Preclusive Effect. Radius and any of the Releasees may file this Agreement and the Final Approval Order and Judgment in any action that may be brought against them or any of them to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, settlement and accord, good faith settlement, judgment bar, or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
Preclusive Effect. As of the Effective Date, Plaintiff and each and every Settlement Class Member (the “Releasing Parties”) shall be bound by this Settlement Agreement and the Final Approval Order and Judgment entered by the Court, and shall have recourse exclusively to the benefits, rights and remedies provided hereunder. The Releasing Parties may not pursue any other action, demand, suit or claim against the Released Parties with respect to the Released Claims. However, neither the foregoing, nor the Released Claims or the injunction under this Agreement, shall be interpreted or construed to prevent Plaintiff or any Settlement Class Member from cooperating in any federal, state, or local investigation, it being further acknowledged and agreed that notwithstanding the foregoing, Plaintiff and all Settlement Class Members disclaim the right to seek or recover money damages as a result of any such investigation.
Preclusive Effect. As of the Effective Date, Plaintiff and each and every Settlement Class Member on the Class List, including all Settlement Class Members on the Class List whose payments are remitted to the MAIC (collectively, the “Releasing Parties”), shall be bound by this Settlement Agreement and the Final Approval Order and Judgment entered by the Court, and shall have recourse exclusively to the benefits, rights and remedies provided hereunder. The Releasing Parties may not pursue any other action, demand, suit or claim against the Released Parties with respect to the Released Claims. However, neither the foregoing, nor the Released Claims or the injunction under this Agreement, shall be interpreted or construed to prevent Plaintiff or any Settlement Class Member from cooperating in any federal, state, or local investigation, it being further acknowledged and agreed that notwithstanding the foregoing, Plaintiff and all Settlement Class Members on the Class List, including all Settlement Class Members on the Class List whose payments are remitted to the MAIC, disclaim the right to seek or recover money damages as a result of any such investigation.
Preclusive Effect. The Parties do not intend for this Agreement to have any preclusive effect except as described in Paragraph 33. Should the issue of preclusive effect of this Agreement be raised, the Parties agree to certify that they intended for this Agreement to have no such preclusive effect. XXXX X. XXXXXXX United States Attorney Southern District of Indiana /s/ Xxxxx Xxxx XXXXX XXXX Assistant United States Attorney United States Attorney's Office Southern District of Indiana 00 Xxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxxx, X X 000000000 Telephone: (317) 2266333 Xxxxx.Xxxx@xxxxx.xxx October 4, 2017 Date XXXX X. XXXX Acting Assistant Attorney General Civil Rights Division XXXXXXX X. XXXX Acting Deputy Assistant Attorney General XXXX X. XXXXX Acting Chief XXXXXXXX X. XXXXX Special Litigation Counsel XXXXXX XXXXXXX Deputy Chief /s/ Xxxxxxxxx Xxx XXXXXXXXX XXX Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 000 Xxxxxxxxxxxx Xxxxxx, X.X. – NYA Washington, DC 20530 2023050043 (telephone) 2023071197 (facsimile) Xxxxxxxxx.Xxx0@xxxxx.xxx October 4, 2017 Date For the City of New Albany and its Police Department and Merit Commission
