No Admission of Liability or Concessions. (1) The Plaintiffs and the Defendant expressly reserve all of their rights if the Settlement is not approved, is terminated or otherwise fails to take effect for any reason. (2) This Settlement Agreement, whether or not it is implemented, anything contained in it, any and all negotiations, discussions, documents, and communications associated with this Settlement Agreement, and any action taken to implement this Settlement Agreement, shall not be deemed, construed, or interpreted to be: (a) an admission or concession by the Defendant of any fact, fault, omission, wrongdoing or liability, or of the truth of any of the claims or allegations made or which could have been made against it in the Actions, or of the application of any of the pleaded statutes to any of the claims made in the Actions, or of the entitlement of any Class Member to compensation or payment for any of the losses and damages alleged in the Actions; or (b) an admission or concession by the Plaintiffs, Class Counsel or the Class of any weakness in the claims of the Plaintiffs and the Class, or that the consideration to be given hereunder represents the amount that could or would have been recovered from the Defendant after the trial of the Actions.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
No Admission of Liability or Concessions.
(1) The Plaintiffs and the Defendant expressly reserve all of their rights if the Settlement is not approved, is terminated terminated, or otherwise fails to take effect for any reason.
(2) This Settlement Agreement, whether or not it is implemented, anything contained in it, any and all negotiations, discussions, documents, and communications associated with this Settlement Agreement, and any action taken to implement this Settlement Agreement, shall not be deemed, construed, or interpreted to be:
(a) an admission or concession by the Defendant or any other Releasee of any fact, fault, omission, wrongdoing or liability, or of the truth of any of the claims or allegations made or which could have been made against it in the Actions, or of the application of any of the pleaded statutes to any of the claims made in the Actions, or of the entitlement of any Class Member to compensation or payment for any of the losses and damages alleged in the Actions; oror
(b) an admission or concession by the Plaintiffs, Class Counsel or the Class of any weakness in the claims of the Plaintiffs and the Class, or that the consideration to be given hereunder represents the amount that could or would have been recovered from the Defendant after the trial of the Actions.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
No Admission of Liability or Concessions.
(1) The Plaintiffs Plaintiff and the Defendant CIBC Defendants expressly reserve all of their rights if the Settlement is not approved, is terminated terminated, or otherwise fails to take effect for any reason.
(2) This Settlement Agreement, whether or not it is implemented, anything contained in it, any and all negotiations, discussions, documents, and communications associated with this Settlement Agreement, and any action taken to implement this Settlement Agreement, shall not be deemed, construed, or interpreted to be:
(a) an admission or concession by the Defendant CIBC Defendants or any other Releasee of any fact, fault, omission, wrongdoing or liability, or of the truth of any of the claims or allegations made or which could have been made against it in the ActionsAction, or of the application of any of the pleaded statutes to any of the claims made in the ActionsAction, or of the entitlement of any CIBC Class Member to compensation or payment for any of the losses and damages alleged in the ActionsAction; oror
(b) an admission or concession by the PlaintiffsPlaintiff, Class Counsel or the CIBC Class Members of any weakness in the claims of the Plaintiffs Plaintiff and the CIBC Class, or that the consideration to be given hereunder provided for herein represents the amount that could or would have been recovered from the Defendant CIBC Defendants after the trial of the ActionsAction.
Appears in 1 contract
Samples: Settlement Agreement
No Admission of Liability or Concessions.
(1) The Plaintiffs and the Defendant expressly reserve all of their rights if the Settlement is not approved, is terminated or otherwise fails to take effect for any reason.
(2) This Settlement Agreement, whether or not it is implemented, anything contained in it, any and all negotiations, discussions, documents, and communications associated with this Settlement Agreement, and any action taken to implement this Settlement Agreement, shall not be deemed, construed, or interpreted to be:
(a) an admission or concession by the Defendant of any fact, fault, omission, wrongdoing or liability, or of the truth of any of the claims or allegations made or which could have been made against it in the Actions, or of the application of any of the pleaded statutes to any of the claims made in the Actions, or of the entitlement of any Class Member to compensation or payment for any of the losses and damages alleged in the Actions; oror
(b) an admission or concession by the Plaintiffs, Class Counsel or the Class of any weakness in the claims of the Plaintiffs and the Class, or that the consideration to be given hereunder represents the amount that could or would have been recovered from the Defendant after the trial of the Actions.
Appears in 1 contract
Samples: Settlement Agreement