Common use of DENIAL OF WRONGDOING AND LIABILITY Clause in Contracts

DENIAL OF WRONGDOING AND LIABILITY. Defendant has denied and continues to deny (a) each and every allegation and all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in this Litigation, (b) that the Plaintiff in the Litigation and the class he purports to represent have suffered any damage, and (c) that the State Court action satisfies the requirements to be tried as a class action under California’s Code of Civil Procedure § 382. Nonetheless, Defendant has considered the uncertainty and risks inherent in any litigation and concluded that contesting the Litigation further could be protracted and expensive so it is desirable and beneficial that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. This Settlement Agreement is for settlement purposes only, and nothing in this agreement shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiff in this action or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of Defendant or admission by any of the Parties of the validity or lack thereof of any claim, allegation, or defense asserted in this Litigation or in any other action.

DENIAL OF WRONGDOING AND LIABILITY. Defendant has denied and continues to deny deny: (a) each and every allegation and all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in this Litigation, (b) that the Plaintiff in the Litigation Plaintiffs and the class he purports they seek to represent have suffered any damage, and (c) that the State Court action Litigation satisfies the requirements to be tried as a class action under California’s Code Federal Rule of Civil Procedure § 38223. Nonetheless, Defendant has considered the uncertainty and risks inherent in any litigation and concluded that contesting the Litigation this action further could be protracted and expensive expensive, so it is desirable and beneficial that the Litigation action be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. This Settlement Agreement is for settlement purposes only, and nothing in this agreement shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiff Plaintiffs in this action or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of Defendant or admission by any of the Parties of the validity or lack thereof of any claim, allegation, or defense asserted in this Litigation action or in any other action.

DENIAL OF WRONGDOING AND LIABILITY. Defendant has denied and continues to deny denies: (a) each and every allegation and all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in this Litigation, (b) that the Plaintiff in the Litigation and the class he purports they seek to represent have suffered any damage, and (c) that the State Court action Litigation satisfies the requirements to be tried as a class action under California’s Code Federal Rule of Civil Procedure § 38223. Nonetheless, Defendant has considered the uncertainty and risks inherent in any litigation and concluded that contesting the Litigation further could be protracted and expensive expensive, so it is desirable and beneficial that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. This Settlement Agreement is for settlement purposes only, and nothing in this agreement shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiff in this action the Litigation or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of Defendant or admission by any of the Parties of the validity or lack thereof of any claim, allegation, or defense asserted in this the Litigation or in any other action.