Common use of Defendants’ Denial of Wrongdoing and Liability Clause in Contracts

Defendants’ Denial of Wrongdoing and Liability. Throughout the course of the Action, and in this Stipulation, Defendants have denied and continue to deny each, any and all allegations of wrongdoing, fault, liability or damage whatsoever that have or could have been asserted in the Action. Defendants have also denied and continue to deny, inter alia, the allegations and claims that have been or could have been asserted by Lead Plaintiff, as well as the allegations that Lead Plaintiff and the Settlement Class have suffered damages and that Lead Plaintiff and the Settlement Class were harmed by the conduct alleged in the Action. Defendants continue to believe the claims asserted against them in the Action are without merit and that the Action itself should not be certified as a class action for purposes of trial and adjudication of liability and damages. Defendants have not conceded or admitted any wrongdoing or liability, are not doing so by entering into this Stipulation, and disclaim any and all wrongdoing and liability whatsoever. Defendants have agreed to enter into this Stipulation solely to avoid the uncertainties, burden, and expense of further litigation and to put the Released Claims to rest finally and forever. Nothing in this Stipulation shall be construed as or deemed evidence supporting an admission by any of Defendants or any of the Released Parties with respect to any of Lead Plaintiff’s allegations or claims, or of any wrongdoing, fault, liability or damages whatsoever.

Defendants’ Denial of Wrongdoing and Liability. Throughout the course of the Action, Action and in this Stipulation, Defendants have denied and continue to deny each, any any, and all allegations of wrongdoing, fault, liability liability, or damage whatsoever that have or could have been asserted in the Action. Defendants have also denied and continue to deny, inter alia, the allegations and claims that have been or could have been asserted by Lead PlaintiffPlaintiffs, as well as the allegations that Lead Plaintiff and Plaintiffs or the Settlement Class have suffered damages and or that Lead Plaintiff and Plaintiffs or the Settlement Class were harmed by the conduct alleged in the Action. Defendants continue to believe the claims asserted against them in the Action are without merit and that the Action itself should not be certified as a class action for purposes of trial and adjudication of liability and damages. Defendants have not conceded or admitted any wrongdoing or liability, are not doing so by entering into this Stipulation, and disclaim any and all wrongdoing and liability whatsoever. Defendants have agreed to enter into this Stipulation solely to avoid the uncertainties, burden, and expense of further litigation and to put the Released Claims to rest finally and forever. Nothing in this Stipulation shall be construed as or deemed evidence supporting an admission by any of either Defendants or any of the Released Defendant Parties with respect to any of Lead Plaintiff’s Plaintiffs’ allegations or claims, or of any wrongdoing, fault, liability liability, or damages whatsoever.

Defendants’ Denial of Wrongdoing and Liability. Throughout the course of the Action, and in this Stipulation, The Individual Defendants have denied and continue to deny eachthat they have committed, threatened or attempted to commit any violations of law, or breached any fiduciary duty owed to Plaintiffs, Ixia or its shareholders. The Individual Defendants also deny and all allegations continue to deny that they engaged in any of wrongdoing, fault, liability or damage whatsoever the wrongful acts alleged in the Action and expressly maintain that they complied with their fiduciary and other legal duties. Without admitting the validity of any of the claims Plaintiffs have or could have been asserted in the Action. , or any liability with respect thereto, Defendants have also denied and continue to deny, inter alia, the allegations and claims concluded that have been or could have been asserted by Lead Plaintiff, as well as the allegations it is desirable that Lead Plaintiff and the Settlement Class have suffered damages and that Lead Plaintiff and the Settlement Class were harmed by the conduct alleged in the Action. Defendants continue to believe the claims asserted against them in the Action are without merit be settled on the terms and that subject to the Action itself should not be certified as a class action for purposes of trial and adjudication of liability and damagesconditions set forth in this Stipulation. Defendants have not conceded or admitted any wrongdoing or liability, are not doing so by entering into this StipulationSettlement because it will eliminate the uncertainty, and disclaim any and all wrongdoing and liability whatsoever. Defendants have agreed to enter into this Stipulation solely to avoid the uncertaintiesdistraction, disruption, burden, risk, and expense of further litigation litigation. Further, Defendants acknowledge that the Settlement is fair, reasonable, adequate, and in the best interests of Ixia and Current Ixia Shareholders. Neither this Stipulation, nor any of its terms or provisions, nor entry of the Judgment, nor any document or exhibit referred or attached to put this Stipulation, nor any action taken to carry out this Stipulation, is or may be construed or used as evidence of the validity of any of Plaintiffs’ Released Claims to rest finally and forever. Nothing in this Stipulation shall be construed (defined herein), or as or deemed evidence supporting an admission by or against Defendants of any of Defendants or any of the Released Parties with respect to any of Lead Plaintiff’s allegations or claimsfault, wrongdoing, or concession of any wrongdoing, fault, liability or damages whatsoever.