Common use of Denial of Liability; No Admissions Clause in Contracts

Denial of Liability; No Admissions. Defendants and Released Parties deny all of the claims as to liability, damages, penalties, interest, fees, restitution, and all forms of injunctive and declaratory relief as well as the class action and collective action allegations asserted in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by Defendants or Released Parties of any legal violations, any failure to comply with any legal requirements 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 offered or received as evidence in any action or proceeding to establish any liability or admission on the part of Defendants or Released Parties or to establish any condition constituting a violation of or non-compliance with federal, state, local or other applicable law, or the propriety of class certification in any proceeding or action. The Parties expressly agree and represent that, in the event that the Court does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming final and effective, or the court in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation with prejudice, no party will use or attempt to use any conduct or statement of any other party in connection with this Settlement 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 both the Xxxxxx Litigation and Xxxxxxx 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 Xxxxxx Litigation and Xxxxxxx Litigation upon all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective 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 this Settlement is not approved for any reason. Plaintiffs and Class Counsel agree Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, were to proceed.

Denial of Liability; No Admissions. Defendants and Released Parties deny all of the Plaintiffs’ claims as to liability, damages, penalties, interest, fees, restitution, and all other forms of injunctive and declaratory relief as well as the class action and collective action allegations asserted in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as an any admission or concession by Defendants or Released Parties of any legal violations, any failure to comply with any legal requirements 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 offered used, offered, or received as evidence in any action or proceeding to establish establish: any liability or admission on the part of Defendants or Released Parties or to establish any Defendants’ Releasees; any condition constituting a violation of of, or non-compliance with with, federal, state, local local, or other applicable law, laws; or the propriety of class certification in any proceeding or action. The Settling Parties expressly agree and represent that, that in the event that the Court does not approve the Settlement, Settlement Agreement or any appellate court disapproves of the Settlement Agreement in any way that prevents the Settlement from becoming final and effective, or the court in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation with prejudiceFinal, no party Party will use or attempt to use any conduct or statement of any other party Party in connection with this Settlement Agreement or any effort to seek approval of the Settlement to affect or prejudice any other partyParty’s rights in any ensuing litigation. Defendants have agreed to resolve both the Xxxxxx Litigation and Xxxxxxx 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 Xxxxxx Litigation and Xxxxxxx Litigation upon all procedural and factual groundsgrounds including, including without limitation limitation, the ability to challenge class action treatment and collective 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 this the Settlement Agreement is not approved for any reason. Plaintiffs 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 . Specifically, the Plaintiffs Class Representatives and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx this Litigation and Xxxxxxx Litigation, or either of them, were to proceed.

Denial of Liability; No Admissions. Defendants The Parties are entering into this Agreement for the sole purpose of resolving vigorously disputed claims that have arisen between them and Released Parties deny all in the interest of avoiding the claims as to liabilityburdens, damages, penalties, interest, fees, restitutionexpense, and all forms risk of injunctive and declaratory relief as well as further litigation. By entering into any preliminary settlement discussions, agreeing to the class action and collective action allegations asserted terms of this Agreement, or seeking the approval of this Settlement, the Parties are not making any admissions or concessions, whatsoever, with respect to any claims or defenses alleged or asserted, or any factual or legal assertions in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, Agreement nor any of its terms and provisions, or provisions nor any of the negotiations connected with it, 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, statute, guideline or legal requirement (or any other applicable law, rule, regulation, statute, guideline or legal requirement); the merits of any defenses that the Settling Defendants or Released Parties the DBNTC Trusts asserted; or the propriety of any legal violations, any failure class certification of the DBNTC Trusts Settlement Class if the Litigation were to comply with any legal requirements or any failure to comply with any applicable lawbe litigated rather than settled. 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 offered or received as evidence in any action or proceeding to establish establish: (a) any liability or admission on the part of Defendants the Settling Defendants, the DBNTC Trusts or Released Parties their respective parent, affiliate or subsidiary companies, or 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, statute, guideline or other legal requirement; (b) the truth or relevance of any fact alleged by Named Plaintiffs; (c) the existence of any class alleged by Named Plaintiffs; (d) the propriety of class certification if the Litigation were to be litigated rather than settled; (e) the validity of any claim or any defense that has been or could have been asserted in the Litigation or in any other litigation; (f) that the consideration to be given to the DBNTC Trusts Settlement Class Members hereunder represents the amount that could be or would have been recovered by any such persons after trial; or (g) the propriety of class certification in any other proceeding or action. The Parties expressly agree and represent that, in the event that the Court Settlement does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming become final and effective, or the court effective in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation accordance with prejudiceParagraph 13 hereof, no party Party will use or attempt to use any conduct or statement of any other party Party in connection with this Settlement Agreement, or any effort to seek approval of the Settlement Agreement, to affect or prejudice any other partyParty’s procedural or substantive rights in any ensuing litigation. The Settling Defendants have agreed to resolve both and the Xxxxxx Litigation and Xxxxxxx 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 DBNTC Trusts expressly reserve, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation upon reserve all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. Defendants expressly reserve all substantive rights and defenses as to any all claims and causes of action and do not waive any such rights or defenses in the event that this Settlement the Agreement is not approved for any reason. Plaintiffs and Class Counsel agree Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, were to proceed.

