Use in Other Proceedings. The Parties expressly acknowledge and agree that this Settlement Agreement and its Exhibits, along with all related drafts, motions, pleadings, conversations, negotiations, and correspondence, constitute an offer of compromise and a compromise within the meaning of Federal Rule of Evidence 408 and any equivalent rule of evidence in any state. In no event shall this Settlement Agreement, any of its provisions or any negotiations, statements or court proceedings relating to its provisions in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Litigation, in any other action, or in any judicial, administrative, regulatory or other proceeding, except in a proceeding to enforce this Settlement Agreement or the rights of the Parties, their counsel, or the Released Parties. Without limiting the foregoing, neither this Settlement Agreement nor any related negotiations, statements, or court proceedings shall be construed as, offered as, received as, used as or deemed to be evidence or an admission or concession of any liability or wrongdoing whatsoever on the part of any Person, including, but not limited to, the Released Parties, Plaintiffs, or the Settlement Class or as a waiver by the Released Parties, Plaintiffs, or the Settlement Class of any applicable privileges, claims or defenses.
Use in Other Proceedings. The Parties expressly acknowledge and agree that this Settlement Agreement and its Exhibits, along with all related drafts, motions, pleadings, conversations, negotiations, and correspondence, constitute an offer of compromise and a compromise within the meaning of Federal Rule of Evidence 408 and any equivalent rule of evidence in any state. In no event shall this Settlement Agreement, any of its provisions or any negotiations, statements or court proceedings relating to its provisions in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Litigation, in any other action, or in any judicial, administrative, regulatory or other proceeding, except to enforce this Settlement Agreement or the rights of the Parties, their counsel, or the Released Parties.
Use in Other Proceedings. The Parties will not introduce or use, or cause to be introduced or used, any provision in this Agreement, or any action taken in implementation thereof, or any statements, discussions, or communications, or any materials prepared, exchanged, issued, or used during the course of the Cases or in negotiations leading to the Settlement and this Agreement, in any judicial, arbitral, administrative, investigative, or other proceeding of whatsoever kind or nature, as evidence of any violation of law, breach of duty, or liability, or lack thereof or any submission by any Party to the jurisdiction of any court, arbitration, administrative agency, or other tribunal other than the Bankruptcy Court; provided, however, that any Defendant may file this Agreement in any other action that may be brought against it in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any theory of claim or issue preclusion or similar defense or counterclaim; provided, further, however, that this Agreement, and any provision hereof, may be used in connection with any or all of the enforcement of this Agreement and/or the Bankruptcy Settlement Agreement, the implementation thereof, and the implementation and confirmation of the Chapter 11 Plan.
Use in Other Proceedings. Each party agrees that this Agreement shall not be tendered or admissible as evidence in any proceeding by either party for any purpose, except, (i) that the Agreement shall be admissible as evidence in a proceeding involving the parties in which an alleged breach of the Agreement or the validity of any term of the Agreement is at issue, or (ii) that the Agreement may be used by either party provided the party gives written notice to the other party at least twenty days in advance of any such use and does not oppose the party's standing to file objections to such use.
Use in Other Proceedings. The Parties will not introduce or use, or cause to be introduced or used, any provision in this Settlement, or any action taken in implementation thereof, or any statements, discussions, or communications, or any materials prepared, exchanged, issued, or used during the course of negotiations leading to this Settlement, in this Litigation or in any other judicial, arbitral, administrative, investigative, or other proceeding of whatsoever kind or nature, as evidence of any violation or lack thereof; provided, however, that any Defendant may file this Agreement and/or the Final Order and Judgment in any other action that may be brought against it in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any theory of claim or issue preclusion or similar defense or counterclaim.
