Common use of No Admissions Clause in Contracts

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither 44. Except as otherwise expressly provided herein, this JudgmentSettlement Agreement, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith):it: (a) a. shall not be offered or received against Defendants for any of the Defendants’ Releasees purpose, including without limitation as evidence of, or construed as, as or deemed to be evidence of of, any presumption, concession, concession or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs or the validity of any claim Claim that was or could have been asserted or the deficiency of any defense that has had been or could have been asserted against Defendants in this the Action or in any other litigation, or of any liability, negligence, fault or wrongdoing of Defendants; b. shall not be offered or received against Defendants for any purpose, including without limitation 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 any Defendant, or against Plaintiffs or any other wrongdoing Class Members as evidence of any kind infirmity in the claims of Plaintiffs or the other Class Members; c. shall not be offered or received against Defendants or against Plaintiffs or any other Class Members for any purpose, including without limitation as evidence of the Defendants’ Releasees a presumption, concession or admission with respect to any liability, negligence, fault or wrongdoing, or in any way referred to for any other reason as against any of the Defendants’ ReleaseesParties to this Settlement Agreement, in any other civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releaseesthis Settlement Agreement; provided, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merithowever, that any of if this Settlement Agreement is approved by the Defendants’ Releasees had meritorious defensesCourt, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect Defendants may refer to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary them to effectuate the provisions of the Stipulation; orliability protection granted them hereunder; (c) d. shall not be construed against Defendants, Plaintiffs or any of the Releasees other Class Members for any purpose, including without limitation as an admission, concession, admission or presumption concession that the consideration to be given under the Settlement hereunder represents the amount which that could be or would have been recovered after trial; providedand/or e. shall not be construed as or received in evidence as an admission, however, concession or presumption against Plaintiffs or other Class Members or any of them that any of their Claims are without merit or that damages recoverable under the Parties and Amended Complaint would not have exceeded the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the SettlementSettlement Amount.

No Admissions. Neither If this JudgmentAgreement does not become effective or is cancelled, withdrawn, or terminated for any reason, it shall be deemed negotiation for settlement purposes only and will not be admissible in evidence or usable for any purposes whatsoever in the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (Litigation or any proceedings between the Parties or in any other plan of allocation that action related to the Released Claims or otherwise involving the Parties or any Released Party. Nothing in this Agreement may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to may be evidence used as, an admission by the Class Representative that any of his claims are without merit. Nothing in this Agreement may constitute, may be construed as, or may be used as an admission by Defendant of any presumptionfault, concessionwrongdoing, or admission by any liability whatsoever or that class certification is appropriate. Defendant continues to affirmatively deny all liability and all of the Defendants’ Releasees with respect claims, contentions, Released Claims, and each and every allegation made by the Class Representative in the Litigation. This Agreement reflects, among other things, the compromise and settlement of disputed claims among the Parties hereto, and neither this Agreement nor the releases given herein, nor any consideration therefore, nor any actions taken to the truth carry out this Agreement are intended to be, nor may they be deemed or construed to be, an admission or concession of any fact alleged by Plaintiffs liability, or the validity of any claim that was claim, or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigationdefense, or of any liabilitypoint of fact or law (including but not limited to matters respecting class certification) on the part of any Party. Defendant expressly denies all the allegations in the complaint. Neither this Agreement, negligencenor the fact of settlement, faultnor the settlement proceedings, nor settlement negotiations, nor any related document, shall be used as an admission of any fault or omission by the Released Parties, or other wrongdoing be offered or received in evidence as an admission, concession, presumption, or inference of any kind of any of wrongdoing by the Defendants’ Releasees or Released Parties in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than except that this Agreement may be offered or received in evidence in such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) consummate, interpret, or enforce this Agreement. Nothing in this Settlement shall be offered against deemed an admission or agreement by any of person as to the Plaintiffs’ Releaseesvalidity, as evidence ofinvalidity, enforceability, or construed as, or deemed to be evidence unenforceability of any presumption, concession or admission by any of the Plaintiffs’ Releasees arbitration agreement that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than may exist between such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties Class Member and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the SettlementDefendant.

