Agreement Not Evidence or Presumption. (1) This Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, discussions, documents, communications, and proceedings associated with this Settlement Agreement, shall not be referred to, offered as evidence or received in evidence in any pending or future civil, quasi-criminal, criminal or administrative action or disciplinary investigation or proceeding in any jurisdiction:
(a) against the Defendant, as evidence, or a presumption of a concession or admission of anything set out in s. 10.1(2)(a); or
(b) against the Plaintiffs, Class Counsel, or the Class, as evidence, or a presumption, of a concession or admission of anything set out in s. 10.1(2)(b).
Agreement Not Evidence or Presumption. (1) This Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, discussions, documents, communications, and proceedings associated with this Settlement Agreement, shall not be referred to, offered as evidence or received in evidence in any pending or future civil, quasi-criminal, criminal or administrative action or disciplinary investigation or proceeding in any jurisdiction as evidence, a presumption, concession, or admission of anything save as set out in section 8.2(2).
(2) Notwithstanding section 8.2(1), this Settlement Agreement may be referred to or offered as evidence:
(a) to obtain the Orders or directions from the Court contemplated by this Settlement Agreement;
(b) in a proceeding to enforce the Settlement Agreement;
(c) to defend against the assertion of Released Claims; or
(d) as required by law.
Agreement Not Evidence or Presumption. (1) The Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, documents, discussions, communications, and proceedings associated with this Settlement Agreement, and any action taken to implement the Settlement Agreement, shall not be referred to, offered as evidence or received as evidence in any pending or future civil, criminal, quasi-criminal, administrative action, disciplinary investigation or proceeding in any jurisdiction:
(a) against the Defendants, as evidence, or as a presumption, concession or admission of anything set out in subsection 10.1(2)(a); or
(b) against the Plaintiff, Class Counsel, or the Class, as evidence, or a presumption, concession, or admission:
(i) of any weakness in the claims of the Plaintiff and the Class; or
(ii) that the consideration to be given hereunder represented the amount that could or would have been recovered from the Defendants after trial of the Action.
(2) Notwithstanding subsection 10.2(1), this Settlement Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Settlement Agreement, in a proceeding to approve and/or enforce this Settlement Agreement, to defend against the assertion of Released Claims, in any coverage litigation or proceeding involving the Releasees, or as otherwise required by law.
Agreement Not Evidence or Presumption.
(1) This Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, discussions, documents, communications, and proceedings associated with this Settlement Agreement, shall not be referred to, offered as evidence or received in evidence in any pending or future civil, quasi-criminal, criminal or administrative action or disciplinary investigation or proceeding in any jurisdiction:
(a) against the Defendant, as evidence, or a presumption of a concession or admission of anything set out in s. 10.1(2)(a); or
(b) against the Plaintiffs, Class Counsel, or the Class, as evidence, or a presumption, of a concession or admission:
(i) of any weakness in the claims of the Plaintiffs and the Class; or
(ii) that the consideration to be given hereunder represented the amount that could or would have been recovered from the Defendant after trial of the Actions.
Agreement Not Evidence or Presumption. This Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, discussions, documents, communications, and proceedings associated with this Settlement Agreement, shall not be referred to, offered as evidence or received in evidence in any pending or future civil, quasi-criminal, criminal or administrative action or disciplinary investigation or proceeding in any jurisdiction:
Agreement Not Evidence or Presumption. (1) This Settlement Agreement, whether or not it is implemented, and anything contained herein, and any and all negotiations, discussions, documents, communications, and proceedings associated with this Settlement Agreement, shall not be referred to, offered as evidence or received in evidence in any pending or future civil, quasi-criminal, criminal or administrative action or disciplinary investigation or proceeding in any jurisdiction:
(a) against the CIBC Defendants, as evidence, or a presumption of a concession or admission of anything set out in s. 10.1(2)(a); or
(b) against the Plaintiff, Class Counsel, or the CIBC Class Members, as evidence, or a presumption, of a concession or admission of anything whatsoever; or
(c) against parties to any other proceedings, whether class action or otherwise.
