
QWEST COMMUNICATIONS INTERNATIONAL INC.
1801 CALIFORNIA STREET
SUITE 5200
DENVER, COLORADO 80112
FAX:
303-383-8444
AND
JONATHAN SCHILLER
DAVID BOYD
ALFRED LEVITT
BOIES, SCHILLER & FLEXNER LLP
5301 WISCONSIN AVE., N.W.
WASHINGTON DC 20015
(202) 237-2727 (PHONE)
(202) 237-6131 (FAX)
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12.18
WHENEVER NOTICE TO OTHER SETTLING DEFENDANTS IS
REQUIRED TO BE GIVEN PURSUANT TO THIS STIPULATION, IT SHALL BE DELIVERED BY BOTH
FACSIMILE AND FEDERAL EXPRESS TO THE SIGNATORIES TO THIS STIPULATION OR THEIR
RESPECTIVE COUNSEL.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THE STIPULATION TO BE
EXECUTED, BY THEIR DULY AUTHORIZED ATTORNEYS, DATED AS OF NOVEMBER
, 2005.
BY:
/S/ WILLIAM S. LERACH
BY:
/S/ JONATHAN D. SCHILLER
WILLIAM S. LERACH
JONATHAN D. SCHILLER
PATRICK COUGHLIN
DAVID R. BOYD
KEITH PARK
ALFRED P. LEVITT
MICHAEL J. DOWD
BOIES, SCHILLER & FLEXNER LLP
THOMAS E. EGLER
5301 WISCONSIN AVE, NW
LERACH, COUGHLIN, STOIA, GELLER,
SUITE 800
RUDMAN