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Lead Plaintiffs or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), nor the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees Released Parties as evidence of, or construed as, as or deemed to be evidence of of, any presumption, concession, or admission by any of the Defendants’ Releasees Released Parties with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or any other of Plaintiffs’ Released Parties, or the validity of any claim that was or could have been asserted against any of the Defendants’ Released Parties, or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of with respect to any of the Defendants’ Releasees Released Parties, or in any way referred to for any other reason as against any of the Defendants’ ReleaseesReleased Parties, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the this Stipulation; (b) shall be offered against any of the Plaintiffs’ ReleaseesReleased Parties, as evidence of, or construed as, or deemed to be evidence of any presumption, concession concession, or admission by any of the Plaintiffs’ Releasees Released Parties that any of their claims are without merit, that any of the Defendants’ Releasees Released Parties had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ ReleaseesReleased Parties, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the this Stipulation; or (c) shall be construed against any of the Releasees Released Parties as an admission, concession, or presumption that the consideration to be given under the Settlement hereunder represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees Released Parties and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated)Stipulation, including the exhibits thereto and the Plan of Allocation contained therein (thereto, or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement of the Derivative Claims (including any arguments proffered in connection therewith): ): (a) shall be offered against any of the DefendantsReleased Pearl City Parties’ Releasees Persons as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the DefendantsReleased Pearl City Parties’ Releasees with respect to the truth of any fact alleged by Plaintiffs the Xxxxxx Parties in the Derivative Claims or during the Action or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this the Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the DefendantsReleased Pearl City Parties’ Releasees Persons or in any way referred to for any other reason as against any of the DefendantsReleased Pearl City Parties’ ReleaseesPersons, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; Revised Settlement; (b) shall be offered against any of the PlaintiffsReleased Xxxxxx Parties’ Releasees, Persons as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the PlaintiffsReleased Xxxxxx Parties’ Releasees Persons that any of their claims are without merit, that any of the DefendantsReleased Pearl City Parties’ Releasees Persons had meritorious defenses, or that damages recoverable under the Complaint Derivative Claims would not have exceeded the Settlement Amount settlement consideration or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the PlaintiffsReleased Xxxxxx Parties’ ReleaseesPersons, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Revised Settlement.

No Admissions. Neither this This Judgment, the Term SheetPreliminary Approval Order, the Stipulation Settlement Agreement (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), materials submitted in support of the Plan of Allocation, and the negotiations leading that led to the execution agreement in principle reached on or about October 30, 2018, the negotiation of the Term Sheet Settlement Agreement and its exhibits, and any papers submitted in support of approval of the StipulationSettlement, nor and any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or Settlement Agreement or approval of the Settlement (including any arguments proffered in connection therewith): ): (a) shall not be offered against any of the Defendants’ Releasees Defendants as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs Plaintiff or the validity of any claim that was or was, could have been been, or may be asserted or the deficiency of any defense that has been or been, could have been been, or may be asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of by any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; ; (b) shall not be offered against any of the Plaintiffs’ Releasees, Plaintiff as evidence of, or construed as, or deemed to be evidence of any a presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, Plaintiff in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the StipulationSettlement Agreement; or provided, however, that if the Settlement Agreement is approved by the Court, the Parties and their respective counsel may refer to it to effectuate the protections from liability granted thereunder or otherwise to enforce the terms of the Settlement; (c) shall not be construed against any of the Releasees Parties as an admission, concession, or presumption that the consideration to be given under the Settlement Amount represents the amount which could be or would have been recovered by the Settlement Class after trialtrial with respect to their claims in the Action; provided, however(d) shall not be construed against the Plaintiff or any other plaintiff party that any of the claims asserted or to be asserted in the Action are without merit, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms any of the SettlementDefendants have or had meritorious defenses, or that damages recoverable by the Settlement Class would not have exceeded the Settlement Amount.

