Not Evidence. 11.2 The Parties understand and acknowledge that this Settlement Agreement constitutes a compromise and settlement of disputed claims. No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with this Settlement Agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any party of any fault, liability or wrongdoing of any kind whatsoever to any other party.
11.3 Neither this Settlement Agreement, nor any act performed or document executed pursuant to or in furtherance of it, (a) is, or may be deemed to be, or may be used as, an admission of, or evidence of, the validity of any legal claim made by Plaintiffs or Class Members, or of any wrongdoing or liability of FCA US; or (b) is, or may be deemed to be, or may be used as, an admission of, or evidence of, any fault or omission of Releasees in any proceeding in any court, administrative agency, or other tribunal.
11.4 This provision shall survive the expiration or voiding of the Settlement Agreement.
Not Evidence. 1. The Parties understand and acknowledge that this Settlement Agreement constitutes a compromise and settlement of disputed claims. No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with this Settlement Agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any party of any fault, liability or wrongdoing of any kind whatsoever to any other party.
2. Neither this Settlement Agreement nor any act performed or document executed pursuant to or in furtherance of it: (a) is, or may be deemed to be, or may be used as, an admission of, or evidence of, the validity of any legal claim made by Plaintiffs or Class members, or of any wrongdoing or liability of HMA and/or KMA, or (b) is, or may be deemed to be, or may be used as, an admission of, or evidence of, any fault or omission of Releasees in any proceeding in any court, administrative agency, or other tribunal.
3. This provision shall survive the expiration or voiding of the Settlement Agreement.
Not Evidence. This settlement, whether or not it shall become Final, and any and all negotiations, communications, and discussions associated with it, shall not be:
Not Evidence. The parties agree that this Agreement is in settlement of any claims and may not be used as evidence in any action, except an action to enforce this Agreement.
Not Evidence. 1. The Parties understand and acknowledge that this Settlement Agreement constitutes a compromise and settlement of disputed claims. No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with this Settlement Agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any Party of any fault, liability or wrongdoing of any kind whatsoever to any other Party.
2. Neither this Settlement Agreement nor any act performed or document executed pursuant to or in furtherance of it: (a) is, or may be deemed to be, or may be used as, an admission of, or evidence of, the validity of any legal claim made by Consumer Plaintiffs or Class members, or of any wrongdoing or liability of Defendants, or (b) is, or may be deemed to be, or may be used as, an admission of, or evidence of, any fault or omission of Releasees in any proceeding in any court, administrative agency, or other tribunal.
3. This provision shall survive the expiration or voiding of the Settlement Agreement.
Not Evidence. 1. The Parties understand and acknowledge that this agreement constitutes a compromise and settlement of disputed claims. No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with this agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any party of any fault, liability or wrongdoing of any kind whatsoever to any other party.
2. Neither this agreement nor any act performed or document executed pursuant to or in furtherance of it: (a) is, or may be deemed to be, or may be used as, an admission of, or evidence of, the validity of any legal claim made by Plaintiffs or Class members, or of any wrongdoing or liability of HMA, (b) is, or may be deemed to be, or may be used as, an admission of, or evidence of, any fault or omission of Releasees in any proceeding in any court, administrative agency, or other tribunal, or (c) may be deemed to be an admission by Defendants that class certification is appropriate in this action.
3. This provision shall survive the expiration or voiding of the agreement.
Not Evidence. This Agreement shall not be used as evidence in any proceeding other than one to enforce this Agreement or to enforce the 1993 Agreement, or one seeking damages arising from a breach of this Agreement or the 1993 Agreement.
Not Evidence. The payment of moneys to the Independent Monitor by the Project Parties is not evidence of the value of the IM Services provided, an admission of liability or evidence that the IM Services were executed properly but are paid on account only.
Not Evidence. The Parties understand and acknowledge that this Agreement constitutes a compromise and settlement of disputed claims. No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with this Agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any party of any fault, liability or wrongdoing of any kind whatsoever to any other party. Neither this Settlement Agreement nor any act performed or document executed pursuant to or in furtherance of it: (a) is, or may be deemed to be, or may be used as, an admission of, or evidence of, the validity of any Claim made by Plaintiffs or Class Members, or of any wrongdoing or liability of FCA US, or (b) is, or may be deemed to be, or may be used as, an admission of, or evidence of, any fault or omission of FCA US in any proceeding in any court, administrative agency, or other tribunal. To the extent permitted by law, this Settlement Agreement may be pleaded as a full and complete defense to, and may be used as the basis for an injunction against, any action, suit, or other proceeding that may be instituted, prosecuted, or attempted against FCA US or in breach of this Agreement. This provision shall survive the expiration or voiding of the Settlement Agreement.
Not Evidence. This Agreement, whether or not it shall become final, and any and all negotiations, communications, and discussions associated with it, shall not be:
12.4.1. Offered or received by or against any Party as evidence of, or be construed as or deemed to be evidence of, any presumption, concession, or admission by a Party of the truth of any fact alleged by Plaintiffs or defense asserted by NNA, of the validity of any claim that has been or could have been asserted in the Underlying Actions, or the deficiency of any defense that has been or could have been asserted in the Underlying Actions, or of any liability, negligence, fault, or wrongdoing on the part of the Released Parties;
12.4.2. Offered or received by or against Plaintiffs or the Released Parties as a presumption, concession, admission, or evidence of any violation of any state or federal statute, law, rule, or regulation or of any liability or wrongdoing by the Released Parties, or of the truth of
12.4.3. Offered or received by or against Plaintiffs or the Released Parties as evidence of a presumption, concession, or admission with respect to a decision by any court regarding the certification of a class, or for purposes of proving any liability, negligence, fault, or wrongdoing; or in any way referred to for any other reason as against the Released Parties, in any other civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the terms of this Agreement; provided, however, that if this Settlement and Agreement are approved by the Court, then Plaintiffs or the Released Parties may refer to it to enforce their rights hereunder; or
12.4.4. Construed as an admission or concession by Plaintiffs, the Settlement Class, or the Released Parties that the consideration to be given hereunder represents the relief that could or would have been obtained through trial in the Underlying Actions.
