No Admission of Liability or Wrongdoing. The Parties have resolved the Action on a mutually agreeable basis after extensive arms-length negotiations, with no concession, acknowledgment or admission whatsoever of liability or wrongdoing of any kind by Xxxxxx. Nothing in the fact or principal terms of settlement, the settlement proceedings, the settlement negotiations, this Agreement or any stipulation to or certification of the Settlement Class shall constitute or be used as an admission of any act or omission, liability or wrongdoing of any kind by Grande, or be used or offered in any action or proceeding or received in evidence against Grande as an admission, concession, presumption, or inference in any way, in any matter or otherwise, including as an admission of the propriety or feasibility of certifying a class. Xxxxxx expressly denies any and all claims of wrongdoing and denies any and all liability to Plaintiff and the Settlement Class. Any and all discussions, statements, and/or communications of any type between the Parties and their counsel in the course of settlement negotiations shall remain confidential subject to Federal Rule of Evidence 408 and any similar state rule of evidence.
Appears in 2 contracts
Samples: Stipulated Settlement Agreement and Release, Stipulated Settlement Agreement and Release
No Admission of Liability or Wrongdoing. The Parties have resolved the Action on a mutually agreeable basis after extensive arms-length negotiations, with no concession, acknowledgment or admission whatsoever of liability or wrongdoing of any kind by XxxxxxElixir. Nothing in the fact recitals or principal terms of settlement, the settlement proceedings, the settlement negotiations, this Agreement or any stipulation to or certification of the Settlement Class shall constitute or be used as an admission of any act or omission, liability or wrongdoing of any kind by GrandeElixir, or be used or offered in any action or proceeding or received in evidence against Grande Elixir as an admission, concession, presumption, or inference in any way, in any matter or otherwise, including as an admission of the propriety or feasibility of certifying a class. Xxxxxx Elixir expressly denies any and all claims of wrongdoing and denies any and all liability to Plaintiff and the Settlement Class. Any and all discussions, statements, and/or communications of any type between the Parties and their counsel in the course of settlement negotiations shall remain confidential subject to Federal Rule of Evidence 408 and any similar state rule of evidenceconfidential.
Appears in 2 contracts
Samples: Stipulated Class Settlement Agreement and Release, Stipulated Class Settlement Agreement and Release