Final and Complete Resolution. The Settling Parties intend the Settlement as described herein to be a final and complete resolution of all disputes between them with respect to the Action and Released Claims and to compromise claims that are contested, and it shall not be deemed an admission by any Settling Party as to the merits of any claim or defense or any allegation made in the Action.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (1) the Plaintiffs Released Parties and the Interested Parties, on the one hand, and (2) the Proskauer Released Parties, on the other hand, and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between and among (1) the Plaintiffs Released Parties and the Interested Parties, on the one hand, and (2) the Trustmark Released Parties on the other hand, and this Agreement, including its exhibits, shall be interpreted as one document to effectuate this purpose. For the avoidance of doubt, Trustmark expressly acknowledges that the Release granted by Trustmark to the Plaintiffs Released Parties includes a release of all of Trustmark’s claims related to the funds that the Court ordered Trustmark to turn over to the Receiver on or about July 24, 2012, including any and all purported secured claims and the following identified claim numbers in the Receivership claims process: Stanford 1013301-1, Stanford 1015093-5, Stanford 1015229-6, Stanford 1015268-7, Stanford 1015270-9, Stanford 1015287-3, and Stanford 1015410-8.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (1) the Plaintiffs Released Parties, and the Interested Parties, on the one hand, and (2) the BDO Released Parties, on the other hand, and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that the other Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis in connection with the Investor Litigation, the Committee Litigation, the Settlement or this Agreement.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (1) the Plaintiffs Released Parties, and the Interested Parties, on the one hand, and (2) the Xxxxxxxxxx Released Parties (other than Xxxxxxx related to his work while affiliated with Proskauer), on the other hand, and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that any other Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis in connection with the Investor Litigation, the Receiver Litigation, the Settlement or this Agreement.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (a) the Plaintiffs, the Plaintiffs Released Parties and the Interested Parties, on the one hand, and (b) the BMB Defendants and the BMB Released Parties, on the other hand (subject to certain exceptions applicable to Winter as set forth in paragraphs 38 and 41 herein), and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that another Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis in connection with the Troice Litigation, the Janvey Litigation, the Other BMB Litigation, the Settlement or this Agreement.
Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters between the Parties, the Kroll Released Parties, the Plaintiffs Release Parties, the Claimants, and the Interested Parties, and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that the other Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis.
Final and Complete Resolution. The Parties intend this Agreement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (1) the Receiver and the Interested Parties, on the one hand, and Underwriters, on the other hand, and (2) Underwriters, on the one hand, and Underwriters’ Insureds, on the other hand. This Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that the other Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis in connection with the Coverage Action, the Indirect Claims, the Third-Party Coverage Actions, or this Agreement.
Final and Complete Resolution. FP Offshore intends this Consent to be and constitute a final, complete, and worldwide resolution of all matters and disputes between it and EY and the other EY Released Parties, and this Consent, along with the Settlement Agreement, shall be interpreted to effectuate this purpose.
Final and Complete Resolution. Plaintiffs and the Releasees intend the Agreement as described herein to be a final and complete resolution of all disputes or possible disputes between them with respect to the Action and to compromise claims that would be contested, and it shall not be deemed an admission by any party to this Agreement as to the merits of any claim or defense or any allegation made in the Action.
