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| IN THE UNITED STATES DISTRICT COURT |
FOR THE SOUTHERN DISTRICT OF NEW YORK
SETTLEMENT AGREEMENT AND ORDER
WHEREAS Plaintiff United States of America having filed its Petition for an Order to Show Cause Why Defendant Rolex Watch U.S.A., Inc. Should Not Be Found in Civil Contempt ("Petition to Show Cause") on February 28, 2006, and Defendant Rolex Watch U.S.A., Inc. ("Rolex"), having consented to the entry of this Settlement Agreement and Order without trial or adjudication of any issue of fact or law herein, and without this Settlement Agreement and Order constituting any evidence against or an admission by Rolex with respect to any allegation contained in the Petition To Show Cause;
AND WHEREAS Rolex agrees to be bound by the provisions of this Settlement Agreement and Order pending its approval by the Court;
NOW, THEREFORE, before the taking of any testimony and without trial or adjudication of any issue of fact or law herein, and upon the consent of the parties hereto, it is hereby
ORDERED, ADJUDGED, and DECREED as follows:
This Court has jurisdiction over the subject matter of this action and each of the parties consenting hereto under 18 U.S.C. § 401(3) and under Section XI of the Final Judgment entered by this Court on March 9, 1960 in United States v. The Watchmakers of Switzerland Information Center, Inc., Trade Reg. Rep. (CCH) ¶ 69,655 (S.D.N.Y. Mar. 9, 1960) ("Final Judgment").II.
APPLICABILITY AND EFFECT
Jurisdiction is retained by this Court for the purpose of enabling any of the parties to this Settlement Agreement and Order to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Settlement Agreement and Order, for the enforcement of compliance herewith, and for the punishment of any violations hereof.
DATED: March 7, 2006