No Admissions. Neither 42. Except as otherwise expressly provided herein, this JudgmentSettlement Agreement, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) it: shall not be offered or received against Defendants for any of the Defendants’ Releasees purpose, including without limitation as evidence of, or construed as, as or deemed to be evidence of of, any presumption, concession, concession or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs or the validity of any claim Claim that was or could have been asserted or the deficiency of any defense that has had been or could have been asserted against Defendants in this the Action or in any other litigation, or of any liability, negligence, fault or wrongdoing of Defendants; shall not be offered or received against Defendants for any purpose, including without limitation 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 any Defendant, or against Plaintiffs or any other wrongdoing Class Members as evidence of any kind infirmity in the claims of Plaintiffs or the other Class Members; shall not be offered or received against Defendants or against Plaintiffs or any other Class Members for any purpose, including without limitation as evidence of the Defendants’ Releasees a presumption, concession or admission with respect to any liability, negligence, fault or wrongdoing, or in any way referred to for any other reason as against any of the Defendants’ ReleaseesParties to this Settlement Agreement, in any other civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of this Settlement Agreement; provided, however, that if this Settlement Agreement is approved by the Stipulation; (b) Court, Defendants may refer to them to effectuate the liability protection granted them hereunder; shall not be offered construed against any of the Defendants, Plaintiffs’ Releasees, as evidence of, or construed asany other Class Members for any purpose, including without limitation as an admission or deemed concession that the consideration to be given hereunder represents the amount that could be or would have been recovered after trial; and/or shall not be construed as or received in evidence of any presumptionas an admission, concession or admission by presumption against Plaintiffs or other Class Members or any of the Plaintiffs’ Releasees them that any of their claims Claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, merit or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the SettlementAmount.

No Admissions. Neither this Judgment, the Term Sheet, Settlement Agreement nor the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation settlement contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulationtherein, nor any proceedings taken act performed or document executed pursuant to or in connection with the Term Sheet, the Stipulation and/or approval furtherance of the Settlement (including any arguments proffered in connection therewith):Agreement or the settlement: (a) shall be offered against any of the Defendants’ Releasees Defendants as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs or the validity of any claim that was or could have been asserted asserted, or the deficiency of any defense that has been or could have been asserted asserted, in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees Defendants or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ ReleaseesReleasing Parties, as evidence of, or construed as, or deemed to be evidence of any presumption, concession concession, or admission by any of the Plaintiffs’ Releasees Releasing Parties that any of their claims are without merit, that any of the Defendants’ Releasees Defendants had meritorious defenses, or that damages recoverable under the Plaintiffs’ Third Amended Class Action Complaint and Jury Trial Demand would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ ReleaseesReleasing Parties, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the StipulationSettlement Agreement; or (c) shall be construed against any of the Releasees Released Parties as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Term Sheet, This Judgment and the Stipulation (including any exhibits thereto, the Supplemental Agreement, and any Plan of Allocation), whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (whether or any other plan of allocation that may be not approved by the Court), the negotiations leading and any discussion, negotiation, proceeding, or agreement relating to the execution of the Term Sheet and the Stipulation, nor the Settlement, and any proceedings taken pursuant to or matter arising in connection with settlement discussions or negotiations, proceedings, or agreements, shall not be offered or received against or to the Term Sheet, the Stipulation and/or approval prejudice of any of the Settlement (including Parties or their respective counsel, for any arguments proffered purpose other than in connection therewith):an action to enforce the terms hereof, and in particular: (a) do not constitute, and shall not be offered or received against or to the prejudice of any of the Defendants’ Releasees Released Defendant Parties as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Released Defendant Parties with respect to the truth of any fact alleged allegation by Co-Lead Plaintiffs or the Settlement Class, or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this the Action or in any other litigation, including but not limited to the Released Plaintiffs’ Claims, or of any liability, damages, negligence, fault or wrongdoing of any of the Released Defendant Parties or any person or entity whatsoever, or of any infirmity in any of Defendants’ defenses; (b) do not constitute, and shall not be offered or received against or to the prejudice of any of the Released Defendant Parties 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 any of the Defendants, or against or to the prejudice of Co-Lead Plaintiffs, or any other member of the Settlement Class as evidence of any infirmity in the claims of Co-Lead Plaintiffs, or the other members of the Settlement Class; (c) do not constitute, and shall not be offered or received against or to the prejudice of any of the Released Defendant Parties, Co-Lead Plaintiffs, any other member of the Settlement Class, or their respective counsel, as evidence of a presumption, concession, or admission with respect to any liability, damages, negligence, fault, infirmity, or other wrongdoing of any kind of any of the Defendants’ Releasees wrongdoing, or in any way referred to for any other reason as against or to the prejudice of any of the Defendants’ ReleaseesReleased Defendant Parties, Co-Lead Plaintiffs, other members of the Settlement Class, or their respective counsel, in any other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the this Stipulation; (bd) do not constitute, and shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees Released Defendant Parties, Co-Lead Plaintiffs, or any other member of the Settlement Class, as an admission, concession, admission or presumption concession that the consideration to be given under the Settlement hereunder represents the amount which that could be or would have been recovered after trial; providedand (e) do not constitute, howeverand shall not be construed as or received in evidence as an admission, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder concession, or otherwise to enforce the terms presumption against Co-Lead Plaintiffs or any other member of the Settlement.the

