JMS’s Denial of Wrongdoing and Liability Sample Clauses

JMS’s Denial of Wrongdoing and Liability. In executing this Settlement, JMS denies the Claims and liability contentions alleged by Plaintiffs in the Action. JMS has expressly denied and continues to deny all charges of wrongdoing or liability arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Action. In making this Settlement, JMS continues to contend that it complied in good faith with all applicable provisions of Iowa and federal law cited in the FAC. In making this Settlement, JMS further preserves any and all defenses and arguments against Plaintiffs’ contention that the Claims are appropriate for class or representative treatment for any purpose other than for the purpose of settling this Action on a classwide basis. JMS also denies that some of or all of the Claims apply to Dedicated Carriers. Moreover, JMS denies that any acts or omissions alleged were fraudulent or would entitle Plaintiffs or the Class to punitive damages. Nonetheless, JMS has concluded that further litigation relating to the Claims would be protracted and expensive and that it is desirable that the Claims be fully and finally settled in the manner and upon the terms and conditions set forth in this Final Settlement Agreement in order to limit further expense, inconvenience and distraction, to dispose of burdensome and protracted litigation, and to permit the operation of JMS’s businesses without further expensive litigation and the distraction and diversion of its personnel with respect to matters at issue in the Action. JMS has also carefully considered the uncertainty and risks inherent to any litigation, especially in complex cases such as the Action. JMS has, therefore, determined that it is desirable and beneficial that the Claims be settled in the manner and upon the terms and conditions set forth in this Final Settlement Agreement.
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