No Admission of Fault or Wrongdoing. 49. The Settlement, this Agreement, and the negotiation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability, or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the complaints, claims, allegations, or defenses asserted or that could have been asserted in the Litigation, or any other proceeding relating to any Settled Claim, or any other proceeding in any Forum. The Settlement and this Agreement are a resolution of disputed claims in order to avoid the risk and substantial expense of protracted litigation. The Settlement, this Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Litigation, the SEC Action, or in any other proceeding, other than to enforce the terms of the Settlement and this Agreement.
No Admission of Fault or Wrongdoing. 46. The Settlement, this Agreement, and the negotiation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the complaints, claims, allegations or defenses asserted or that could have been asserted in the Investor Litigation, the Committee Litigation, or any other proceeding in any Forum. The Settlement and this Agreement are a resolution of disputed claims in order to avoid the risk and expense of protracted litigation. The Settlement, this Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Investor Litigation, the Committee Litigation, the SEC Action, or in any other proceeding, other than to enforce the terms of the Settlement and this Agreement.
No Admission of Fault or Wrongdoing. 49. The Settlement, this Settlement Agreement, and the negotiation and mediation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability, or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the Complaints, claims, allegations, or defenses asserted or that could have been asserted in the Rotstain Litigation, the SEC Action, the Xxxxx Litigation, or any other proceeding relating to any Settled Claim, or any other proceeding in any Forum. The Settlement and this Settlement Agreement are a resolution of disputed claims in order to avoid the risk and very substantial expense of protracted litigation. The Settlement, this Settlement Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Rotstain Litigation, the SEC Action, the Xxxxx Litigation, or in any other proceeding, other than to enforce the terms and/or intent of the Settlement and this Settlement Agreement or to defend against or facilitate a dismissal of any other proceeding against Independent.
No Admission of Fault or Wrongdoing. 44. The Settlement, this Agreement, and the negotiation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the complaints, claims, allegations or defenses asserted or that could have been asserted in the Troice Litigation, the Janvey Litigation, the Other BMB Litigation, or any other proceeding in any Forum relating to the Stanford Entities. The Settlement and this Agreement are a resolution of disputed claims in order to avoid the risk and expense of protracted litigation. The BMB Defendants expressly deny any liability or wrongdoing with respect to the matters alleged in the complaints in the Troice Litigation, Janvey Litigation, and Other BMB Litigation, and with respect to any matter related to the Stanford Entities. The Settlement, this Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Troice Litigation, the Janvey Litigation, the Other BMB Litigation, the SEC Action, or in any other proceeding, other than to enforce the terms of the Settlement and this Agreement.
No Admission of Fault or Wrongdoing. 50. The settlement between the Parties, this Agreement, and the negotiation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the complaints, claims, allegations or defenses asserted or that could have been asserted in the Coverage Action, the Indirect Claims, the Third-Party Coverage Actions, or any other proceeding in any Forum. The settlement and this Agreement are a resolution of disputed claims in order to avoid the risk and expense of protracted litigation. The settlement, this Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Coverage Action, the Indirect Claims, the Third-Party Coverage Actions, the SEC Action, or in any other proceeding, other than to enforce the terms of this Agreement.
No Admission of Fault or Wrongdoing. 90. There are no stipulated facts between the Parties concerning the Settled Claims. This Agreement, whether or not consummated, the Settlement, the Scheduling Order, the Bar Order and Judgment, their terms and provisions, the negotiations, proceedings, and agreements connected to them, and all papers in support of them, and the documents and statements referred to in them:
a. are not, and shall not be described, deemed, invoked, offered, received, construed, or interpreted, as a presumption, an admission, a concession, or evidence, of any fact, claim, wrongdoing, fault, error, negligence, violation, liability, loss, injury, damages, or deficiency concerning any defense; and
b. shall not be discoverable or admissible, or used by any Party, in any action or proceeding for any reason, whether in the Court, in any other Forum, or otherwise, other than to enforce or effectuate this Agreement, the Settlement, the Scheduling Order, or the Bar Order and Judgment, or in connection with any claims, including but not limited to the Settled Claims, that Kroll may have against any Kroll Released Party, including but not limited to its insurers, reinsurers, employees and agents.