No Admissions. Neither this JudgmentThis Settlement Agreement and all negotiations, the Term Sheetpapers, the Stipulation (statements, and proceedings in connection therewith, whether or not the terms of this Settlement Agreement are finally approved and consummated), including the exhibits thereto are not and the Plan of Allocation contained therein (or will not in any other plan of allocation that may event be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of, an admission or concession on the part of Defendant of any presumption, concessionliability or wrongdoing, or an admission by any or concession on the part of the Defendants’ Releasees with respect to the truth of Class Representatives that Defendant is not liable or has not committed any fact alleged by Plaintiffs wrongdoing, and will not be offered or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted received in this Action or evidence in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings or used in any way as may an admission, concession or evidence of any liability (or lack thereof) or wrongdoing (or lack thereof) of any nature on the part of Defendant and will not be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of, an admission or concession that the Class Representatives or any Settlement Class Member has suffered any damage or has not suffered any damage. This Agreement will not be offered or be admissible in evidence against Defendant or the Class Representatives except in any action or proceeding brought by or against the Class Representatives, the Settlement Class, Settlement Class Members, or Defendant to enforce its terms, or by the Released Parties in defense of any presumptionclaims brought by the Class Representatives, concession the Settlement Class or admission by Settlement Class Members. The provisions of this Paragraph will become effective when this Settlement Agreement is signed and will be binding on the Parties and their counsel regardless of whether this Settlement Agreement is finally approved or terminated for any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defensesreason, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to rendered null and void. Defendant enters into this Agreement without in any way acknowledging any fault, liability, negligence, fault or wrongdoing of any kind, or . Defendant expressly denies that it has engaged in any way referred misconduct, and agrees to for settle to avoid the continued expense and distraction of litigation. Neither this Agreement, any other reason as against of its terms or provisions, nor any of the Plaintiffs’ Releaseesnegotiations or proceedings connected with it, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall will be construed against as an admission or concession by Defendant or the Released Parties of any of the Releasees as an admission, concessionallegations in the Action, or presumption that of any liability, fault, or wrongdoing of any kind on the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties part of Defendant and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the SettlementReleased Parties.

