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<br />18 <br /> <br /> <br />court proceedings resulting in a modified judgment of the Court. For purposes of modifying <br />this Agreement or the Consent Judgment, Janssen may contact the Washington Attorney <br />General to coordinate this process. <br />S. Termination. <br />1. Unless otherwise agreed to by Janssen and the State, this Agreement and all of its <br />terms (except subsection XI.L and any other non-admissibility provisions, which <br />shall continue in full force and effect) shall be canceled and terminated with respect <br />to the State, and the Agreement and all orders issued by the Court pursuant to the <br />Agreement shall become null and void and of no effect if one or more of the <br />following conditions applies: <br />a. A Consent Judgment approving this Agreement without modification of any <br />of the Agreement’s terms has not been entered as to the State by a court of <br />competent jurisdiction on or before one hundred eighty (180) days after <br />Janssen’s payment under Section V; or <br />b. This Agreement or the Consent Judgment has been disapproved by a court of <br />competent jurisdiction to which it was presented for approval and/or entry <br />(or, in the event of an appeal from or review of a decision of such a court to <br />approve this Agreement and the Consent Judgment, by the court hearing such <br />appeal or conducting such review), and the time to appeal from such <br />disapproval has expired, or, in the event of an appeal from such disapproval, <br />the appeal has been dismissed or the disapproval has been affirmed by the <br />court of last resort to which such appeal has been taken and such dismissal or <br />disapproval has become no longer subject to further appeal (including, <br />without limitation, review by the United States Supreme Court). <br />2. If this Agreement is terminated with respect to the State and its Participating <br />Subdivisions for whatever reason pursuant to subsection XI.S.1, then: <br />a. An applicable statute of limitation or any similar time requirement (excluding <br />any statute of repose) shall be tolled from the date the State signed this <br />Agreement until the later of the time permitted by applicable law or for one <br />year from the date of such termination, with the effect that Janssen and the <br />State in question shall be in the same position with respect to the statute of <br />limitation as they were at the time the State filed its action; and <br />b. Janssen and the State and its Participating Subdivisions shall jointly move the <br />relevant court of competent jurisdiction for an order reinstating the actions <br />and claims dismissed pursuant to the terms of this Agreement governing <br />dismissal, with the effect that Janssen and the State and its Participating <br />Subdivisions shall be in the same position with respect to those actions and <br />claims as they were at the time the action or claim was stayed or dismissed.