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On behalf of Irving, to. Walter J. Spak, Esq. On behalf of Port Hawkesbury, to. Peggy A. Clarke, Esq. Law Offices of Peggy A. Benefit of Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the respective successors and assigns of the Parties hereto, provided that neither Petitioner on the one hand, nor any Respondent on the other hand, may assign or transfer any of its interest hereunder, directly or indirectly, to any other person or entity without the consent of the other which shall not be unreasonably withheld, such assignments being null and void and of no force and effect.

This paragraph shall not in any way restrict any Party from selling all or substantially all of its assets or otherwise participating in a merger or change of control transaction, provided that in any such transaction such Party will require the acquiring or merger counterparty as a condition to such transaction to agree to be bound by this Agreement.

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Entire Agreement and Construction. The Parties agree that they have jointly participated in the drafting and preparation of this Agreement, that each Party has had the opportunity to have this Agreement reviewed and commented upon by its legal counsel and that the language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties hereto.

The delay or failure on the part of any Party to insist, in any one instance or more, upon strict performance of any of the terms or conditions of this Agreement, or to exercise any right or privilege herein conferred shall not be construed as a waiver of any such terms, conditions, rights or privileges but the same shall continue and remain in full force and effect. All rights and remedies are cumulative. Party of the confidential nature of the Confidential Information, and who agree to abide by the terms of this Section.

In the event that a Party or anyone to whom such Party transmits the Confidential Information pursuant to this Section becomes legally or regulatorily compelled or required by oral questions, interrogatories, request.

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If such Party does not obtain reliable assurance that confidential treatment will be accorded to such Confidential Information, such Party will provide the other Parties with prompt written notice so that the other Parties may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Section. In addition, a party may disclose any of the Confidential Information for purposes of complying with United States Securities and Exchange Commission and stock exchange listing requirements to the extent advised by its external counsel that such disclosure is legally required.

Each Party acknowledges and agrees that the other Parties would not have an adequate remedy at law and would be irreparably harmed in the event that any of the provisions of this Section were not performed in accordance with their specific terms or were otherwise breached.

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Accordingly, each Party agrees that the other Parties shall be entitled to injunctive relief to prevent breaches of this Section and to specifically enforce the terms and provisions hereof, in addition to any other remedy to which the other Parties may be entitled, at law or in equity. Christopher DiSantis. Ross Langley. Case No. Total Pages:. Changed Circumstances Review. The Honorable Wilbur L. Ross, Jr. Secretary of Commerce. Attention Enforcement and Compliance. Department of Commerce. Re: Supercalendered Paper from Canada. Dear Secretary Ross:.

In accordance with 19 U. In accordance with 19 C. Escrow Agreement. The U. Producer, the U. Establishment of Accounts. Producer and each of the U. In accordance with paragraph Importers has filed with the U. Government to deliver the Fund Contributions to the Escrow Agent. The Escrow Agent has completed the Forms attached hereto as Exhibit 3 in accordance with the instructions given to the Escrow Agent by the U.

Importers and the U. Producer and, at the direction of the U. Importers have filed such Forms with the U. Each of the U. Importers also has granted the Escrow Agent an irrevocable power of attorney, attached hereto as Exhibit 4 , to receive, endorse and deposit all Fund Contributions into the appropriate escrow account. One account is hereby established to hold, on behalf of and for the benefit of the U. Producer and the U. The Fund Contributions shall be disbursed by the Escrow Agent only in accordance with the terms and conditions set forth in this Escrow Agreement.

Producer and the applicable U. Each disbursement shall be accompanied by a. On the date of each disbursement, the Escrow Agent shall distribute to counsel for the Parties compact discs containing images of each check received by the Escrow Agent for deposit into the Accounts during the immediately preceding month and images of each Courtesy Notice of Liquidation received by the Escrow Agent during the immediately preceding month.

Each U. Importer hereby consents and agrees to the distribution in confidence by the Escrow Agent of such Courtesy Notices of Liquidation to counsel for the other Parties hereto. Producer, any remaining amounts received by the Escrow Agent for that Canadian Producer shall be transferred promptly to the U. Importers of that producer. Producer from the refunds owed to that individual Canadian Producer. Importers, set forth in Exhibit 1 and, in the case of disbursements to the U. Producer, set forth in Exhibit 5, as applicable. Producer and each U. Importer who receives a disbursement of earnings on investments during any calendar year in which this Escrow Agreement shall be in effect.

In connection therewith, the U. Importer has provided its taxpayer identification number on the signature pages attached hereto and provided the Escrow Agent with an executed IRS Form W Except for the delivery of Form s, the Escrow Agent shall have no duty to prepare or file any Federal, state or other tax return or report with respect to the Accounts or any earnings thereon.

Fees and Indemnification. Producer and U. All such escrow fees and costs will be split one third For the purposes hereof:. Upon the written request of an Indemnified Party, the U. Importers jointly and severally agree to assume the investigation and defense of any Claim, including the employment of counsel reasonably acceptable to the applicable Indemnified Party and the payment of all expenses related thereto and, notwithstanding any such assumption, the Indemnified Party shall have the right, and the U.

Importers jointly and severally agree to pay the reasonably documented cost and expense thereof, to employ separate counsel with respect to any such Claim and participate in the investigation and defense thereof in. Resignation and Removal.

Such resignation shall be effective on the date set forth in such written notice, which shall be no earlier than 60 days after such written notice has been given, provided that such resignation shall not take effect until the appointment of a successor escrow agent and its assumption of the obligations of the Escrow Agent under this Escrow Agreement.

The Escrow Agent shall have no responsibility for the appointment of a successor escrow agent. Importers also may remove the Escrow Agent by providing written notice signed by the U. Such removal shall be effective on the date set forth in such written notice which shall be no earlier than 60 days after such written notice has been given, provided that such removal shall not take effect until the appointment of a successor escrow agent and its assumption of the obligations of the Escrow Agent under this Escrow Agreement.

This Escrow Agreement shall be effective beginning on the date hereof and shall remain in effect until receipt by the Escrow Agent of written notice signed by all of the other Parties hereto of their mutual agreement to terminate this Escrow Agreement. Upon termination of this Escrow Agreement, the Escrow Agent shall disburse any amounts remaining on deposit in each Escrow Account in accordance with this Escrow Agreement.

Governing Law and Dispute Resolution. This right to arbitrate, and proceed by consolidated arbitration, the disputes, claims or controversies under this Escrow Agreement or the Settlement Agreement shall survive the termination of this Escrow Agreement and the Settlement Agreement. That Party also shall send a copy of the Arbitration Demand to the other Parties. Upon any Arbitration Demand, and unless the Parties promptly agree to another method of appointing the arbitrators, three arbitrators shall be appointed by the ICC, which shall nominate one of the arbitrators to be the chairman.

Such consolidation applies to any Arbitration Demand filed subsequent to any prior Arbitration Demand as long as the arbitration tribunal under the arbitration provisions of this Escrow Agreement or the Settlement Agreement shall be constituted. The Parties hereby irrevocably waive any challenge or other objection to the consolidated arbitration provisions of this Escrow Agreement or the Settlement Agreement or the effects thereof as well as any challenge or other objection to any arbitration tribunal so constituted on any ground concerning consolidation.

The Parties do not intend or agree by this provision to authorize a class action or a mass action.