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Plea Agreement : U.S. v. ABB Middle East & Africa ... - Cartel Digest

Plea Agreement : U.S. v. ABB Middle East & Africa ... - Cartel Digest

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full cooperation (as described in Paragraph 11 of this <strong>Plea</strong> <strong>Agreement</strong>) or otherwisehas violated any other provision of this <strong>Plea</strong> <strong>Agreement</strong>, the United States shallnotify counsel for <strong>ABB</strong> MEA in writing by personal or overnight delivery orfacsimile transmission of its intention to void any of its obligations under this <strong>Plea</strong><strong>Agreement</strong> (except its obligations under this paragraph), and <strong>ABB</strong> MEA and itsparent organization, subsidiaries, and affiliates shall be subject to prosecution forany federal crime of which the United States has knowledge including, but notlimited to, the substantive offenses relating to the investigation resulting in this<strong>Plea</strong> <strong>Agreement</strong>. <strong>ABB</strong> MEA may seek Court review of any determination by theUnited States of a violation of the <strong>Plea</strong> <strong>Agreement</strong>. In the event of any furtherprosecution of <strong>ABB</strong> MEA resulting from a breach of this agreement, <strong>ABB</strong> MEA willnot interpose the statute of limitations as a defense with regard to any period whichpasses after the date of this <strong>Plea</strong> <strong>Agreement</strong>.ENTIRETY OF AGREEMENT20. This <strong>Plea</strong> <strong>Agreement</strong> constitutes the entire agreement between theUnited States and <strong>ABB</strong> MEA concerning the disposition of the criminal charges inthis case. This <strong>Plea</strong> <strong>Agreement</strong> cannot be modified except in writing signed by theUnited States and <strong>ABB</strong> MEA. <strong>ABB</strong> Limited has made certain additionalcommitments in connection with this <strong>Plea</strong> <strong>Agreement</strong>, as reflected in Attachment B.16

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