Denial of Liability; No Admissions. 1.1 As further described in the recitals, the Parties are entering into this Agreement to resolve vigorously disputed claims and allegations that have arisen among them and to avoid the further burden, expense, uncertainty, and risk of protracted litigation.
1.2 None of the following are admissible under Federal Rule of Evidence 408 or any similar rule of evidence or procedure in any applicable jurisdiction or are an admission of liability or wrongdoing by the Parties, any Released Person, or any other Person: (a) this Agreement, any prior drafts of it, or any related correspondence or other communications, (b) the Term Sheet dated May 21, 2021, any prior drafts of it, or any related correspondence or other communications (“Term Sheet”), (c) any term or provision of this Agreement or the Term Sheet, (d) any conduct, statement, or document relating to this Agreement or the Term Sheet, (e) any conduct, statement, or document relating to settlement negotiations about the Litigation or any claim or allegation relating to the Litigation (whether or not in any mediation session), and (f) any conduct, statement, or document relating to the submission of this Agreement to the Court or requests for its consideration and approval.
1.3 Ally denies each and all of the claims and allegations of liability or wrongdoing made by the Class Representative in the Litigation, the propriety of the certification of the Class for purposes of litigation and trial, and all other claims and allegations of liability or wrongdoing arising out of, relating to, or connected with any of the conduct, statements, acts, or omissions that have been or could be alleged by the Class against Ally.
1.4 Subject to the terms and provisions of this Agreement, the Parties reserve the right to maintain their positions and all of their other rights, remedies, objections, arguments, defenses, and positions.
Denial of Liability; No Admissions. Defendants deny all of Plaintiffs’ claims as to liability, damages, penalties, interest, fees, restitution, and all other forms of relief as well as the allegations asserted in the Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as any admission or concession by Defendants of any legal violations, any legal requirement, or any failure to comply with any applicable law. Except as necessary in a proceeding to enforce the terms of this Settlement Agreement, this Settlement Agreement and its terms and provisions shall not be used, offered, or received as evidence in any action or proceeding to establish: any liability or admission on the part of Defendants or any Defendants’ Releasees; any condition constituting a violation of, or non-compliance with, federal, state, local, or other applicable laws; or the propriety of class certification in any proceeding or action. The Settling Parties expressly agree and represent that in the event the Court does not approve the Settlement Agreement or any appellate court disapproves of the Settlement Agreement in any way that prevents the Settlement from becoming Final, no Party will use or attempt to use any conduct or statement of any other Party in connection with this Settlement Agreement or any effort to seek approval of the Settlement to affect or prejudice any other Party’s rights in any ensuing litigation. Defendants have agreed to resolve this Litigation through this Settlement Agreement, but to the extent this Settlement Agreement is deemed void or the Effective Date does not occur, Defendants do not waive, but rather expressly reserve, all rights to challenge all such claims and allegations in the Litigation upon all procedural and factual grounds including, without limitation, the ability to challenge class action treatment on any grounds or assert any and all defenses or privileges. Defendants expressly reserve all rights and defenses as to any claims and do not waive any such rights or defenses in the event that the Settlement Agreement is not approved for any reason. The Class Representatives and Class Counsel agree that Defendants and the Defendants’ Releasees retain and reserve these rights and agree not to take a position to the contrary. Specifically, the Class Representatives and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that Defendants could not contest cl...
Denial of Liability; No Admissions. This Settlement Agreement, and the exhibits and related documents hereto, are not, and shall not at any time be construed or be deemed to be, or to evidence, any admission against or concession by Defendant with respect to any wrongdoing, fault, or admission of any kind whatsoever, regardless of whether or not this Settlement Agreement results in entry of a Final Judgment as contemplated herein. Any payment of monies on behalf of the Defendant, or any other action taken, by the Defendant pursuant to any provision of this Settlement Agreement, shall not at any time be construed or deemed to be, or to evidence, any admission against or concession by Defendant with respect to any wrongdoing, fault, or admission of any kind whatsoever, regardless of whether or not this Settlement Agreement results in the entry of a Final Judgment as contemplated herein. Defendant denies any liability to Plaintiff and to all members of the Class for any claim described in the Settlement Agreement and in the Litigation. This provision shall survive the expiration or voiding of the Settlement Agreement.
Denial of Liability; No Admissions. The Parties enter into this Agreement to resolve the dispute that has arisen among them and to avoid the burden, expense, and risk of litigation. In entering into this Agreement, Defendants do not admit, and specifically deny, that they have violated or breached any duty, or violated any federal, state, or local law, any regulations or guidelines promulgated pursuant to those laws, or any other applicable laws, regulations, guidelines, or any other legal requirements; and Plaintiffs continue to contend that Defendants have violated Title XIX of the Social Security Act as alleged in the Second Amended Complaint. Neither this Agreement, nor any of its terms or provisions, nor any of the negotiations connected therewith or relating thereto, shall be construed as an admission or concession by the Defendants of any such violations or failures to comply with any applicable law, regulation, guideline or any other legal requirements; or as an admission or concession by the Plaintiffs that Defendants have not violated federal law in the manner alleged in the Second Amended Complaint. Except as necessary in a proceeding to enforce the terms of this Agreement, this Agreement and its terms and provisions shall not be offered or received as evidence in any action or proceeding to establish any liability or admission on the part of Defendants or to establish the existence of any condition constituting a violation of or non-compliance with any applicable law, regulation, guideline or any other legal requirements; nor shall it be offered or received as evidence in any action or proceeding as a defense to liability on the part of Defendants or as a defense to the existence of any condition constituting a violation of or non-compliance with any applicable law, regulation, guideline or any other legal requirement.
