Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” basis between parties of equal bargaining power. This Agreement has been drafted jointly by Class Counsel and counsel for the Defendants. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge but do not concede to or agree with Defendants’ statements regarding the merits of the claims, and Defendants acknowledge, but do not concede to or agree with Plaintiff’s statements regarding the merits of the claims.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” length basis between parties Parties of equal bargaining power. This Agreement has been drafted jointly by Also, Class Counsel and counsel for Defendant have drafted the DefendantsAgreement jointly. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge acknowledges, but do does not concede to or agree with Defendants’ with, Defendant’s statements regarding the merits of the claims, and Defendants acknowledgeDefendant acknowledges, but do does not concede to or agree with with, Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” length basis between parties Parties of equal bargaining power. This Agreement has been drafted jointly by Also, Class Counsel and counsel for Defendants have drafted the DefendantsAgreement jointly. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge acknowledges, but do does not concede to or agree with with, Defendants’ statements regarding the merits of the claims, and Defendants acknowledge, but do not concede to or agree with with, Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” length basis between parties Parties of equal bargaining power. This Agreement has been drafted jointly by Also, Class Counsel and counsel for Defendant have drafted the DefendantsAgreement jointly. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Named Plaintiff and Class Counsel acknowledge acknowledges, but do does not concede to or agree with Defendants’ with, Defendant’s statements regarding the merits of the claims, and Defendants acknowledgeDefendant acknowledges, but do does not concede to or agree with with, Named Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement (Tilly's, Inc.)
Mutual Interpretation. a. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” length basis between parties Parties of equal bargaining power. This Also, the Agreement has been drafted jointly by Class Counsel Plaintiff’s counsel and counsel for the Defendants. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge acknowledges, but do does not concede to or agree with with, Defendants’ statements regarding the merits of the claims, and Defendants acknowledge, but do not concede to or agree with with, Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” basis between parties of equal bargaining power. This Agreement has been drafted jointly by Class Counsel and counsel for the Defendants. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge but do not concede to or agree with Defendants’ statements regarding the merits of the claims, and Defendants Xxxxxxxxxx acknowledge, but do not concede to or agree with Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Interpretation. The Parties agree and stipulate that this Agreement was negotiated on an “arm’s-length” length basis between parties Parties of equal bargaining power. This Agreement has been drafted jointly by Also, Class Counsel and counsel for Defendant have drafted the DefendantsAgreement jointly. Accordingly, this Agreement is not one of adhesion, is mutually created, and no ambiguity shall be construed in favor of or against any of the Parties. Plaintiff and Class Counsel acknowledge acknowledges, but do does not concede to or agree with Defendants’ with, Defendant’s statements regarding the merits of the claims, and Defendants acknowledgeDefendant acknowledges, but do does not concede to or agree with with, Plaintiff’s statements regarding the merits of the claims.
Appears in 1 contract
Samples: Settlement Agreement