|BARBARA J. NELSON |
PHILLIP R. MALONE
CARLA G. ADDICKS
U.S. Department of Justice
450 Golden Gate Avenue
Box 36046, 10th Floor
San Francisco, California 94102-3478
Attorneys for the United States
IN THE UNITED STATES DISTRICT COURT
It is stipulated by and between the undersigned parties, by their respective attorneys, that:
1. The Court has jurisdiction over the subject matter of this action and over each of the parties thereto, and venue of this action is proper in the Northern District of California;
2. The parties consent that a Final Judgment in the form hereto attached may be filed and entered by the Court, upon the motion of any party or upon the Court's own motion, at any time after compliance with the requirements of the Antitrust Procedures and Penalties Act (15 U.S.C. § 16), and without further notice to any party or other proceedings, provided that plaintiff United States has not withdrawn its consent, which it may do at any time before the entry of the proposed Final Judgment by serving notice thereof on the defendant and by filing that notice with the Court. The parties represent that they have full authority to enter into this Stipulation.
3. In the event plaintiff United States withdraws its consent or if the proposed Final Judgment is not entered pursuant to this Stipulation, this Stipulation shall be of no effect whatever and the making of this Stipulation shall be without prejudice to any party
in this or any other proceeding.
4. The parties agree that the Final Judgment resolves all disputes between the parties as to the most favored nation clause and disclosure of the maximum allowable fees. Plaintiff will not institute further investigation of ODS with regard to the most favored nation clause or disclosure of maximum allowable fees so long as ODS remains in compliance with the terms of the Final Judgment, except for the purposes of determining or securing compliance with the Final Judgment.
5. ODS agrees to comply with the provisions of the Final Judgment pending entry of the Final Judgment.