2. aaa hereby agrees that it or its designee shall make payment to bbb as provided in the preceding clause. moreover, aaa agrees that it will bear the cost of the telegraphic transfer handling charges.
section 4. allocation of settlement proceeds. based upon discussions between the parties regarding the customer information disclosed to aaa or its designee pursuant to section 1.4 of this agreement, the parties will decide by _________(m,d,y) the particular breakdown of how the settlement proceeds will be allocated among the various matters (the 'final allocation'). furthermore, in accordance with the final allocation as determined hereinabove, aaa or its designee and bbb by _________(m,d,y) shall prepare and conclude a settlement agreement relating to the sale of bbb's customer list, goodwill, etc. to aaa or its designee ('customer list settlement agreement') and a settlement agreement relating to jva and mda termination claims, if any ('termination settlement agreement'). the settlement proceeds payable to bbb by aaa pursuant to this agreement shall be allocated respectively to the customer list settlement agreement and the termination settlement agreement pursuant to the final allocation determined hereinabove. if the final allocation of settlement proceeds results in an increase in any governmental taxes, duties, licenses, fees, excises, or tariffs now or hereafter imposed on the payment of the settlement proceeds, such charges shall be paid by the party obligated by law to make such payment, or in lieu thereof, the party obligated by law to make such payment shall provide an exemption certificate acceptable to the other party and the applicable authority. if revenue stamps are required under _________(placename)ese law to be affixed to this agreement, the parties shall be required to bear the cost of such stamps for the copy in their possession. each party shall be responsible for all costs and expenses incurred on its behalf, including but not limited to attorneys fees, related to this agreement and the negotiations and consultations leading up to the formation of this agreement.
section 5. law governing. this settlement agreement shall be governed by and construed in accordance with the laws of _________(placename). the parties hereto hereby agree that any suits brought hereunder shall be brought in the tokyo district court in tokyo, _________(placename), which will have sole and exclusive jurisdiction for the first instance.
section 6. attorney fees. in the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys fees.