Compromise of Disputed Claims. This Settlement Agreement represents a compromise of disputed claims between the Settling Parties after arm's-length negotiations. The Settling Parties have reached this Settlement Agreement after taking into account the possibility that each Settling Party may or may not prevail on any given issue. The Settling Parties assert that this Settlement Agreement is reasonable, consistent with law, and in the public interest.
Compromise of Disputed Claims. The parties acknowledge and agree that this Agreement is not, and shall not in any way be construed as, a presumption, concession, or admission by any of the parties of any fault, liability, wrongdoing, damages, or any unlawful or wrongful conduct as to any facts or claims that have been or might have been alleged in any action or proceeding whatsoever relating to the Covered Conduct. The parties acknowledge and agree that this Agreement is the compromise of disputed claims and has been entered into to avoid the time, burden, expense, distraction, uncertainty, and inconvenience of litigation. The provisions of this Settlement Agreement shall not be invoked, offered, or received in evidence, or otherwise used by any person in any action or proceeding, whether civil, criminal, or administrative, except in connection with a proceeding to enforce the terms of this Agreement.
Compromise of Disputed Claims. This Agreement represents a compromise of disputed claims between the Parties. The Parties have reached this Agreement after taking into account the possibility that each Party may or may not prevail on any given issue. The Parties assert that this Agreement is reasonable, consistent with law and in the public interest.
Compromise of Disputed Claims. This Agreement is a compromise of disputed claims and shall never at any time or for any purpose be considered an admission of any liability or responsibility on the part of any Party; nor shall the furnishing of any consideration for the execution of this Agreement constitute or be construed as an admission of any liability whatsoever by either Party.
Compromise of Disputed Claims. The Parties acknowledge that this is a compromise and settlement and that this Severance Benefit is to provide severance compensation to Executive and to avoid the potential expense and inconvenience of litigation, and that neither party admits any liability with respect to the foregoing, and in fact, each party expressly denies liability with respect thereto. In no event shall anything contained herein be construed as an admission of liability on the part of any of the parties hereto or any other persons released from liability herein.
Compromise of Disputed Claims. The Parties acknowledge and agree that this Agreement is in compromise and settlement of all disputes between them and that nothing contained in this Agreement constitutes or will be treated as an admission of liability or wrongdoing by any party.
Compromise of Disputed Claims. The Parties agree and understand that this Agreement and the releases contained herein are a compromise of doubtful and disputed claims, and the Parties, in compromising, do not admit but specifically deny liability to each other and intend merely to avoid any further dispute or litigation with respect to all claims hereby released.
Compromise of Disputed Claims. The Parties acknowledge that this is a compromise and settlement and that this Change in Control Payment is to provide severance compensation to Executive and to avoid the potential expense and inconvenience of litigation, and that neither party admits any liability with respect to the foregoing, and in fact, each party expressly denies liability with respect thereto. In no event shall anything contained herein be construed as an admission of liability on the part of any of the parties hereto or any other persons released from liability herein.
Compromise of Disputed Claims. Each party understands and agrees that this settlement is in compromise of doubtful and disputed claims; that no covenant herein is to be construed as an admission of liability on the part of any party hereby released; that each party hereby released denies any liability for such claims; and that each party intends merely to resolve the disputed claims between them without further litigation.
Compromise of Disputed Claims.
16.1. Wyndham Hotels has denied and continues to deny that its disclosure of Resort Fees is or was false, deceptive, or misleading to consumers or violates any legal requirement, including but not limited to, the allegations that Wyndham Hotels engaged in unfair, unlawful, fraudulent, or deceptive trade practices, breached an express warranty, or was unjustly enriched. Wyndham Hotels further denies that any action or inaction alleged in the operative complaint caused any harm or damages or can be pursued on a class-wide basis over Wyndham Hotels’ objection.
16.2. Wyndham Hotels is entering into this Settlement Agreement as a compromise of disputed claims solely because the Settlement will eliminate the uncertainty, distraction, burden, and expense of further litigation. The provisions contained in this Settlement Agreement and the manner or amount of relief provided to Settlement Class Members herein shall not be deemed a presumption, concession, or admission by Wyndham Hotels of any fault, liability, wrongdoing, harm or damages as to any facts or claims that have been or might be alleged or asserted in the Luca Action, or in any other action or proceeding that has been, will be, or could be brought, and shall not be interpreted, construed, deemed, invoked, offered, or received into evidence or otherwise used by any person in any action or proceeding, whether civil, criminal, or administrative, for any purpose other than as provided expressly herein.
16.3. In the event that the Court does not approve this Settlement Agreement through a Final Judgment substantially in the form jointly submitted by the Parties as required in this Agreement (or in a modified form mutually acceptable to the Parties), or this Settlement Agreement is terminated or fails to become effective or Final in accordance with its terms, Plaintiff and Wyndham Hotels shall be restored to their respective positions in the Luca Action as of the date hereof. In such event, the terms and provisions of this Settlement Agreement shall have no further force and effect, shall be void ab initio, and shall not be used in the Luca Action or in any other proceeding or for any purpose, and the Parties will jointly make an application requesting that any judgment entered by the Court in accordance with the terms of this Settlement Agreement shall be treated as vacated, nunc pro tunc.
