No Admission of Wrongdoing or Liability. 11.1 This Agreement, whether or not consummated, any communications and negotiations relating to this Agreement or the Settlement, and any proceedings taken pursuant to the Agreement:
(a) shall not be offered or received against ReproSource as evidence of or construed as or deemed to be evidence of any presumption, concession, or admission by ReproSource with respect to the truth of any fact alleged by any Plaintiffs or the validity of any claim that has been or could have been asserted in the Action or in any litigation, or the deficiency of any defense that has been or could have been asserted in the Action or in any litigation, or of any liability, negligence, fault, breach of duty, or wrongdoing of ReproSource;
(b) shall not be offered or received against ReproSource as evidence of a presumption, concession or admission of any fault, misrepresentation or omission with respect to any statement or written document approved or made by ReproSource;
(c) shall not be offered or received against ReproSource as evidence of a presumption, concession or admission with respect to any liability, negligence, fault, breach of duty, or wrongdoing, or in any way referred to for any other reason as against ReproSource, in any other civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of this Agreement; provided, however, that if this Agreement is approved by the Court, the Parties may refer to it to effectuate the liability protection granted them hereunder;
(d) shall not be construed against ReproSource as an admission or concession that the consideration to be given hereunder represents the relief that could be or would have been awarded after trial; and
(e) shall not be construed as or received in evidence as an admission, concession or presumption against the Class Representatives or any Class Member that any of their claims are without merit, or that any defenses asserted by ReproSource have any merit.
No Admission of Wrongdoing or Liability. Nothing contained in this Agreement constitutes, may be construed as, or is intended to be an admission or an acknowledgment by the Released Parties of any wrongdoing or liability, all such wrongdoing and liability being expressly denied.
No Admission of Wrongdoing or Liability. Settling Defendants do not admit or concede any liability or wrongdoing, acknowledge any validity to the Claims asserted in the Litigation, acknowledge that certification of a litigation class is appropriate as to any Claim, or acknowledge any weakness in the defenses asserted in the Litigation or any other suit, action, or proceeding, and nothing in this Settlement Agreement, the Order Granting Preliminary Approval, or the Order Granting Final Approval shall be interpreted to suggest anything to the contrary. Nothing in this Settlement Agreement, any negotiations, statements, communications, proceedings, filings, or orders relating thereto, or the fact that the Parties entered the Settlement Agreement and settled the Released Claims, shall be construed, deemed, or offered as an admission or concession by any of the Parties or Settlement Class Members or as evidentiary, impeachment, or other material available for use or subject to discovery in any suit, action, or proceeding (including the Litigation), except (i) as required or permitted to comply with or enforce the terms of this Settlement Agreement, the Order Granting Preliminary Approval, or the Order Granting Final Approval, or (ii) in connection with a defense based on res judicata, claim preclusion, collateral estoppel, issue preclusion, relative degree of fault, release, or other similar theory asserted by any of the Released Persons. The Settling Defendants retain full rights to contest the certification of any class for litigation purposes.
No Admission of Wrongdoing or Liability. Each Party understands and agrees that this Agreement is intended to compromise disputed claims and defenses, to avoid litigation, and that this Agreement shall not be construed or viewed as an admission by any Party of liability or wrongdoing, such liability or wrongdoing being expressly denied by each Party. Except for disputes regarding this Agreement, this Agreement shall not be admissible in any lawsuit, administrative action, or any judicial or administrative proceeding.
No Admission of Wrongdoing or Liability. 9.1 Defendants have denied, and continue to deny, that they committed any violation of law or of their contractual obligations or engaged in any of the wrongful acts alleged against them in the Action. Defendants are entering into this Agreement solely because the proposed Settlement would eliminate the burden, expense and risk of further litigation.
9.2 The Plaintiff Parties contend that they brought the Action against Columbia in good faith and that the claims asserted against Columbia in the Action have legal merit, but nevertheless acknowledge that Columbia would continue to assert legal and factual defenses to such claims. With the informed understanding—based on the representations of Columbia—and recognition that further litigation in the Action would only deplete any potential recovery for the Plaintiff Parties, and thereby reduce the amount of funds that could be used for the benefit of the Settlement Class, and considering that the Settlement would eliminate the burden, expense, and risk of further litigation, the Plaintiff Parties believe that the terms of the Settlement are fair, reasonable, adequate and in the best interest of the Settlement Class.
9.3 This Agreement, whether or not consummated, and any proceedings taken thereto:
(a) Shall not be offered or received against any of the Released Persons as evidence of, or construed as or deemed to be evidence of, any presumption, concession, or admission by any of the Released Persons with respect to the truth of any fact alleged in the Action by Plaintiffs or any Settlement Class Member or the validity of any claim or defense that has been or could have been asserted in the Action or in any action, or of any liability, negligence, fault, or wrongdoing of any of the Released Persons;
(b) Shall not be offered or received against any Plaintiff Party or any Settlement Class Member as evidence of, or construed as or deemed to be evidence of, any presumption, concession, or admission by any Plaintiff Party or any Settlement Class Member with respect to the truth, strength, or merit of any claim or defense that has been or could have been asserted in the Action or in any action, or with respect to any liability, negligence, fault, or wrongdoing of the Released Persons, or with respect to any alleged infirmity in the claims of Plaintiffs and the Settlement Class; nor
(c) Shall not be offered or received against any Party to the Action as evidence of a presumption, concession, or admission with respect ...
No Admission of Wrongdoing or Liability. It is understood and agreed that this Release is in compromise of all existing, potential, or disputed claims. Nothing contained in this Release will constitute, or be construed as or is intended to be, an admission or an acknowledgment by the Released Parties of any wrongdoing or liability, all such wrongdoing and liability being expressly denied.
No Admission of Wrongdoing or Liability. This Agreement is not an admission by Exide or any of the Releasees and it is specifically denied that any action Exide and/or any of the Releasees has taken or failed to take with respect to Employee was wrongful, unlawful, or susceptible of inflicting any damages or injury to Employee.
No Admission of Wrongdoing or Liability. This Agreement is not intended, and will not be construed, as an admission that Company, its subsidiaries or affiliates, or their respective past and present directors and officers, have violated any federal, state or local law (statutory or decisional), ordinance or regulation, breached any contract or committed any wrong whatsoever.
No Admission of Wrongdoing or Liability. Defendants have denied, and continue to deny, all allegations and claims asserted in the Litigation. This Settlement is made solely in order to eliminate the burden, expense, and uncertainties of further litigation.
No Admission of Wrongdoing or Liability. Neither this Settlement Agreement (regardless of whether it receives Preliminary Approval or Final Approval), nor the Final Judgment or any order for Preliminary Approval, nor any and all negotiations, documents, or discussions associated with them, nor any proceedings undertaken in accordance with the terms set forth herein, shall be deemed or construed as (i) an admission as to the merits of the allegations made in the Action, (ii) a presumption, admission or concession of fault, liability, wrongdoing, or violation of any statute or law, or (iii) used as evidence of fault, liability, wrongdoing, or violation of any statute or law, for any purpose in any legal proceeding in any forum, claim, regulatory or administrative investigation or proceeding, or government investigation or proceeding.