Denial of Liability; No Admissions. Defendants The City denies liability for any and Released Parties deny all of the claims as to liability, damages, penalties, interest, fees, restitution, restitution and all other forms of injunctive and declaratory relief as well as the class action and collective action allegations asserted in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by Defendants or Released Parties the City of any legal violations, any failure to comply with any legal requirements 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 offered or received as evidence in any action or proceeding to establish any liability or admission on the part of Defendants the City or Released Parties any City Releasees or to establish any condition constituting a violation of or non-compliance with federal, state, local or other applicable law, or the propriety of class certification in any proceeding or action. The Parties expressly agree and represent that, in the event that the Court does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming final and effective, or the court in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation with prejudice, no party will use or attempt to use any conduct or statement of any other party in connection with this Settlement or any effort to seek approval of the Settlement to affect or prejudice any other party’s rights in any ensuing litigation. Defendants have City has agreed to resolve both the Xxxxxx Litigation and Xxxxxxx 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 the City does not waive, but rather expressly reservereserves, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation Lawsuit upon all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. Defendants The City expressly reserve reserves all rights and defenses as to any claims and do does not waive any such rights or defenses in the event that this the Settlement Agreement is not approved for any reason. Plaintiffs The Class Representative and Class Counsel agree Defendants that the City and the City Releasees retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs Class Representative and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants that the City could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx this Litigation and Xxxxxxx Litigation, or either of them, were to proceed.

Denial of Liability; No Admissions. Defendants The Defendant, its current and Released Parties former employees, agents, officers, and assigns deny liability for any and all of the claims as to liability, damages, penalties, interest, fees, restitution, restitution and all other forms of injunctive and declaratory relief as well as the class action and collective action allegations asserted in both the Xxxxxx Litigation and Xxxxxxx LitigationLawsuit. Neither this Settlement Agreement, nor any of its terms and provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by Defendants the Defendant City, or Released Parties any current, former, or future employee, agent, or officer of Defendant City, of any legal violations, any failure to comply with any legal requirements requirements, 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 offered or received as evidence in any action or proceeding to establish any liability or admission on the part of Defendants the Defendant or Released Parties its employees or to establish any condition constituting a violation of or non-compliance with federal, state, local or other applicable law, or the propriety of class certification in any proceeding or action. The Parties expressly agree and represent that, in the event that the Court does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming final and effective, or the court in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation with prejudice, no party will use or attempt to use any conduct or statement of any other party in connection with this Settlement 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 both the Xxxxxx Litigation and Xxxxxxx Litigation this Lawsuit through this Settlement Agreement, but to the extent this Settlement Agreement is deemed void or the Effective Date does not occur, the Defendants do not waive, but rather expressly reserve, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation Lawsuit upon all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. The Defendants expressly reserve all rights and defenses as to any claims and do does not waive any such rights or defenses in the event that this the Settlement Agreement is not approved for any reason. Plaintiffs The Class Representatives and Class Counsel agree that the Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically specifically, the Plaintiffs Class Representatives and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that the Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, this Lawsuit were to proceed.

