Use of Agreement. Employee and the Company agree that this Agreement may be used as evidence in a subsequent proceeding in which either of the Parties alleges a breach of this Agreement, notwithstanding the confidentiality provisions above; provided that if this Agreement is filed in a proceeding, it shall be filed under seal consistent with applicable court rules and any testimony regarding this Agreement shall be designated as confidential to the fullest extent permitted by law.
Use of Agreement. This Agreement, the contents hereof, or the preliminary division of any Shared Costs shall not be admissible evidence in any proceeding without the written consent of all Parties, except as stated in § 9, and except to enforce the terms of this Agreement, to prove the existence of this Agreement or the common interest or joint defense privilege by providing a copy of this Agreement and asserting the common interest or joint defense privilege to a court of competent jurisdiction, or as required by law or court order.
Use of Agreement. (A) This Agreement shall apply at the sole discretion of SDC, for commercial productions in theatres of 100-499 seats outside New York City.
(B) This Agreement does not apply to touring productions.
(C) This Agreement applies to a single production (“The Play”), as set forth on the attached Form Contract.
Use of Agreement a. This Agreement constitutes a compromise of disputed claims. This Agreement shall not constitute an admission or adjudication with respect to any allegation made by any party. Moreover, Defendant denies any liability with respect to Plaintiffs’ claims, and nothing contained in this Agreement shall be construed as an admission of liability. Further, this Agreement shall not constitute an acknowledgement by Plaintiffs that there was no wrongdoing, misconduct or liability.
b. This Agreement supersedes the 2022 Settlement Agreement, dated October 21, 2022, in its entirety. The 2022 Settlement Agreement terminated on May 2, 2024, is of no further force or effect, and the Parties shall have no further obligation to each other thereunder.
Use of Agreement. This Settlement Agreement shall not constitute an admission or evidence of any fact, wrongdoing, misconduct, or liability on the part of the United States, including, without limitation, EPA, its officers, or any other person affiliated with it, or an interpretation of any applicable provision of law.
Use of Agreement. Neither this Agreement nor evidence of any negotiations in connection with it shall be offered or received in evidence or used in any way at any trial, arbitration or other action or proceeding between or among the Parties except to enforce the terms and provisions hereof. The Parties agree that this Agreement and evidence of any negotiations in connection with it shall not be offered or received in evidence or used in any way at any trial, arbitration or other action between or among the Parties relating to or arising out of the agreements separately executed by the Parties in the forms attached to this Agreement as Exhibits C, D, E, F, G, H and I. The parties also agree that under no circumstances will a breach of or any dispute arising out of or relating to any or all of the agreements separately executed by the Parties in the forms attached to this Agreement as Exhibits C, D, E, F, G, H and I invalidate or otherwise cause not to be effective the Releases separately executed by the Parties in the forms attached as Exhibits A and B.
Use of Agreement. Neither this Agreement nor any instrument or document delivered in connection herewith, nor any of the terms hereof or thereof, nor any negotiations or proceedings in connection herewith or therewith, nor any actions taken pursuant hereto or thereto, shall constitute or be construed as or be deemed to be evidence of an admission on the part of any party hereto of the truth or falsity of any of the claims or assertions made by any party hereto or the merit, or lack thereof, of any defenses thereto, nor shall this Agreement or any such instrument or document, or any of the terms hereof or thereof, or any negotiations or proceedings in connection herewith or therewith, be offered or received in evidence, or otherwise used in any proceeding, against any party hereto, except with respect to the enforcement of this Agreement.
Use of Agreement. The Agreement number must appear on all invoices and correspondence. Send invoices in duplicate to City of Benicia, 000 Xxxx X Xxxxxx, Xxxxxxx, XX 00000, immediately City of Benicia 05/20 v1 1 Agreement for Professional Services Attachment 2 - Agreement for Professional Services - Xxxxxxxxx Power Services, LLC This is an Annex to the Agreement for Professional Services Agreement dated June 10, 2020 (“Agreement”) between Owner and Consultant, as described therein, for the provision of professional services (“Services”).
Use of Agreement. Upon any Change of Control of Qimonda where any of the Prior Entities is an Excluded Entity, each and every Successor Entity from any such Change of Control shall not, and irrevocably waives as a condition to its assumption, or the assignment, of this Agreement the right to raise, rely, enter into evidence, make reference to or otherwise use the terms or the existence of this Agreement to the prejudice of Rambus, whether in support of an affirmative defense, claim, counterclaim or otherwise, in any legal or equitable action, investigation, proceeding, settlement discussions, arbitration, mediation or any other form of dispute resolution, with respect to (i) [***] or (ii) the determination, calculation or basis for [***] or (z) any products [***]. For the avoidance of any doubt, the restrictions set forth in this Section shall apply to any and all Affiliates of each and every Successor Entity. For the avoidance of any doubt, except as expressly set forth above, nothing in this Section 9.4(f) shall be argued, deemed to be or construed as a restriction on the right of Qimonda or any Successor Entity (or any of its Affiliates) to otherwise raise, rely, enter into evidence, make reference to or otherwise use the terms or the existence of this Agreement, whether in support of an affirmative defense, claim, counterclaim or otherwise, in any legal or equitable action, investigation, proceeding, settlement discussions, arbitration, mediation or any other form of dispute resolution, including, without limitation, in order to prove a license defense with respect to any product or activity that is licensed or permitted under this Agreement or the [***].
