Agreement Not Evidence. (1) The Parties agree that, whether or not it is terminated, unless otherwise agreed, this Agreement and anything contained herein, any and all negotiations, documents, discussions and proceedings associated with this Agreement, and any action taken to implement this Agreement, shall not be referred to, offered as evidence or received as evidence or interpreted in this Action or in any other current or future civil, criminal, quasi-criminal, administrative action, disciplinary investigation or other proceeding as any presumption, concession or admission: (a) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiffs against the Defendants, or the deficiency of any defence that has been or could have been asserted in the Action; (b) of wrongdoing, fault, neglect or liability by the Defendants; and (c) that the consideration to be given hereunder represents the amount that could be or would have been recovered in the Action after trial. (2) Notwithstanding section 7.2(1), this Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Agreement, in a proceeding to approve or enforce this Agreement, to defend against the assertion of Released Claims, in any coverage litigation or proceeding, between or among the Defendants and their insurers, or as otherwise required by law.
Appears in 5 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Agreement Not Evidence. (1) The Parties agree that, whether Whether or not it the Agreement is terminated, unless otherwise agreedthe Plaintiffs and Settling Defendants agree that neither the Agreement, this Agreement and nor anything contained herein, nor any and all negotiationsof the negotiations or proceedings connected with it, documentsnor any related document, discussions and proceedings associated with this Agreement, and nor any other action taken to implement this Agreement, carry out the Agreement shall not be referred to, offered as evidence or received as in evidence or interpreted in this Action or in any other current or future civil, criminal, quasi-criminal, regulatory or administrative action, disciplinary investigation action or other proceeding in any jurisdiction as any presumption, concession or admission:
(a) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiffs against the Settling Defendants, or the deficiency of any defence that has been or could have been asserted in the this Action;
(b) of wrongdoing, fault, neglect or liability by the Settling Defendants; and
(c) that the consideration to be given hereunder represents the amount that could be or would have been recovered in the this Action after trial.
(2) Notwithstanding section 7.2(18.2(1), this the Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Agreement, in a proceeding to approve or enforce this the Agreement, to defend against the assertion of Released Claims, in any coverage litigation or proceeding, between or among the Defendants and their insurers, or as otherwise required by law.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Agreement Not Evidence. (1) The Parties agree that, whether or not it is terminated, unless otherwise agreed, this Agreement and anything contained herein, any and all negotiations, documents, discussions and proceedings associated with this Agreement, and any action taken to implement this Agreement, shall not be referred to, offered as evidence or received as evidence or interpreted in this Action or in any other current or future civil, criminal, quasi-quasi- criminal, administrative action, disciplinary investigation or other proceeding as any presumption, concession or admission:
(a) of the validity of any claim that has been or could have been asserted in the Action Actions by the Plaintiffs Plaintiff against the Defendants, or the deficiency of any defence that has been or could have been asserted in the ActionActions;
(b) of wrongdoing, fault, neglect or liability by the Defendants; and
(c) that the consideration to be given hereunder represents the amount that could be or would have been recovered in the Action Actions after trial.
(2) Notwithstanding section Section 7.2(1), this Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court Courts contemplated by this Agreement, in a proceeding to approve or enforce this Agreement, to defend against the assertion of Released Claims, in any coverage litigation or proceeding, between or among SNC, any Individual Defendants, any other past, present or future directors or officers of SNC on the Defendants one hand, and their the Defendants’ insurers, on the other hand, or as otherwise required by law.
Appears in 2 contracts
Samples: Securities Litigation Settlement Agreement, Securities Litigation Settlement Agreement
Agreement Not Evidence. (1) The Parties agree that, whether Whether or not it the Agreement is terminated, unless otherwise agreedthe Plaintiff and the Imperial Defendants agree that neither the Agreement, this Agreement and nor anything contained herein, nor any and all negotiationsof the negotiations or proceedings connected with it, documentsnor any related document, discussions and proceedings associated with this Agreement, and nor any other action taken to implement this Agreement, carry out the Agreement shall not be referred to, offered as evidence or received as in evidence or interpreted in this Action or in any other current or future civil, criminal, quasi-criminal, regulatory or administrative action, disciplinary investigation action or other proceeding in any jurisdiction as any presumption, concession or admission:
(a) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiffs Plaintiff against the Defendants, or the deficiency of any defence that has been or could have been asserted in the this Action;
(b) of wrongdoing, fault, neglect or liability by the Defendants; and
(c) that the consideration to be given hereunder represents the amount that could be or would have been recovered in the this Action after trial.
(2) Notwithstanding section 7.2(1), this the Agreement may be referred to or offered as evidence in order to obtain the orders or directions from the Court contemplated by this Agreement, in a proceeding to approve or enforce this the Agreement, to defend against the assertion of Released Claims, in any coverage litigation or proceeding, between or among the Defendants and their insurers, or as otherwise required by law.
Appears in 1 contract
Samples: Settlement Agreement