Denial of Liability; No Admissions. Defendants The Parties are entering into this Agreement for the sole purpose of resolving vigorously disputed claims that have arisen between them and Released Parties deny all in the interest of avoiding the claims as to liabilityburdens, damages, penalties, interest, fees, restitutionexpense, and all forms risk of injunctive and declaratory relief as well as further litigation. By entering into any preliminary settlement discussions, agreeing to the class action and collective action allegations asserted terms of this Agreement, or seeking the approval of this Settlement, the Parties are not making any admissions or concessions, whatsoever, with respect to any claims or defenses alleged or asserted, or any factual or legal assertions in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, Agreement nor any of its terms and provisions, or provisions nor any of the negotiations connected with it, between the Parties or their counsel shall be construed as an admission or concession by Defendants any of the Parties or Released Parties 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, statute, guideline or legal violations, any failure to comply with any legal requirements requirement (or any failure to comply with any other applicable law, rule, regulation, statute, guideline or legal requirement); the merits of any defenses that Countrywide asserted; or the propriety of class certification of the Countrywide Settlement Class if the Litigation were to be litigated rather than settled. 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 offered or received as evidence in any action or proceeding to establish establish: (a) any liability or admission on the part of Defendants Countrywide or Released Parties their respective parent, affiliate or subsidiary companies, or to establish the existence of any condition constituting a violation of or non-non- compliance with any federal, state, local or other applicable law, rule, regulation, statute, guideline or other legal requirement; (b) the truth or relevance of any fact alleged by Named Plaintiffs; (c) the existence of any class alleged by Named Plaintiffs; (d) the propriety of class certification if the Litigation were to be litigated rather than settled; (e) the validity of any claim or any defense that has been or could have been asserted in the Litigation or in any other litigation; (f) that the consideration to be given to the Countrywide Settlement Class Members hereunder represents the amount which could be or would have been recovered by any such persons after trial; or (g) the propriety of class certification in any other proceeding or action. The Parties expressly agree and represent that, in the event that the Court Settlement does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming become final and effective, or the court effective in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation accordance with prejudiceParagraph 13 hereof, no party Party will use or attempt to use any conduct or statement of any other party Party in connection with this Settlement Agreement, or any effort to seek approval of the Settlement Agreement, to affect or prejudice any other partyParty’s procedural or substantive rights in any ensuing litigation. Defendants have agreed to resolve both the Xxxxxx Litigation and Xxxxxxx 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 Countrywide expressly reserve, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation upon reserves all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. Defendants expressly reserve all substantive rights and defenses as to any all claims and do causes of action and does not waive any such rights or defenses in the event that this Settlement the Agreement is not approved for any reason. Plaintiffs and Class Counsel agree Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, were to proceed.reason.‌‌

Denial of Liability; No Admissions. Defendants The Parties are entering into this Agreement for the sole purpose of resolving vigorously disputed claims that have arisen between them and Released Parties deny all in the interest of avoiding the claims as to liabilityburdens, damages, penalties, interest, fees, restitutionexpense, and all forms risk of injunctive and declaratory relief as well as further litigation. By entering into any preliminary settlement discussions, agreeing to the class action and collective action allegations asserted terms of this Agreement, or seeking the approval of this Settlement, the Parties are not making any admissions or concessions, whatsoever, with respect to any claims or defenses alleged or asserted, or any factual or legal assertions in both the Xxxxxx Litigation and Xxxxxxx Litigation. Neither this Settlement Agreement, Agreement nor any of its terms and provisions, or provisions nor any of the negotiations connected with it, between the Parties or their counsel shall be construed as an admission or concession by Defendants any of the Parties or Released Parties 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, statute, guideline or legal violations, any failure to comply with any legal requirements requirement (or any failure to comply with any other applicable law, rule, regulation, statute, guideline or legal requirement); the merits of any defenses that Wendover asserted; or the propriety of class certification of the Wendover Settlement Class if the Litigation were to be litigated rather than settled. 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 offered or received as evidence in any action or proceeding to establish establish: (a) any liability or admission on the part of Defendants Wendover or Released Parties their respective parent, affiliate or subsidiary companies, or to establish the existence of any condition constituting a violation of or non-non- compliance with any federal, state, local or other applicable law, rule, regulation, statute, guideline or other legal requirement; (b) the truth or relevance of any fact alleged by Named Plaintiffs; (c) the existence of any class alleged by Named Plaintiffs; (d) the propriety of class certification if the Litigation were to be litigated rather than settled; (e) the validity of any claim or any defense that has been or could have been asserted in the Litigation or in any other litigation; (f) that the consideration to be given to the Wendover Settlement Class Members hereunder represents the amount which could be or would have been recovered by any such persons after trial; or (g) the propriety of class certification in any other proceeding or action. The Parties expressly agree and represent that, in the event that the Court Settlement does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming become final and effective, or the court effective in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation accordance with prejudiceParagraph 13 hereof, no party Party will use or attempt to use any conduct or statement of any other party Party in connection with this Settlement Agreement, or any effort to seek approval of the Settlement Agreement, to affect or prejudice any other partyParty’s procedural or substantive rights in any ensuing litigation. Defendants have agreed to resolve both the Xxxxxx Litigation and Xxxxxxx 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 Wendover expressly reserve, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation upon reserves all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. Defendants expressly reserve all substantive rights and defenses as to any all claims and do causes of action and does not waive any such rights or defenses in the event that this Settlement the Agreement is not approved for any reason. Plaintiffs and Class Counsel agree Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, were to proceed.