No Admissions. Neither this Judgment, the Term Sheet, Judgment nor the Stipulation (whether or not consummated), including the exhibits thereto hereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term SheetStipulation, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) ); shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) ; shall be offered against any of the Plaintiffs’ Plaintiff’s Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession concession, or admission by any of the Plaintiffs’ Plaintiff’s Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Plaintiff’s Releasees, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) or shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement Stipulation represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder under this Judgment and thereunder the Stipulation or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment40. This Amended Producer Class Action Settlement Agreement, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith):it: (a) a. shall not be offered or received against any of the Defendants’ Releasees Defendants as evidence of, or construed as, as or deemed to be evidence of of, any presumption, concession, concession or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs plaintiffs or the validity of any claim that was or could have been asserted or the deficiency of any defense that has had been or could have been asserted against the Defendants in this Action the Producer Class Action, the Nebraska Action, or in any other litigation, or of any liability, negligence, fault, fault or other wrongdoing of any kind of any of the Defendants’ ; b. shall not be offered or received against the Defendants 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 any Defendant, or against the Representative Plaintiffs or any other Class Members as evidence of any infirmity on the claims of the Representative Plaintiffs or the other Class Members; c. shall not be offered or received against the Defendants or Releasees or against the Representative Plaintiffs or any other Class Members as evidence of a presumption, concession or admission with respect to any liability, negligence, fault or wrongdoing, or in any way referred to for any other reason as against any of the Defendants’ ReleaseesParties to this Stipulation, in any other civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releaseesthis Amended Producer Class Action Settlement Agreement; provided, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merithowever, that any of if this Amended Producer Class Action Settlement Agreement is approved by the Defendants’ Court, Defendants or Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect may refer to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary it to effectuate the provisions of the Stipulationliability protection granted them hereunder; or (c) d. shall not be construed against Defendants, Releasees, Representative Plaintiffs or any of the Releasees other Settlement Class Members as an admission, concession, admission or presumption concession that the consideration to be given under the Settlement hereunder represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this Judgment, the Term Sheetjudgment, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged allegation by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Plaintiff’s Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession concession, or admission by any of the Plaintiffs’ Plaintiff’s Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Plaintiff’s Releasees, in any civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which that could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this This Judgment, the Term SheetPreliminary Approval Order, the Stipulation Agreement (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), materials submitted in support of the Plan of Allocation, and the negotiations leading that lead to the execution agreement in principle reached on March 3, 2015, the negotiation of the Term Sheet Agreement and its exhibits, and any papers submitted in support of approval of the StipulationSettlement, nor and any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or Agreement or approval of the Settlement (including any arguments proffered in connection therewith): ): (a) shall not be offered against any of the Defendants’ Releasees Defendants as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs the Plaintiff or the validity of any claim that was or was, could have been been, or may be asserted or the deficiency of any defense that has been or been, could have been been, or may be asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of by any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; ; (b) shall not be offered against any of the Plaintiffs’ Releasees, Plaintiff as evidence of, or construed as, or deemed to be evidence of any a presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, Plaintiff in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the StipulationAgreement; or provided, however, that if the Agreement is approved by the Court, the Parties and their respective counsel may refer to it to effectuate the protections from liability granted thereunder or otherwise to enforce the terms of the Settlement; (c) shall not be construed against any of the Releasees Parties as an admission, concession, or presumption that the consideration to be given under the Settlement Amount represents the amount which could be or would have been recovered by the Settlement Classes after trialtrial with respect to their claims in the Actions; provided, however(d) shall not be construed against the Plaintiff or any other plaintiff party that any of the claims asserted or to be asserted in the Actions are without merit, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms any of the SettlementDefendants have or had meritorious defenses, or that damages recoverable by the Settlement Classes would not have exceeded the Settlement Amount.

No Admissions. Neither this JudgmentOrder, the Term Sheet, the Stipulation Settlement Agreement (whether or not consummated), including the exhibits thereto and the Distribution Plan of Allocation contained therein (or any other form of plan of allocation distribution that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the StipulationSettlement Agreement, nor any proceedings taken pursuant to or in connection with the Term SheetSettlement Agreement, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall a. Xxxxx be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the StipulationSettlement Agreement; (b) shall b. Shall be offered against any of the Plaintiffs’ ReleaseesReleasors, as evidence of, or construed as, or deemed to be evidence of any presumption, concession concession, or admission by any of the Plaintiffs’ Releasees Releasors that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount Benefit or with respect to any liability, negligence, fault fault, or wrongdoing of any kind, or in any way referred to for any other reason related to the Mini-Bonds as against any of the Plaintiffs’ ReleaseesReleasors, in any arbitration proceeding or other civil, criminal criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the StipulationSettlement Agreement; or (c) shall c. Shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided. However, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment Order and the Stipulation Settlement Agreement to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Plaintiffs Lead Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Plaintiff’s Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Plaintiff’s Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Plaintiff’s Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Settlement Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto hereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Settlement Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Settlement Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Releasee with respect to the truth of any fact alleged by Plaintiffs Plaintiff or the validity of any claim Claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Plaintiff’s Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Plaintiff’s Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Plaintiff’s Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement hereunder represents the amount which that could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.and

