No Evidence Sample Clauses

No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, any other action, or in any judicial, administrative, regulatory, or other proceeding, except in a proceeding to enforce this Settlement Agreement or the relief provided herein. Further, neither this Settlement Agreement nor any related negotiations, statements, or proceedings shall be construed as, offered as, used as, or deemed to be evidence or an admission or concession by any person of any matter, including but not limited to any liability or wrongdoing on the part of Defendants or as a waiver by them of any applicable defense.
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No Evidence. Neither PIcArbs nor the NEvaluator may be called as a witness by either Party in any subsequent proceedings.
Sample 1Sample 2
No Evidence. The Parties further agree that, whether or not this Settlement Agreement is finally approved or is terminated, neither this Settlement Agreement nor any document relating to it shall be offered in evidence in any action or proceeding in any court, agency or tribunal, except to seek court approval of this Settlement Agreement or to give effect to and enforce the provisions of this Settlement Agreement.
Sample 1
No Evidence. It is understood that this Agreement, and the terms and provisions contained herein, shall not be used as evidence of liability or other alleged wrongdoing in any action, suit or proceeding whatsoever, whether or not a Party to the Claims is the Party asserting such claim. Nothing herein shall prevent this Agreement or its terms from being used, offered, or received in any proceeding to enforce any or all the terms of this Agreement.
Sample 1
No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, any other action, or in any judicial, administrative, regulatory, or other proceeding, except (a) in a proceeding to enforce this Settlement Agreement or the relief provided herein, or (b) in the event that this Settlement Agreement is relevant to a claim of res judicata or other preclusion in subsequent litigation, including litigation other than this Action.
Sample 1
No Evidence. The parties agree and acknowledge that neither this Settlement Agreement, nor the terms hereof or negotiations relating hereto, shall be offered, used or considered as evidence in any action or proceeding of any type against or involving the Catalent Releasees or Acorda Releasees, except to the extent necessary to enforce the terms hereof.
Sample 1
No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, or any other action, or in any judicial, administrative, regulatory, or other proceeding, except in a proceeding to enforce this Settlement Agreement or the relief provided herein and in any proceeding in which the Released Parties, or those in privity with them, claim that the Settlement Agreement constitutes an affirmative defense. Further, neither this Settlement Agreement nor any related negotiations, statements, or proceedings shall be construed as, offered as, used as, or deemed to be evidence or an admission or concession by any person of any matter, including but not limited to any liability or wrongdoing on the part of Defendants or as a waiver by Defendants of any applicable defense.
Sample 1
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No Evidence. 14.2.1 The Parties further agree that, whether or not this Settlement Agreement is finally approved or is terminated, neither this Settlement Agreement nor any document relating to it shall be offered in evidence in any action or proceeding in any court, agency or tribunal, except to: (1) seek court approval of this Settlement Agreement; (2) give effect to and enforce the provisions of this Settlement Agreement; and (3) prosecute and prove the Indemnity Claim. 14.2.2 The Parties agree that neither the execution of this Settlement Agreement, nor any of its provisions or attachments, nor any action taken pursuant to its terms shall, in the Action or in any other action or proceeding, be construed or considered as evidence of an admission by the Defendants of the validity of any of the claims that have or could have been made by the Plaintiff or any Class Member. This Settlement Agreement, however, may be admitted as evidence in any action to enforce its terms. 14.2.3 The Parties agree that this Settlement Agreement and the Settlement provided for herein, and any proceedings taken pursuant thereto, are not, and should not in any event be, offered, received, or construed as evidence of, a presumption of, concession of, or an admission by any of the Parties in respect of any of the following: (a) the liability or non-liability of any person, including without limitation any of the Released Parties or any of the Parties; (b) the suitability or unsuitability for certification of any litigation class whatsoever; (c) the extent to which any claim against the Released Parties could satisfy the requirements for certification of a litigation class if certification were contested; or (d) the making of any alleged misrepresentation or omission in any statement or written document approved or made by any Released Party or Party. 14.2.4 Notwithstanding sections 14.2.1 and 14.2.2, reference may be made to this Settlement Agreement and the Settlement provided for herein in such proceedings as may be necessary to give effect to the provisions of this Settlement Agreement, as further set forth in this Settlement Agreement. In addition, and for greater certainty, nothing in this Settlement Agreement precludes the use or admission into evidence of this Settlement Agreement in a proceeding between the Defendants and their insurers or by the Defendants in the Indemnity Action.
Sample 1
No Evidence. The Parties have entered into this Agreement to avoid the substantial costs, inconvenience, and uncertainties of litigation. This Agreement is not evidence and cannot be used as evidence that the County, or its appointing authorities, employees, agents and/or affiliates, have violated or failed to comply with any law, statute or other legal requirement. Further, this Agreement is not evidence, and cannot be used as evidence that the County has deprived the Plaintiffs or any other person or entity of any rights, duties, or obligations under law, statute or otherwise. This Agreement is made on a non-precedent setting, no-citation basis, and the Plaintiffs’ shall not refer to it in any subsequent proceeding except for claims of violation of this Agreement.
Sample 1

Related to No Evidence

  • Prima Facie Evidence The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.

