#Consent judgment plus
The Consent Judgment shall provide for an amount due from Apex of one hundred thousand dollars ($100,000), plus any outstanding amount which remains due and owing under this Agreement at the time of the default, plus post- judgment interest at the rate of five- percent (5%) per annum, plus all attorneys’ fees and costs necessary to obtain and collect the Consent Judgment. During the time payments continue to be owed in accordance with the schedule set forth in Subsection (a) of this Section, the Consent Judgment shall be held in escrow by Trenk, DiPasquale, Webster, Della Fera & Sodono, P.C., Attorneys for the Township. For the avoidance of doubt, even though certain of the MJ Parties were not signatories to the Consent Judgment, all of the MJ Parties hereby agree to be bound by the terms thereof in the same manner as the MJ Parties that are signatories to the Consent Judgment.Ĭonsent Judgment. Simultaneously with the execution of this Agreement, the Parties shall also execute a Consent Judgment.
The MJ Parties (for themselves and their officers, directors, principals, agents, shareholders, successors and assigns) each agree and acknowledge that the Consent Judgment and this Agreement (and all obligations under the Consent Judgment and this Agreement) are fully effective and enforceable by their terms and that the MJ Parties ( individually and collectively) have no claims, defenses, offsets or counterclaims to the Consent Judgment or this Agreement (or any obligations under the Consent Judgment or the Agreement). Without limiting the Consent Judgment, or the obligations, covenants, representations and warranties of the MJ Parties under this Agreement, the MJ Parties agree that the statements set forth on Exhibit B (such statements, collectively, the “ Stipulated Facts”) hereto are true and accurate and shall have the same force and effect as if made in the Consent Judgment. Each of Applera and Roche shall have the right to rescind this Agreement and Applera shall have the right to rescind the TCSA if the Consent Judgment is not entered by the District Court without modification, unless any such proposed modification is acceptable to Applera and Roche. The Parties hereby agree to the Consent Judgment and will within five (5) business days after the date of execution of this Agreement submit the Consent Judgment to the District Court for entry in the Connecticut Litigation.
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