No Admissions. Neither this Judgment, the Term Sheet, nor the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Defendant’s Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Defendant’s Releasees with respect to the truth of any fact alleged by Plaintiffs Plaintiff or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Defendant’s Releasees or in any way referred to for any other reason as against any of the Defendants’ Defendant’s Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Plaintiff’s Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Plaintiff’s Releasees that any of their claims are without merit, that any of the Defendants’ Defendant’s Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Plaintiff’s Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Lead Plaintiffs or the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, fault or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount Amount, or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, concession or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this Final Approval Order, nor the accompanying Final Judgment, nor the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the StipulationAgreement, nor any proceedings taken pursuant to of its terms or in connection with the Term Sheetprovisions, the Stipulation and/or approval nor any of the Settlement (including negotiations between the Parties or their counsel, nor any arguments proffered in connection therewith): (a) shall action taken to carry out this Order or the Final Judgment, is, may be offered construed as, or may be used as an admission or concession by or against any of the Defendants’ Releasees as evidence Parties or the Released Persons of, or construed as, or deemed to be evidence : (a) the validity of any presumptionclaim or liability, concessionany alleged violation or failure to comply with any law, any alleged breach of contract, any legal or admission by any of the Defendants’ Releasees with respect to factual argument, contention or assertion; (b) the truth or relevance of any fact alleged by Plaintiffs or Plaintiffs; (c) the existence of any class alleged by Plaintiffs; (d) the propriety of class certification if the Litigation were to be litigated rather than settled; (e) the validity of any claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action the Litigation or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; ; (bf) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the to Preferred Trusts Settlement Class Members hereunder represents the amount which could be or would have been recovered by any such persons after trial; or (g) the propriety of class certification in any other proceeding or action. Entering into or carrying out the Agreement, and any negotiations or proceedings related to it, shall not in any event be construed as, or deemed evidence of, an admission or concession as to the Settling Defendants’ denials, defenses, factual or legal positions, and shall not be offered or received in evidence in this litigation or any action or proceeding against any party in any court, administrative agency or other tribunal for any purpose whatsoever, except as necessary (i) to enforce the terms of this Order and the Agreement or to prove or show that a compromise in settlement of the Released Claims per the Agreement, in fact, was reached, or (ii) to show, if appropriate, the recoveries obtained by the Named Plaintiffs and other Preferred Trust Class Members’ hereunder, including, without limitation, the damages, attorney’s fees award and costs; provided, however, that the Parties this Order and the Releasees Agreement may be filed by a Settling Defendant in any action against or by a Settling Defendant or the Released Persons to support a defense of res judicata, collateral estoppel, release, waiver, good faith settlement, judgment bar or reduction, full faith and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder credit, or otherwise to enforce the terms any other theory of the Settlementclaim preclusion, issue preclusion or similar defense or counterclaim.

No Admissions. Neither this Judgment, the Term SheetMOU, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet MOU and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term SheetMOU, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Lead Plaintiffs or the validity of any claim Claim that was or could have been asserted or the deficiency of any defense that has been or could have been asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releasees, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merit, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; or (c) shall be construed against any of the Releasees as an admission, concession, or presumption that the consideration to be given under the Settlement represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.

