Common use of Litigation; Liabilities Clause in Contracts

Litigation; Liabilities. The sum of the aggregate Litigation Payments plus Reserves in respect of Litigation Liabilities does not, and is not reasonably expected to, exceed $400,000,000 (including $90,000,000 (calculated on a present value basis) of payments to the Department of Justice); PROVIDED that it is understood that all other Litigation Payments and Reserves will be calculated on a gross dollar basis for purposes of determining the accuracy of this representation.