No Admission of Liability or Lack of Merit. 18.1.1 Neither this Agreement, nor any exhibit, document, or instrument delivered hereunder or in connection herewith, nor any statement, transaction, or proceeding in connection with the negotiation, execution or implementation of this Agreement, is intended to be or shall be construed as or deemed to be evidence of an admission or concession by HOC of any fault, liability, wrongdoing or damages or of the truth of any allegations asserted by any plaintiff or claimant against it, or as an admission by any Enrolled Claimant of any lack of merit in their claims. 18.1.2 No Party, no Principal Responsible Attorney and no Enrolled Claimant shall seek to introduce and/or offer the terms of this Agreement, any statement, transaction or proceeding in connection with the negotiation, execution, or implementation of this Agreement, or any statements in the documents delivered in connection with this Agreement, or otherwise rely on the terms of this Agreement, in any judicial proceeding, except insofar as it is necessary to enforce the terms of this Agreement (or in connection with the determination of any income tax Liability of a party) or any instrument executed and delivered pursuant to this Agreement (including any Enrollment Form and the executed attachments thereto). If a Person seeks to introduce and/or offer any of the matters described herein in any proceeding against HOC or any Released Party, the restrictions of this Section 18.1.2 shall not be applicable to HOC with respect to that Person. 18.1.3 Nothing in this Article 18 applies to (i) any action to submit into evidence in any legal proceeding (past, present or future), or otherwise to file or enforce in any manner, or (ii) any other action by HOC in relation to, any Release or any Dismissal With Prejudice Stipulation that is released or provided to HOC in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
No Admission of Liability or Lack of Merit. 18.1.1 16.1.1 Neither this Agreement, nor any exhibit, document, or instrument delivered hereunder or in connection herewith, nor any statement, transaction, or proceeding in connection with the negotiation, execution execution, or implementation of this Agreement, is intended to be or shall be construed as or deemed to be evidence of an admission or concession by HOC of any fault, liability, wrongdoing wrongdoing, or damages or of the truth of any allegations asserted by any plaintiff or claimant against it, or as an admission by any Enrolled Claimant of any lack of merit in their claims.
18.1.2 16.1.2 No Party, no Principal Responsible Attorney Attorney, and no Enrolled Claimant shall seek to introduce and/or offer the terms of this Agreement, any statement, transaction transaction, or proceeding in connection with the negotiation, execution, or implementation of this Agreement, or any statements in the documents delivered in connection with this Agreement, or otherwise rely on the terms of this Agreement, in any judicial proceeding, except insofar as it is necessary to enforce the terms of this Agreement (or in connection with the determination of any income tax Liability of a party) or any instrument executed and delivered pursuant to this Agreement (including any Enrollment Form and the executed attachments thereto). If a Person seeks to introduce and/or offer any of the matters described herein in any proceeding against HOC or any Released Party, the restrictions of this Section 18.1.2 16.1.2 shall not be applicable to HOC with respect to that Person.
18.1.3 Nothing in this Article 18 applies to (i) any action to submit into evidence in any legal proceeding (past, present or future), or otherwise to file or enforce in any manner, or (ii) any other action by HOC in relation to, any Release or any Dismissal With Prejudice Stipulation that is released or provided to HOC in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
No Admission of Liability or Lack of Merit. 18.1.1 Neither this Agreement, nor any exhibit, document, document or instrument delivered hereunder or in connection herewith, nor any statement, transaction, transaction or proceeding in connection with the negotiation, execution or implementation of this Agreement, is intended to be or shall be construed as or deemed to be evidence of an admission or concession by HOC of any fault, liability, wrongdoing or damages or of the truth of any allegations asserted by any plaintiff or claimant against it, or as an admission by any Enrolled Claimant of any lack of merit in their claims.
18.1.2 No Party, no Principal Responsible Attorney and no Enrolled Claimant shall seek to introduce and/or offer the terms of this Agreement, any statement, transaction or proceeding in connection with the negotiation, execution, execution or implementation of this Agreement, or any statements in the documents delivered in connection with this Agreement, or otherwise rely on the terms of this Agreement, in any judicial proceeding, except insofar as it is necessary to enforce the terms of this Agreement (or in connection with the determination of any income tax Liability of a party) or any instrument executed and delivered pursuant to this Agreement (including any Enrollment Form and the executed attachments thereto). If a Person seeks to introduce and/or offer any of the matters described herein in any proceeding against HOC or any Released Party, the restrictions of this Section 18.1.2 shall not be applicable to HOC with respect to that Person.
18.1.3 Nothing in this Article 18 applies to (i) any action to submit into evidence in any legal proceeding (past, present or future), or otherwise to file or enforce in any manner, or (ii) any other action by HOC in relation to, to any Release or any Dismissal With with Prejudice Stipulation that is released or provided to HOC in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement (Stryker Corp)
No Admission of Liability or Lack of Merit. 18.1.1 13.1.1. Neither this Agreement, Agreement nor any exhibit, document, document or instrument delivered hereunder or in connection herewith, nor any statement, transaction, transaction or proceeding in connection with the negotiation, execution or implementation of this Agreement, is intended to be or shall be construed as or deemed to be evidence of an admission or concession by HOC Merck of any fault, liabilityLiability, wrongdoing or damages or of the truth of any allegations asserted by any plaintiff or claimant against it, or as an admission by any Enrolled Eligible Claimant of any lack of merit in their claimsEC Claims.
18.1.2 13.1.2. No Party, no Principal Responsible Attorney Enrolling Counsel and no Enrolled Program Claimant shall seek to introduce and/or offer the terms of this Agreement, any statement, transaction or proceeding in connection with the negotiation, execution, execution or implementation of this Agreement, or any statements in the documents delivered in connection with this Agreement, or otherwise rely on the terms of this Agreement, in any judicial proceeding, except insofar as it is necessary to enforce the terms of this Agreement (or in connection with the determination of any income tax Liability of a party) or any instrument executed and delivered pursuant to this Agreement (including any Enrollment Form and the executed attachments thereto). If a Person seeks to introduce and/or offer any of the matters described herein in any proceeding against HOC Merck or any Released Party, the restrictions of this Section 18.1.2 13.1.2 shall not be applicable to HOC Merck with respect to that Person.
18.1.3 13.1.3. Nothing in this Article 18 13 applies to (i) any action to submit into evidence in any legal proceeding (past, present or future), or otherwise to file or enforce in any manner, or (ii) any other action by HOC Merck in relation to, any Release or Release, any Dismissal With Prejudice Stipulation or any Future Evidence Waiver that is released or provided to HOC Merck in accordance with the terms of this Agreement.
Appears in 1 contract