PROVIDED ABOVE
("ALTERNATIVE JUDGMENT") AND NONE OF THE PARTIES HERETO ELECT TO TERMINATE THIS
SETTLEMENT, THE DATE THAT SUCH ALTERNATIVE JUDGMENT BECOMES FINAL AND NO LONGER
SUBJECT TO APPEAL OR REVIEW.
24.
DEFENDANTS OR LEAD PLAINTIFFS SHALL HAVE THE RIGHT TO TERMINATE
THE SETTLEMENT AND THEREBY THIS STIPULATION BY PROVIDING WRITTEN NOTICE OF THEIR
ELECTION TO DO SO ("TERMINATION NOTICE") TO ALL OTHER PARTIES HERETO WITHIN
THIRTY (30) DAYS OF:
(A) THE COURT'S DECLINING TO ENTER
THE ORDER FOR NOTICE AND HEARING IN ANY MATERIAL RESPECT; (B) THE COURT'S
REFUSAL TO APPROVE THIS SETTLEMENT AS SET FORTH IN THIS STIPULATION OR ANY
MATERIAL PART OF IT; (C) THE COURT'S DECLINING TO ENTER THE JUDGMENT IN ANY
MATERIAL RESPECT; (D) THE DATE UPON WHICH THE JUDGMENT IS MODIFIED OR REVERSED
IN ANY MATERIAL RESPECT BY THE COURT OF APPEALS OR THE SUPREME COURT; OR (E) THE
DATE UPON WHICH AN ALTERNATIVE JUDGMENT IS MODIFIED OR REVERSED IN ANY MATERIAL
RESPECT BY THE COURT OF APPEALS OR THE SUPREME COURT.
25.
EXCEPT AS OTHERWISE PROVIDED HEREIN, IN THE EVENT THE SETTLEMENT
IS TERMINATED, THEN THE PARTIES TO THIS STIPULATION SHALL BE RESTORED TO THEIR
RESPECTIVE STATUS IN THE ACTION AS OF DECEMBER 7, 2007 AND, EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED, THE PARTIES SHALL PROCEED IN ALL RESPECTS AS IF THIS
STIPULATION AND ANY RELATED ORDERS HAD NOT BEEN ENTERED.
FURTHERMORE, THE
ESCROW AGENT SHALL PAY FROM THE ESCROW ACCOUNT THE SUM OF (A) AN AMOUNT EQUAL TO
THAT PORTION OF THE SETTLEMENT AMOUNT PREVIOUSLY PAID BY BIOVAIL AND THE
INSURERS TO THE ESCROW AGENT AS AGENT FOR THE CLASS; AND (B) AN AMOUNT EQUAL TO
ANY INTEREST OR OTHER INCOME EARNED THEREON; LESS THE SUM OF (C) AN AMOUNT EQUAL
TO ANY TAXES PAID OR DUE WITH RESPECT TO SUCH INCOME; AND (D) AN AMOUNT EQUAL TO
COSTS OF ADMINISTRATION AND NOTICE ACTUALLY INCURRED AND PAID OR PAYABLE FROM
THE SETTLEMENT AMOUNT, TO BIOVAIL OR THE INSURERS (AS THE CASE MAY BE).
FOR
GREATER CERTAINTY, THE AMOUNT TO BE PAID TO BIOVAIL AND EACH OF THE INSURERS
WILL BE AN AMOUNT EQUAL TO THE SUM OF EACH PAYOR'S PRO-RATA SHARE OF (A) AND
(B) IN THE PRECEDING SENTENCE, LESS EACH PAYOR'S PRO-RATA SHARE OF (C) IN THE
PRECEDING SENTENCE.
THE AMOUNT IN (D) SHALL BE TREATED AS A DEFENSE COST TO BE
DEDUCTED FROM THE PAYMENT DUE TO THE INSURER THEN RESPONSIBLE FOR PAYING OR
ADVANCING DEFENSE COSTS.
SUCH PAYMENTS WILL BE MADE WITHIN THIRTY (30) DAYS OF
TERMINATION.
IT SHALL BE DEFENDANTS' RESPONSIBILITY TO TIMELY NOTIFY THE ESCROW
AGENT WHAT THE PRO-RATA SHARE OF EACH PAYOR WAS AND WHICH INSURER'S PAYMENT IS
TO BE REDUCED BY THE AMOUNT IN (D).
NO ADMISSION OF WRONGDOING
26.
THIS STIPULATION, WHETHER OR NOT CONSUMMATED OR TERMINATED, AND
ANY PROCEEDINGS TAKEN PURSUANT TO IT:
(A)
SHALL NOT BE OFFERED OR RECEIVED AGAINST ANY OF THE DEFENDANTS AS
EVIDENCE OF OR CONSTRUED AS OR DEEMED TO BE EVIDENCE OF ANY PRESUMPTION,
CONCESSION, OR ADMISSION