No Admissions. Neither this Judgment40. This Producer Class Action Settlement Agreement, the Term Sheet, the Stipulation (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Term Sheet and the Stipulation, nor any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith):it: (a) a. shall not be offered or received against any of the Defendants’ Releasees Defendants as evidence of, or construed as, as or deemed to be evidence of of, any presumption, concession, concession or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs plaintiffs or the validity of any claim that was or could have been asserted or the deficiency of any defense that has had been or could have been asserted against the Defendants in this Action the Producer Class Action, the Nebraska Action, or in any other litigation, or of any liability, negligence, fault, fault or other wrongdoing of any kind of any of the Defendants’ ; b. shall not be offered or received against the Defendants 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 any Defendant, or against the Representative Plaintiffs or any other Class Members as evidence of any infirmity on the claims of the Representative Plaintiffs or the other Class Members; c. shall not be offered or received against the Defendants or Releasees or against the Representative Plaintiffs or any other Class Members as evidence of a presumption, concession or admission with respect to any liability, negligence, fault or wrongdoing, or in any way referred to for any other reason as against any of the Defendants’ ReleaseesParties to this Stipulation, in any other civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ Releaseesthis Producer Class Action Settlement Agreement; provided, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merithowever, that any of if this Producer Class Action Settlement Agreement is approved by the Defendants’ Court, Defendants or Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded the Settlement Amount or with respect may refer to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary it to effectuate the provisions of the Stipulationliability protection granted them hereunder; or (c) d. shall not be construed against Defendants, Releasees, Representative Plaintiffs or any of the Releasees other Settlement Class Members as an admission, concession, admission or presumption concession that the consideration to be given under the Settlement hereunder represents the amount which could be or would have been recovered after trial; provided, however, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms of the Settlement.;

No Admissions. Neither this This Judgment, the Term SheetPreliminary Approval Order, the Stipulation Settlement Agreement (whether or not consummated), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), materials submitted in support of the Plan of Allocation, and the negotiations leading that led to the execution agreement in principle reached on January 23, 2016, the negotiation of the Term Sheet Settlement Agreement and its exhibits, and any papers submitted in support of approval of the StipulationSettlement, nor and any proceedings taken pursuant to or in connection with the Term Sheet, the Stipulation and/or Settlement Agreement or approval of the Settlement (including any arguments proffered in connection therewith): ): (a) shall not be offered against any of the Defendants’ Releasees Defendants as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees Defendants with respect to the truth of any fact alleged by Plaintiffs or the validity of any claim that was or was, could have been been, or may be asserted or the deficiency of any defense that has been or been, could have been been, or may be asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of by any of the Defendants’ Releasees ; (b) shall not be offered against Plaintiffs as evidence of a presumption, concession or admission with respect to any liability, negligence, fault or wrongdoing of any kid, or in any way referred to for any other reason as against any of the Defendants’ Releasees, Plaintiffs in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation; (b) shall be offered against any of the Plaintiffs’ ReleaseesSettlement Agreement; provided, as evidence of, or construed as, or deemed to be evidence of any presumption, concession or admission by any of the Plaintiffs’ Releasees that any of their claims are without merithowever, that any of the Defendants’ Releasees had meritorious defenses, or that damages recoverable under the Complaint would not have exceeded if the Settlement Amount or with respect Agreement is approved by the Court, the Parties and their respective counsel may refer to any liability, negligence, fault or wrongdoing of any kind, or in any way referred to for any other reason as against any of the Plaintiffs’ Releasees, in any civil, criminal or administrative action or proceeding, other than such proceedings as may be necessary it to effectuate the provisions protections from liability granted thereunder or otherwise to enforce the terms of the StipulationSettlement; or (c) shall not be construed against any of the Releasees Parties as an admission, concession, or presumption that the consideration to be given under the Settlement Amount represents the amount which could be or would have been recovered by the Settlement Class after trialtrial with respect to their claims in the Action; provided, however(d) shall not be construed against the Plaintiffs or any other plaintiff party that any of the claims asserted or to be asserted in the Action are without merit, that the Parties and the Releasees and their respective counsel may refer to this Judgment and the Stipulation to effectuate the protections from liability granted hereunder and thereunder or otherwise to enforce the terms any of the SettlementDefendants have or had meritorious defenses, or that damages recoverable by the Settlement Classes would not have exceeded the Settlement Amount.