Denial of Liability; No Admissions. The Parties are entering into this Agreement in the interests of avoiding the burdens, expense, and risk of continued litigation and in order to resolve all of the vigorously disputed claims that remain undecided as between them. By entering into preliminary settlement discussions, agreeing to the terms of this Agreement, and/or seeking the approval of the Settlement, the Parties are not making any admissions or concessions, whatsoever, with respect to any of the factual or legal assertions or any claims or defenses being alleged, made or asserted in the Missouri Cases or the Litigation. Neither this Agreement nor any of its terms or provisions nor any of the negotiations between the Parties or their counsel shall be construed as an admission or concession by any of the Parties or their counsel of anything whatsoever, including, but not limited to, any alleged violation or breach of contract or duty, any alleged fraud, misrepresentation or deception, or any alleged violation of any federal, state, or local law, rule, regulation, guideline or legal requirement (or any other applicable law, rule, regulation, guideline or legal requirement), any alleged conduct that could be or has been asserted as the basis for punitive damages or sanctions, the merits of any defenses that the Settling Defendants have asserted or could assert, or the propriety of class certification of the Trust Loans Settlement Class if the Missouri Cases or the Litigation were to be litigated rather than settled. Except as necessary in a proceeding to enforce the terms of this Agreement, or to challenge and refute any assertions that the Settlement and/or the debt(s) arising from the Settlement and/or the compromised claims are dischargeable in bankruptcy, this Agreement and its terms and provisions shall not be offered or received as evidence in any action or proceeding to establish:
(a) any liability or admission on the part of the Settling Defendants, the Released Persons, or their respective parents or subsidiaries, affiliated or predecessor companies, or their attorneys, to establish the existence of any condition constituting a violation of or non-compliance with any federal, state, local or other applicable law, rule, regulation, guideline or other legal requirement or any condition that has been or could be asserted as the basis for punitive damages or sanctions; (b) the truth or relevance of any fact alleged by the Named Plaintiffs; (c) the existence of any class alleged by the Na...
Denial of Liability; No Admissions. 1. Plaintiff and Kreation enter into this Agreement to resolve the dispute that has arisen between them and to avoid the burden, expense and risk of litigation. In entering into this Agreement, Kreation does not admit, and specifically denies, that it violated the Consumer Legal Remedies Act (California Civil Code Section 1770 et seq.), California’s Unfair Competition Law (California Business & Professions Code Section 17200 et seq.), or any other statute or regulation related to the marketing of its food, beverage or dietary supplement products. In addition, Kreation denies that it has violated the common law, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable laws, regulations, or legal requirements. Neither this Agreement, nor any of its terms or provisions, nor any of the negotiations connected with it or the Action, shall be construed as an admission or concession by Kreation of any such violations or failures to comply with any applicable law.
Denial of Liability; No Admissions. BNY Mellon denies all of the claims as to liability, damages, fees, restitution and all other forms of relief as well as the class action allegations asserted in the Action. Neither this Agreement, nor any of its terms
Denial of Liability; No Admissions. The City denies liability for any and all of the claims as to liability, damages, penalties, interest, fees, restitution and all other forms of relief as well as the class action allegations asserted in the Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be
Denial of Liability; No Admissions. The Defendant, its current and former employees, agents, officers, and assigns deny liability for any and all of the claims as to liability, damages, restitution and all other forms of relief as well as the class action allegations asserted in
Denial of Liability; No Admissions. The Parties are entering into the Agreement to resolve vigorously disputed claims that have arisen between them and to avoid the burdens, expense, and risk of further litigation. By entering into any preliminary settlement discussions, agreeing to the Agreement, or seeking the approval of the Settlement, the Parties are not making any admissions or concessions regarding any claims or defenses alleged or asserted, or any factual or legal assertions in the Litigation. Neither the Agreement nor any of its terms or provisions nor any of the negotiations between the Parties or their counsel shall be construed as an admission or concession by any of the Parties or their counsel of anything, including, but not limited to, any alleged violation or breach of contract or duty, any alleged fraud, misrepresentation, or deception, or any alleged violation of any federal, state, or local rule, regulation, guideline, or legal requirement (or any other applicable law, rule, regulation, guideline, or legal requirement). The Parties expressly agree that, if the Court does not approve the Agreement, or if any appellate court disapproves of the Agreement in any way that prevents the Settlement from becoming final and effective, or if any other event occurs that prevents the Settlement from becoming final and effective, no Party will use or attempt to use any conduct or statement of any other Party regarding the Agreement, or any effort to seek approval of the Agreement, or any negotiations or discussions concerning the Settlement, to affect or prejudice any other Party’s rights in any ensuing litigation. The Parties expressly reserve all rights and defenses to all claims and causes of action and waive no such rights or defenses if the Agreement is not approved or fails to become effective for any reason. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM
