Agreement Not Evidence. 1. Whether or not the Agreement is terminated, the Parties agree that neither the Agreement, nor anything contained herein, nor any of the negotiations or proceedings connected with it, nor any related document, nor any other action taken to carry out the Agreement shall be referred to, offered as evidence or received in evidence in any current or future civil, criminal, quasi-criminal, regulatory or administrative action or proceeding in any jurisdiction as any presumption, concession or admission: (i) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiff against the Defendants, or the deficiency of any defence that has been or could have been asserted in the Action; (ii) of wrongdoing, fault, neglect or liability by the Defendants; and (iii) 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 8.2(1), this Agreement may be referred to or offered as evidence in a proceeding to approve or enforce the Agreement, to defend against the assertion of Released Claims, and as otherwise required by law.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Agreement Not Evidence. (1. ) Whether or not the Agreement is terminated, the Parties agree that neither the Agreement, nor anything contained herein, nor any of the negotiations or proceedings connected with it, nor any related document, nor any other action taken to carry out the Agreement shall be referred to, offered as evidence or received in evidence in any current or future civil, criminal, quasi-quasi- criminal, regulatory or administrative action or proceeding in any jurisdiction as any presumption, concession or admission:
(ia) of the validity of any claim that has been or could have been asserted in the Action Actions by the Plaintiff against the Defendants, or the deficiency of any defence that has been or could have been asserted in the ActionActions;
(iib) of wrongdoing, fault, neglect or liability by the Defendants; and
(iiic) 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 8.2(1), this the Agreement may be referred to or offered as evidence in a proceeding to approve or enforce the Agreement, to defend against the assertion of Released Claims, and as otherwise required by law.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Agreement Not Evidence. (1. ) Whether or not the Agreement is terminated, the Parties agree that neither the Agreement, nor anything contained herein, nor any of the negotiations or proceedings connected with it, nor any related document, nor any other action taken to carry out the Agreement shall be referred to, offered as evidence or received in evidence in any current or future civil, criminal, quasi-quasi- criminal, regulatory or administrative action or proceeding in any jurisdiction as any presumption, concession or admission:
(ia) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiff against the DefendantsDefendant, or the deficiency of any defence that has been or could have been asserted in the Action;
(iib) of wrongdoing, fault, neglect or liability by the DefendantsDefendant; and
(iiic) 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 8.2(1), this Agreement may be referred to or offered as evidence in a proceeding to approve or enforce the Agreement, to defend against the assertion of Released Claims, and as otherwise required by law.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Agreement Not Evidence. β
(1. ) Whether or not the Agreement is terminated, the Parties agree that neither the Agreement, nor anything contained herein, nor any of the negotiations or proceedings connected with it, nor any related document, nor any other action taken to carry out the Agreement shall be referred to, offered as evidence or received in evidence in any current or future civil, criminal, quasi-criminal, regulatory or administrative action or proceeding in any jurisdiction as any presumption, concession or admission:
(ia) of the validity of any claim that has been or could have been asserted in the Action by the Plaintiff against any of the Defendants, or the deficiency of any defence that has been or could have been asserted in the Action;
(iib) of wrongdoing, fault, neglect or liability by any of the Defendants; and
(iiic) 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 8.2(1)) of the Agreement, this the Agreement may be referred to or offered as evidence in a proceeding to approve or enforce the Agreement, to defend against the assertion of Released Claims, and as otherwise required by law.
Appears in 1 contract
Samples: Settlement Agreement