Settlement of Disputed Claims. The parties expressly acknowledge that this Agreement is being made as a compromise and settlement of disputed issues; that the execution and compliance with this Agreement is not and shall not be construed to be an admission by any party of any liability or obligation to any other party or any liability or other obligation by any party to any third party; that each party expressly denies any fault or liability on its part; that no party shall seek to utilize or assert that this Agreement or any consideration paid pursuant hereto is an admission against any party in connection with any proceeding, action or claim; and that the parties enter into this Agreement solely to resolve the existing disputes among themselves on an amicable basis and to avoid the time, burden and expense of litigation and arbitration.
Settlement of Disputed Claims. This Agreement is a compromise of disputed claims. Defendants have claimed and continue to claim that the Released Claims have no merit and do not give rise to liability. Settlement Class Members have claimed and continue to claim that the Released Claims have merit and give rise to liability on the part of Defendants. Nothing contained in this Agreement, no documents referred to herein, and no action taken to carry out this Agreement, may be construed or used as an admission by or against the Settlement Class Members or Class Counsel as to the merits or lack thereof of the claims asserted in this Lawsuit.
Settlement of Disputed Claims. It is understood and agreed that this settlement is the compromise of the disputed claims, and that the consideration referred to herein is not to be construed as an admission of wrongdoing or liability on the part of any Party or Parties hereto, or any of their employees or agents, which liability is expressly denied.
Settlement of Disputed Claims. Nothing in this Release Agreement shall be construed as or deemed to be an admission by any Party of any liability, culpability, negligence, or wrongdoing toward any other Party, or any other person, and the Parties specifically disclaim any liability, culpability, negligence, or wrongdoing toward each other or any other person.
Settlement of Disputed Claims. 10 a. This Agreement represents a fair, reasonable, and equitable settlement of the
Settlement of Disputed Claims. This Agreement is a final settlement of disputed contentions by the Parties. Neither this Agreement, nor any of the terms contained herein, nor any payment made pursuant to such terms, shall be construed as or deemed to be evidence of any admission of the truth of the specific allegations concerning the September 2015 Action or the September 9 Letter Action or the merits of the Parties’ defenses to such allegations, but this Agreement shall constitute a final irrevocable agreement that, as of the Effective Date, the Wellstat Parties presently shall and do owe the Total Settlement Amount Balance, without any defense, counterclaim or offset, other than as expressly provided herein. Any payments made or caused to be made by the Wellstat Parties in respect of the Total Settlement Amount Balance received by PDL and any other payments received after the Effective Date by PDL from any other source in payment or partial satisfaction of the Obligations (including, without limitation, proceeds from the sale of the BioVeris license referred to in Section 5.g or proceeds of any collection, sale, foreclosure or other realization (net of reasonable and documented costs and expenses in connection therewith, if any) upon any initial disposition of the Collateral under the NYUCC or other Applicable Law, without duplication of such amounts so realized or otherwise received by PDL), shall, in each case, be applied to reduce the Total Settlement Amount Balance on a dollar-for-dollar basis. For the avoidance of doubt, any payment that may be received by PDL as compensation for the transfer or sale of its rights under this Agreement shall not reduce the Total Settlement Amount Balance. Nothing herein shall be construed to waive or release any defenses, claims, or offsets that any Party otherwise may possess against any third party or any other Party accruing after the Effective Date of this Agreement, which are expressly reserved.
Settlement of Disputed Claims. This Agreement constitutes a full, complete, and final settlement (according to the terms stated herein) of all disputed claims and liabilities claimed and denied. This Agreement effects the settlement of claims that are denied and contested, and the Parties agree that nothing contained herein shall be construed as an admission by any Party of any liability or fault of any kind to any other Party or to any other person or entity, all such liability or fault being expressly denied. Rather, each Party agrees to these terms and conditions because it recognizes the risks and costs inherent in the Litigation, and believes this Agreement is a prudent and reasonable way to control those risks and costs.
Settlement of Disputed Claims. This Agreement is a compromise of disputed claims, and the consideration provided for in paragraphs 1-5 above, the releases provided for in paragraphs 8-10 above, and the other promises set forth herein, are not intended to, nor should they be, construed as an admission of liability on the part of any party hereto, both of whom expressly deny liability to one another. MDI, Harvest and Hydromedics each understand that each is making the promises to the other set forth herein in lieu of and to avoid the expense and uncertainty of litigation.
Settlement of Disputed Claims. Commerce and ACN agree that the Action, and any and all claims arising out of any acts or omissions to which the Action relates, whether asserted or not, are fully and finally settled as provided below. By this Settlement Agreement, Commerce does not admit any wrongdoing or liability, and this Settlement Agreement shall not be construed to be an admission of wrongdoing or liability by Commerce.
Settlement of Disputed Claims. This Agreement is entered into as a compromise of disputed claims. Nothing herein shall be construed as an admission of any liability whatsoever, or of any allegation made, or which could have been made, and any and all liability is hereby expressly denied.