  • Title Evidence Seller agrees to share equally with Buyer the closing agent costs and the cost of a title insurance company’s commitment and standard ALTA form owner’s policy (except survey matters) to the Property, showing a marketable title vested in Seller, subject to easements, restrictions, covenants, and other matters of record. Any endorsements shall be paid solely by Buyer. The title evidence shall be presented to prospective Buyer on day of auction. Buyer acknowledges: (a) receipt of the title commitment prior to entering into this agreement; (b) review of the title commitment to the Buyer’s full satisfaction; and (c) waiver of any right to object to any exceptions listed therein. If Seller fails to satisfy all such title requirements imposed on Seller pursuant to title commitment, Buyer may, as its sole remedy and at Buyer’s election, either: (a) cancel this agreement and receive a return of Buyer’s xxxxxxx money and, in that event, this Agreement will be canceled and the parties will have no further obligations to each other; or (b) accept such title as Seller can deliver. Buyer waives any right to seek specific performance or to seek damages from Seller.

  • Accounts prima facie evidence If any accounts maintained under Clauses 16.9 and 16.10 show an amount to be owing by a Borrower or a Security Party to a Creditor Party, those accounts shall be prima facie evidence that that amount is owing to that Creditor Party.

  • Other Evidence The Company and the Stockholder shall have received from the Purchaser such further certificates and documents evidencing due action in accordance with this Agreement, including certified copies of proceedings of the Board of Directors of the Purchaser, as the Company and the Stockholder reasonably shall request.

  • Categories of Evidence Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

  • Oral Evidence This Agreement constitutes the entire Agreement between the parties and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or parties against which enforcement or the change, waiver discharge or termination is sought.

  • Conditions Applicable to Insurance All policies of insurance required by this solicitation or any Contract resulting from this solicitation must meet the following requirements:

  • Documentary Evidence For purposes of this Annex I, acceptable documentary evidence includes any of the following: 1. A certificate of residence issued by an authorized government body (for example, a government or agency thereof, or a municipality) of the jurisdiction in which the payee claims to be a resident. 2. With respect to an individual, any valid identification issued by an authorized government body (for example, a government or agency thereof, or a municipality), that includes the individual’s name and is typically used for identification purposes. 3. With respect to an Entity, any official documentation issued by an authorized government body (for example, a government or agency thereof, or a municipality) that includes the name of the Entity and either the address of its principal office in the jurisdiction (or U.S. Territory) in which it claims to be a resident or the jurisdiction (or U.S. Territory) in which the Entity was incorporated or organized. 4. With respect to a Financial Account maintained in a jurisdiction with anti-money laundering rules that have been approved by the IRS in connection with a QI agreement (as described in relevant U.S. Treasury Regulations), any of the documents, other than a Form W-8 or W-9, referenced in the jurisdiction’s attachment to the QI agreement for identifying individuals or Entities. 5. Any financial statement, third-party credit report, bankruptcy filing, or U.S. Securities and Exchange Commission report.

  • Conditions for Participation III. 1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

  • PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with County at County’s election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be reasonably requested by County, in order for County to evaluate features of the Engineering Services. At the request of County or Engineer, conferences shall be provided at Engineer's office, the offices of County, or at other locations designated by County. When requested by County, such conferences shall also include evaluation of the Engineering Services. County may, from time to time, require Engineer to appear and provide information to the Williamson County Commissioners Court. Should County determine that the progress in Engineering Services does not satisfy an applicable Work Authorization or any Supplemental Work Authorization related thereto, then County shall review same with Engineer to determine corrective action required. Engineer shall promptly advise County in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: A. Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of an applicable Work Authorization or any Supplemental Work Authorization related thereto, or preclude the attainment of Project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and County assistance needed to resolve the situation, if any; and B. Favorable developments or events which enable meeting goals sooner than anticipated in relation to an applicable Work Authorization’s or any Supplemental Work Authorization related thereto.

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