Denial of Liability; No Admissions. Defendants The Parties are entering into this Agreement for the sole purpose of resolving vigorously disputed claims that have arisen between them and Released Parties deny all in the interest of avoiding the claims as to liabilityburden, damages, penalties, interest, fees, restitutionexpense, and all forms risk of injunctive and declaratory relief as well as further litigation. By entering into any preliminary settlement discussions, agreeing to the class action and collective action allegations asserted terms of this Agreement, or seeking the approval of this Settlement, the Parties are not making any admissions or concessions, whatsoever, with respect to any claims or defenses alleged or asserted, or any factual or legal assertions in both the Xxxxxx Litigation and Xxxxxxx Litigationor the Proofs of Claim. Neither this Settlement Agreement, Agreement nor any of its terms and provisions, or provisions nor any of the negotiations connected with it, between the Parties or their counsel shall be construed as an admission or concession by Defendants any of the Parties or Released Parties 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, statute, guideline or legal violations, any failure to comply with any legal requirements requirement (or any failure to comply with any other applicable law, rule, regulation, statute, guideline or legal requirement); the merits of any defenses that Advanta asserted; or the propriety of class certification of the Advanta Settlement Class if the Litigation were to be litigated rather than settled. 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 offered or received as evidence in any action or proceeding to establish establish: (a) any liability or admission on the part of Defendants Advanta or other Released Parties Persons, or to establish the existence of any condition constituting a violation of or non-non- compliance with any federal, state, local or other applicable law, rule, regulation, statute, guideline or other legal requirement; (b) the truth or relevance of any fact alleged by Named Plaintiffs; (c) the existence of any class alleged by Named Plaintiffs; (d) the propriety of class certification if the Litigation were to be litigated rather than settled; (e) the validity of any claim or any defense that has been or could have been asserted in the Litigation or in any other litigation; (f) that the consideration to be given to the Advanta Settlement Class Members hereunder represents the amount which could be or would have been recovered by any such persons after trial; or (g) the propriety of class certification in any other proceeding or action. The Parties expressly agree and represent that, in the event that the Court Settlement does not approve the Settlement, or any appellate court disapproves of the Settlement in any way that prevents the Settlement from becoming become final and effective, or the court effective in the Xxxxxx Litigation does not dismiss the Xxxxxx Litigation accordance with prejudiceParagraph 13 hereof, no party Party will use or attempt to use any conduct or statement of any other party Party in connection with this Settlement Agreement, or any effort to seek approval of the Settlement Agreement, to affect or prejudice any other partyParty’s procedural or substantive rights in any ensuing litigation. Defendants have agreed to resolve both the Xxxxxx Litigation and Xxxxxxx 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 Advanta expressly reserve, all rights to challenge all such claims and allegations in the Xxxxxx Litigation and Xxxxxxx Litigation upon reserves all procedural and factual grounds, including without limitation the ability to challenge class action treatment and collective action treatment on any grounds or assert any and all defenses or privileges. Defendants expressly reserve all substantive rights and defenses as to any all claims and do causes of action and does not waive any such rights or defenses in the event that this Settlement the Agreement is not approved for any reason. Plaintiffs and Class Counsel agree Defendants retain and reserve these rights and agree not to take a position to the contrary; specifically the Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, Defendants could not contest class certification and/or collective action treatment on any grounds if the Xxxxxx Litigation and Xxxxxxx Litigation, or either of them, were to proceed.