No Admission of Fault or Liability. The parties agree that this Agreement is not intended to, and does not, constitute an admission of liability or fault on the part of either Executive or Vxxxxx.
No Admission of Fault or Liability. This Settlement Agreement is a compromise of disputed claims, and nothing contained in this Settlement Agreement shall be construed to be an admission of fault or liability on the part of any Party hereto, all such fault or liability being expressly denied by each and every Party hereto.
No Admission of Fault or Liability. The Parties agree that neither the execution of this Settlement Agreement, nor compliance with its terms, shall constitute an admission of any fault or liability on the part of any of the Parties, or any of their Affiliates, officers, partners, directors, employees, agents, members, shareholders, attorneys, advisors and other professionals. None of the Parties to this Settlement Agreement admit fault or liability of any sort and, in fact, all Parties expressly deny fault and liability. In particular, but not by way of limitation, neither this Settlement Agreement, nor the Stand-Alone Notice, nor any draft or final pleadings, motions, affidavits or other papers filed by any Party with the Bankruptcy Court in connection with seeking approval of this Settlement Agreement, seeking to obtain the Approval Order or seeking to have the Approval Order become a Final Order shall be used by any Party against another Party as an admission or evidence of whether any condition to the Potential Investors' obligations to consummate the transactions contemplated by the Stock Purchase Agreement has been or is or was capable of being satisfied. The Parties further acknowledge and agree that neither a filing of the Stand-Alone Notice by XO nor any actions taken by XO in furtherance of the Stand-Alone Plan subsequent to September 16, 2002 shall constitute or give rise to (i) any of the events of termination under Section 6.1 of the Stock Purchase Agreement or any rights, claims or other defenses that would not have existed prior to September 16, 2002 or (ii) any breach of any representation, warranty, covenant, default or event of default under the Stock Purchase Agreement or the Other Stock Purchase Agreements.
No Admission of Fault or Liability. This Release is made to terminate any and all controversies, real or potential, asserted or unasserted, and claims for injuries or damages of any nature whatsoever, real or potential, asserted or unasserted, by the Parties that were brought or could have been brought in the Litigation. Neither the execution nor delivery of this Agreement, nor compliance with its terms, shall constitute an admission of any fault or liability on the part of any of the Parties. None of the Parties admit liability of any sort and, in fact, all Parties expressly deny any liability.
No Admission of Fault or Liability. This Settlement Agreement shall not be used by either Party as evidence of fault or liability as against the counter-Party except to enforce the terms of this Settlement Agreement. The Parties stipulate and agree that the settlement allocation herein shall not be interpreted or construed or used as evidence of the counter-Party’s share or putative share of fault, other than to enforce the terms of this Settlement Agreement.
No Admission of Fault or Liability. Each of the Parties acknowledges and agrees that: (a) this Agreement is to compromise disputed Claims; (b) none of GT and the other GT Releasees admits or acknowledges any liability to Maloof, Fxxxxxxxxxx or SM and specifically denies any such liability; and (c) nothing in this Agreement shall be construed as an admission of liability by GT or any of the GT Releasees.
No Admission of Fault or Liability. Neither Party admits liability to the other, nor does entering into this Agreement constitute an admission of fault by any Party.
No Admission of Fault or Liability. Neither Party admits liability to the other, nor does entering into this Agreement constitute an admission of fault by any Party. Understanding of Agreement Each of the parties understands this Agreement, and the terms and conditions contained herein, and has relied upon its own judgment, belief, knowledge, understanding and expertise after careful consultation with its own legal counsel concerning the legal effect of this Agreement and all of the terms and conditions of this Agreement. Final Integrated Agreement This Agreement, and any documents referred to herein, constitute the entire, final and binding understanding between the parties with respect to the subject matter hereof. No other statement or representation, written or oral, express or implied, has been relied upon in executing this Agreement, and all prior discussions, statements, and negotiations made or that have occurred prior to the date of the Agreement are deemed merged into this Agreement, and will not be used for any purpose whatsoever. Binding Effect This Agreement will bind and inure to the benefit of PCMC, VR, and their respective successors, Affiliates and permitted assigns in interest. Severability If any provision of the Agreement is held void or for any reason unenforceable, the remaining portions of this Agreement will remain in full force and effect. Amendment This Agreement may not be amended, altered, modified or otherwise changed in any respect except by a writing duly executed by the parties, or their authorized representatives. Counterparts This Agreement may be executed in counterparts, each of which may be deemed an original and all of which together will constitute a single instrument.
No Admission of Fault or Liability. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claims, or of any wrongdoing or liability of the Parties; or is or may be deemed to be or may be used as an admission of, or evidence of, any fault, omission, wrongdoing or liability of the Parties in any civil, criminal, or administrative proceeding in any court, administrative agency or other tribunal. Defendants may file this Agreement and/or the Judgment in any action that may be brought against them in order to support any defense or counterclaim, including without limitation those based upon principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
No Admission of Fault or Liability. Nothing herein shall constitute or be construed as an admission of liability or fault by any party hereto.