No Admission of Fault or Wrongdoing. There are no stipulated facts between the Parties concerning the Settled Claims. The Agreement, the Settlement, the Scheduling Order, and this Bar Order and Judgment, their terms and provisions, the negotiations, proceedings, and agreements connected to them, and all papers in support of them, and the documents and statements referred to in them:
a. are not, and shall not be described, deemed, invoked, offered, received, construed, or interpreted, as a presumption, an admission, a concession, or evidence, of any deficiency in the Settled Claims, or any wrongdoing, fault, error, negligence, violation, or liability on the part of Kroll or the Kroll Released Parties, or any deficiency concerning any defense of Kroll or the Kroll Released Parties; and
b. shall not be discoverable or admissible in any action or proceeding for any reason, whether in this Court, in any other Forum, or otherwise, other than to enforce or effectuate the Agreement, the Settlement, the Scheduling Order, or this Bar Order and Judgment, or in connection with any claims, including but not limited to the Settled Claims, that Kroll may have against any Kroll Released Party, including but not limited to its insurers, reinsurers, employees and agents.
No Admission of Fault or Wrongdoing. 48. The Settlement, this Settlement Agreement, and the negotiation and mediation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability, or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the Complaints, claims, allegations, or defenses asserted or that could have been asserted in the Rotstain Litigation or any other proceeding relating to any Settled Claim, or any other proceeding in any Forum. The Settlement and this Settlement Agreement are a resolution of disputed claims in order to avoid the risk and very substantial expense of protracted litigation. The Settlement, this Settlement Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Rotstain Litigation, the SEC Action, the Xxxxx Litigation, the Joint Liquidators’ action in Canada captioned McDonald and Xxxxxxx v. TD Bank (case number CV-12-9780-00CL), or in any other proceeding, other than to enforce the terms and/or intent of the Settlement and this Settlement Agreement or to defend against or facilitate a dismissal of the Joint Liquidators’ action or any other proceeding against TD Bank.
No Admission of Fault or Wrongdoing. 48. The Settlement, this Settlement Agreement, and the negotiation and mediation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability, or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the Complaints, claims, allegations, or defenses asserted or that could have been asserted in the Rotstain Litigation or any other proceeding relating to any Settled Claim, or any other proceeding in any Forum. The Settlement and this Settlement Agreement are a resolution of disputed claims in order to avoid the risk and very substantial expense of protracted litigation. The Settlement, this Settlement Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Rotstain Litigation, the SEC Action, the Xxxxx Litigation, the Joint Liquidators’ action in Switzerland captioned Tribunal de Première Instance de Genève, Stanford International Bank Limited (in liquidation) vs. Société Générale Private Banking (Suisse) SA (case number C/21969/2002), or in any other proceeding, other than to enforce the terms and/or intent of the Settlement and this Settlement Agreement or to defend against or facilitate a dismissal of the Joint Liquidators’ action or any other proceeding against the SG Defendants.
No Admission of Fault or Wrongdoing. 48. The Settlement, this Settlement Agreement, and the negotiation and mediation thereof shall in no way constitute, be construed as, or be evidence of an admission or concession of any violation of any statute or law; of any fault, liability, or wrongdoing; or of any infirmity in the claims or defenses of the Parties with regard to any of the Complaints, claims, allegations, or defenses asserted or that could have been asserted in the Rotstain Litigation or any other proceeding relating to any Settled Claim, or any other proceeding in any Forum. The Settlement and this Settlement Agreement are a resolution of disputed claims in order to avoid the risk and very substantial expense of protracted litigation. The Settlement, this Settlement Agreement, and evidence thereof shall not be used, directly or indirectly, in any way, in the Rotstain Litigation, the SEC Action, the Xxxxx Litigation, the Joint Liquidators’ Claim, or in any other proceeding, other than to enforce the terms and/or intent of the Settlement, this Settlement Agreement, and the Bar Order.
