Non-Evidentiary Use. Neither this Agreement nor any of its terms shall be offered or received into evidence in the Action, or in any other action or proceeding; provided, however, that nothing contained in this section “non-evidentiary use” shall prevent this Agreement from being used, offered, or received in any proceeding to enforce, construe, or finalize this Agreement.
Non-Evidentiary Use. Neither this Agreement nor any of its terms, nor any statements or conduct in the negotiation or drafting of it, shall be offered or used as evidence by Plaintiff, any Class Member (including any individual who requested to be excluded from the Class), in the Action, except as is reasonably necessary to effectuate the Agreement’s purpose and terms. This Agreement may be used by Defendant and the Released Parties to prove or defend against any claim released herein by any Class Member in any judicial, quasi-judicial, administrative, or governmental proceeding.
Non-Evidentiary Use. Except for purposes of effectuating the Settlement pursuant to the terms and conditions herein, and/or for Defendant (and/or a Released Party) to establish that a Settlement Class Member has resolved any of his/her claims released through this Agreement, and regardless of whether the Final Approval Order is entered, neither this Agreement nor any of its terms (including, but not limited to, the payment of the GSA) nor the Settlement itself shall be construed as, offered, or admitted in evidence as, received as, or deemed to be evidence, in any further proceeding in the Lawsuits, or any other civil, criminal, and/or administrative action or proceeding, for any purpose adverse to Defendant or any of the Released Parties, including but not limited to, evidence of a presumption, concession, indication, or admission by Defendant or any of the Released Parties of any liability, fault, wrongdoing, omission, concession, or damage.
Non-Evidentiary Use. 23 Whether or not the settlement becomes final, neither this Agreement nor any of its 24 terms nor the Settlement itself shall be: (a) construed as, offered, or admitted in evidence as, 25 received as, or deemed to be evidence for any purpose adverse to Defendant or any other of 26 the Released Parties, including but not limited to, evidence of a presumption, concession, 27 indication, or admission by any of the Released Parties of any liability, fault, wrongdoing, 28 omission, concession, or damage, or (b) disclosed, referred to, or offered in evidence against 1 any of the Released Parties in any further proceeding in the Action, or any other civil, 2 criminal, or administrative action or proceeding, except for the purposes of effectuating the 3 Settlement pursuant to this Agreement or for Defendant to establish that a Class Member has 4 resolved any of his/her claims released through this Agreement.
Non-Evidentiary Use. Whether or not the Settlement Agreement is approved, neither 26 this Settlement nor any of its terms will be: (a) construed as, offered, or admitted in evidence as, 27 received as, or deemed to be evidence for any purpose adverse to Defendants, including but not 28 limited to, evidence of a presumption, concession, indication, or admission by any of the 1 Defendants of any liability, fault, wrongdoing, omission, concession, or damage, or (b) disclosed, 2 referred to, or offered in evidence against any of the Defendants in any further proceeding in the 3 Action (or any other action), except for the purposes of effectuating the Settlement pursuant to the 4 terms herein or for Defendants to establish that a Class Member has resolved any of his/her claims 5 released through this Settlement.
Non-Evidentiary Use. 25 Neither this Agreement nor any of its terms, nor any statements or conduct in the negotiation 26 or drafting of it, shall be offered or used as evidence by Plaintiffs, any Class Member (including any 27 individual who requested to be excluded from the Class), Defendant, or by its or their respective 28 counsel in the litigation, except as its reasonably necessary to effectuate its purpose and terms. This 1 Agreement may be used by Defendant and/or the Released Persons to prove or defend against any 2 claim released herein by any Class Member in any judicial, quasi-judicial, administrative or 3 governmental proceeding.
