Settlement Purposes Only. Defendants agree to certification of the Settlement Class described in paragraph 1 only for the purpose of effectuating the Settlement Agreement; Defendants reserve all rights to object to the propriety of class certification in the Lawsuits in all other contexts and for all other purposes, including but not limited to objections concerning the manageability or superiority of any putative class and the propriety of the legal basis for any putative class proceeding and the relief sought (which have been and are disputed legal issues).
Settlement Purposes Only. This Agreement is for settlement purposes only, and neither the fact of, nor any provision contained in, this Agreement nor any action taken hereunder shall constitute, be construed as, or be admissible in evidence against the Settling Defendants as, any admission of the validity of any claim, any argument or any fact alleged or which could have been alleged by Plaintiffs in the Action or alleged or which could have been alleged in any other action or proceeding of any kind or of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Settling Defendants or any admission by them of any claim or allegation made or which could have been made in the Action or in any other action or proceeding of any kind, or as an admission by any of the Plaintiffs or members of the Settlement Class of the validity of any fact or defense asserted or which could have been asserted against them in the Action or in any other action or proceeding of any kind.
Settlement Purposes Only. Non-Admission
Settlement Purposes Only. This Settlement Agreement is entered into only for purposes of Settlement. In the event that the Effective Date does not occur for any reason or the Final Judgment is not entered, then this Settlement Agreement, including any Releases or dismissals hereunder, is cancelled. In the event this Settlement Agreement is cancelled or deemed cancelled, no term or condition of this Settlement Agreement, or any draft thereof, or of the discussion, negotiation, documentation or other part of the Parties' settlement discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose, or used for any purposes whatsoever in the Litigation or any other litigation, and all Parties shall be restored to their prior positions as if the mediation had never occurred and the Settlement Agreement had not been entered into.
Settlement Purposes Only. 2.1 For the purposes of this settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Section 2.2, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the class representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel.
2.2 Subject to Court approval, the following Class shall be certified for settlement purposes:
2.3 Excluded from the Class are: (1) Defendant and any entity in which Defendant has a controlling interest, and their respective legal representatives, officers, directors, employees, assigns and successors; (2) the judge to whom this case is assigned and any member of the judge’s staff and immediate family; and (3) any person who, in accordance with the terms of this Agreement, properly executes and submits a timely request for exclusion from the Class.
2.4 Defendant does not consent to certification of the Class for any purpose other than to effectuate this settlement. If the Court does not enter the Final Order and Judgment or if for any other reason final approval of the settlement does not occur, is successfully objected to, or successfully challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that the Final Order and Judgment is not entered or if for any other reason final approval of the settlement does not occur, is successfully objected to, or successfully challenged on appeal: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. To the fullest extent permitted by law neither the fact of, nor any provision contained in, this Agreement or its attachments, nor any action taken hereunder shall constitute, be construed as, or be admissible in evidence as, any admission of the validity of any c...
Settlement Purposes Only. This Agreement is for settlement purposes only. Neither the fact of nor any provision contained in this Agreement nor any action taken hereunder shall constitute or be construed as an admission of the validity of any claim or any fact alleged in the Action or of any wrongdoing, fault, violation of law or liability of any kind on the part of the BMW Defendants or any admission by the BMW Defendants of any claim or allegation made in any action or proceeding against the BMW Defendants or any concession as to the validity of any of the claims asserted by the Settlement Class Representatives in the Action. This Agreement shall not be offered or be admissible in evidence against the Parties or cited or referred to in any action or proceeding, except in an action or proceeding brought to enforce its terms. Nothing contained herein is, or shall be construed or admissible as, an admission by the BMW Defendants that the Settlement Class Representatives’ claims or any similar claims are either valid or suitable for class treatment.
Settlement Purposes Only. 2.1 This Agreement is for settlement purposes only, and to the fullest extent permitted by law neither the fact of, nor any provision contained in, this Agreement or its attachments, nor any action taken hereunder, shall constitute, be construed as, or be admissible in evidence as any admission of the validity of any claim or any fact alleged by Plaintiffs in the Action or in any other pending or subsequently filed action or of any wrongdoing, fault, violation of law, or liability of any kind on the part of Google or admission by any of the Parties of the validity or lack thereof of any claim, allegation, or defense asserted in the Action or in any other action.
2.2 Google conditionally agrees and consents to certification of the Class for settlement purposes only, and within the context of this Agreement only. If this Agreement, for any reason, is not finally approved or is otherwise terminated, Google reserves the right to assert any and all objections and defenses to certification of a class, and neither this Agreement nor any Order or other action relating to this Agreement shall be offered by any Person as evidence in support of a motion to certify a class for a purpose other than settlement.
Settlement Purposes Only. 2.1 The Parties acknowledge that this Agreement is for settlement purposes only, and to the fullest extent permitted by law, neither the fact or content of this Agreement, nor any statements or action taken to negotiate or in furtherance of this Agreement, shall be construed as an admission or be admissible in evidence with respect to: (a) the validity of any claim or defense; (b) the truth of any allegation by any Party in the Action or in any other forum; (c) any wrongdoing, fault, or liability of Spotify; or (d) the certifiability of any putative class in the Action over Spotify’s objection. Subject to approval by the Court, Spotify is (a) conditionally consenting to certification of the Settlement Class for settlement purposes only and (b) conditionally and only for purposes of settlement waiving its defenses to the claims of the Class Plaintiffs and Settlement Class Members who do not exercise the right to request exclusion from the Settlement Class.
2.2 If for any reason this Agreement is not approved by the Court or is otherwise terminated, Spotify reserves the right to assert any and all objections and defenses to certification of any putative class and to the claims asserted in the Action or to any claims asserted in any other forum.
Settlement Purposes Only of the Attorneys General Settlement is incorporated herein by reference.
Settlement Purposes Only. Defendants do not agree to the certification of any class or to the appointment or adequacy of the Named Plaintiffs or Settlement Class Counsel for any purpose other than to implement the Settlement Agreement and effectuate the Settlement.
