AGREEMENT FOR SETTLEMENT PURPOSES ONLY. This Settlement Agreement is for settlement purposes only. Neither the fact of nor any provision contained herein, nor any negotiations or proceedings related thereto, nor any action taken hereunder shall constitute, or be construed as, any admission of the validity of any claim or any fact alleged by Plaintiffs in Xxxxxxx or in the Xxxxxxx Arbitration, of any wrongdoing, fault, violation of law, breach of contract, or liability of any kind on the part of Defendant or any admission by Defendant of any claim or allegation made in any demand of, action against, or proceeding against Defendant, or as a waiver of any applicable defense, including, without limitation, any applicable statute of limitations. This Settlement Agreement and its exhibits shall not be offered or be admissible in evidence against Plaintiffs or Defendant or the Settlement Class Members in any action or proceeding in any forum for any purpose whatsoever, except any action or proceeding brought to enforce its terms.
AGREEMENT FOR SETTLEMENT PURPOSES ONLY. This Settlement Agreement is for settlement purposes only. The fact of this Settlement Agreement or any provision herein, the negotiations or proceedings related hereto, and any actions taken hereunder shall not constitute or be construed as: (a) any admission of the validity of any claim or any fact alleged by Plaintiff in the Luca Action; (b) any admission of any wrongdoing, fault, violation of law, breach of contract, or liability of any kind on the part of Wyndham Hotels;
AGREEMENT FOR SETTLEMENT PURPOSES ONLY. This Agreement, whether or not consummated, and any actions or proceedings pursuant to this Agreement, are for settlement purposes only. Neither the fact of, nor any provision contained within this Agreement or its Exhibits, nor any action taken hereunder shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiff in the Action or in any other action, or of any wrongdoing, fault, violation of law, unfair or unlawful business practice or other type of liability of any kind on the part of Defendants, or admission by Defendants of any claim or allegation made in this Action or any other action; or as an admission of Plaintiff or Settlement Class Members to the validity of any defense asserted against them in this Action or in any other action.
AGREEMENT FOR SETTLEMENT PURPOSES ONLY. If the Settlement does not become Final for any reason, the parties will be returned to their status immediately prior to execution of this Agreement, such that the parties will be deemed to have preserved all their rights or defenses as of such date, and the parties shall not be deemed to have waived any substantive or procedural rights of any kind that they may have with respect to any Class Members who were not members of the merits class that was certified by the Court as of March 2004 (including, inter alia, the right to oppose or appeal any subsequent certification of any class including such additional persons for trial on the merits, the right to assert affirmative defenses, and the right to move to compel arbitration for any claims that might be asserted by any Class Representative, plaintiff or other Class Member). The Parties shall then immediately request a status conference to set a trial date and deadlines to complete the Court's Pretrial Order procedure.
AGREEMENT FOR SETTLEMENT PURPOSES ONLY. This Agreement is for settlement purposes only, and neither the fact of, nor any provision contained in this Agreement or its exhibits, nor any action taken hereunder, shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiff in this Lawsuit, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of American Family.
AGREEMENT FOR SETTLEMENT PURPOSES ONLY. This Settlement Agreement is for settlement purposes only. Neither the fact of nor any provision contained herein, nor any negotiations or proceedings related thereto, nor any action taken hereunder shall constitute, or be construed as, any admission of the validity of any claim or any fact alleged by Lead Plaintiffs in the Action or of any wrongdoing, fault, violation of law, breach of contract, or liability of any kind on the part of Defendant; any admission by Defendant of any claim or allegation made in any demand of, action against, or proceeding against Defendant; or as a waiver of any applicable defense, including, without limitation, any applicable statute of limitations, the right to challenge class certification, and the right to insist on individual arbitration or litigation of Lead Plaintiffs’ and each Class Member’s dispute. This Settlement Agreement and its exhibits shall not be offered or be admissible in evidence against Lead Plaintiffs or Defendant or Class Members in any action or proceeding in any forum for any purpose whatsoever, except in any action or proceeding brought to enforce its terms.
AGREEMENT FOR SETTLEMENT PURPOSES ONLY
