For Settlement Purposes Only. This Agreement is entered into to resolve all disputes among Defendant, on the one hand, and Named Plaintiff and the Settlement Class on the other. The assertions, statements, agreements and representations made herein are for purposes of settlement only and the Parties expressly agree that, if the Settlement is not finally approved, this Agreement is null and void and may not be used by any of the Parties for any reason.
For Settlement Purposes Only. This Agreement is entered into for purposes of resolving all disputes between Defendants on the one hand, and Plaintiffs and the Settlement Electronically Filed - City of St. Louis - March 28, 2019 - 04:22 PM Class on the other hand. Assertions, statements and representations herein are for settlement purposes only. Defendants dispute that a litigation class properly could be certified on the claims asserted in the Litigation. Solely for purposes of avoiding the expense and inconvenience of further litigation, however, Defendants do not oppose the certification of the Settlement Class for the purposes of this Settlement only. Preliminary certification of the Settlement Class will not be deemed a concession that certification of a litigation class is appropriate, nor would Defendants be precluded from challenging class certification if this Agreement is not finalized or finally approved, or if it is terminated. If for any reason whatsoever the Court does not enter the Final Approval Order or the Agreement does not become Final (as defined below), the certification of the Settlement Class will be void and deemed vacated nunc pro tunc, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in any judicial proceeding.
For Settlement Purposes Only. This Agreement, whether or not consummated, and any actions or proceedings taken pursuant to this Agreement, are for settlement purposes only, and neither the fact of any provision contained in this Agreement, nor any action taken hereunder or in filings or arguments made with the Court in connection with seeking the approval of this Agreement, shall constitute, or be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by the Plaintiffs in the Lawsuit, the Related Actions, or in any other pending or future action, nor as an admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Defendants or the Additional Defendants, or as an admission by the Defendants or the Additional Defendants of any claim or allegation made in the Lawsuit, the Related Actions, in any other pending or future action, nor as an admission by the Plaintiffs, Settlement Class Members, or Class Counsel of the validity of any fact or defense asserted against them in the Lawsuit, the Related Actions, or in any pending or future other action, nor as an admission as to any other fact or matter of any kind.
For Settlement Purposes Only. This Agreement is entered into to resolve all disputes among Defendants, on the one hand, and Plaintiff and the Settlement Class on the other. The assertions, statements, agreements and representations made herein are for purposes of settlement only and the Parties expressly agree that, if the settlement is not preliminarily and finally approved, this Agreement is null and void and neither this Agreement nor any related settlement documents (including, but not limited to, the preliminary and final approval filings) may be used by any of the Parties for any purpose whatsoever. The Parties further agree that any confirmatory discovery produced during the course of settlement discussions and through the course of the settlement process cannot be used for any purpose other than settlement.
