Use of Agreement as Evidence. This Settlement Agreement, regardless of whether it shall become final, and any and all negotiations, documents, and discussions associated with it, shall be governed by Rule 408 of the Federal Rules of Evidence and shall not be deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing by the Settling Defendants or of the truth of any of the claims or allegations made in the Action, and evidence thereof shall not be admissible or used directly or indirectly in any way in the Action or in any other action or proceeding, except an action to enforce or interpret the terms of the Settlement Agreement. The parties expressly reserve all of their rights if the settlement does not become final in accordance with the terms of this Settlement Agreement.
Use of Agreement as Evidence. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement: (i) is or may be deemed to be or may be used as an admission or evidence relating to any matter of fact or law alleged in the Florida AG Action or the other Actions, the strength or weakness of any claim or defense or allegation made in those cases, or any wrongdoing, fault, or liability of any Releasees; or (ii) is or may be deemed to be or may be used as an admission or evidence relating to any liability, fault or omission of Releasees in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that Releasees may file or use this Agreement in any action in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction; on any other theory of claim preclusion or issue preclusion or similar defense or counterclaim; to support a claim for contribution and/or indemnification; or to support any other argument or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted xxxxx or otherwise satisfy the relief sought.
Use of Agreement as Evidence. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement: (i) is or may be deemed to be or may be used as an admission or evidence relating to any matter of fact or law alleged in the Actions, the strength or weakness of any claim or defense or allegation made in those cases, or any wrongdoing, fault, or liability of any Releasees; or (ii) is or may be deemed to be or may be used as an admission or evidence relating to any liability, fault or omission of Releasees in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither this Agreement nor any act performed or document executed pursuant to or in furtherance of this Agreement shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that Releasees may file or use this Agreement in any action (1) involving a determination regarding insurance coverage; (2) involving a determination of the taxable income or tax liability of any Released Entities; (3) to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction or on any other theory of claim preclusion or issue preclusion or similar defense or counterclaim; (4) to support a claim for contribution and/or indemnification; or (5) to support any other argument or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted xxxxx or otherwise satisfy the relief sought.
Use of Agreement as Evidence. Whether or not this Agreement becomes final or is terminated pursuant to its terms, the Settling Parties expressly agree that neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claims, any allegation made in the Action, or any violation of any statute or law or of any wrongdoing or liability of Defendants, and evidence thereof shall not be discoverable or used, directly or indirectly, in any way, whether in the Action or in any other proceeding; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any liability, fault, or omission of the Releasees in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement, shall be admissible in any proceeding for any purpose except to enforce the terms of the Settlement; provided, however, that the Releasees may file this Agreement (including the exhibits), the Preliminary Approval Order, the Final Approval Order, and/or the Judgment in any action 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 other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claims, of any allegation made in the Action, or of any wrongdoing or liability of Releasees; or (ii) is or may be deemed to be or may be used as an admission of, or evidence of, any liability, fault, or omission of the Releasees in any civil, criminal, or administrative proceeding before any court, administrative agency, arbitration panel or other tribunal. Nothing in this paragraph or Agreement shall exclude Exchange-Based Plaintiffs from using any documents and testimony obtained in connection with ¶¶ 22 through 27 above as necessary to continue to prosecute the Action. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that the Releasees may file this Agreement and/or the Judgment in any action for any purpose, including, but not limited to, 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 other theory of claim preclusion or issue preclusion or similar defense or counterclaim. The limitations described in this ¶ 38 apply whether or not the Court enters the Preliminary Approval Order, the Final Approval Order, or the Judgment.
Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor any act performed, statement made, or document executed pursuant to or in furtherance of this Agreement or the Settlement: (a) is or may be deemed to be or may be used as an admission of, 21 or evidence of, the validity of any Released Claims, any allegation made in the Action, or any wrongdoing or liability of Defendant; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any liability, fault or omission of the Releasees in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither this Agreement nor the Settlement, nor any act performed, statement made, or document executed pursuant to or in furtherance of this Agreement or the Settlement, shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that the Releasees may file this Agreement and/or the Judgment in any action for any purpose, including, but not limited to, 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 other theory of claim preclusion or issue preclusion or similar defense or counterclaim. The limitations described in this paragraph apply whether or not the Court enters the Notice Order, the Final Approval Order or the Judgment.
Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the Covered Conduct, or of any wrongdoing or liability of Releasees; or (ii) is or may be deemed to be or may be used as an admission of, or evidence of, any liability, fault or omission of the Releasees in any civil, criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the Settlement, shall be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that the Releasees may file this Agreement in any action for any purpose, including, but not limited to, 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 other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Agreement or the 22
Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor 15 any act performed, statement made, or document executed pursuant to or in furtherance of this 16 Agreement or the Settlement: (a) is, may be deemed to be, or may be used as an admission or 17 evidence of the validity of any Released Claims, any allegation made in the Action, or any 18 wrongdoing or liability of Defendant; or (b) is, may be deemed to be, or may be used as an 19 admission or evidence of any liability, fault, or omission of the Released Parties in any civil, 20 criminal, or administrative proceeding in any court, administrative agency, or other tribunal. 21 Neither this Agreement nor the Settlement, nor any act performed, statement made, or document 22 executed pursuant to or in furtherance of this Agreement or the Settlement shall be admissible in 23 any proceeding for any purpose except to enforce the terms of the Settlement, and except that the 24 Released Parties may file this Agreement and/or the Judgment in any action for any purpose, 25 including, but not limited to, in order to support a defense or counterclaim based on principles of 26 res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any 27 other theory of claim preclusion, issue preclusion, or similar defense or counterclaim. The 28 limitations described in this paragraph apply whether or not the Court enters the Notice Order, the Case 3:21-md-02996-CRB Document 598-2 Filed 09/26/23 Page 27 of 150 2 Agreement or otherwise, Defendants may file or use this Agreement and related materials in any 3 action: (i) involving a determination regarding insurance coverage; (ii) involving a determination 4 of the taxable income or tax liability of any Defendants; (iii) to support a claim for contribution 5 and/or indemnification; or (iv) to support any other argument or defense by a Defendant that the 6 Compensatory Remediation Amount provides a measure of compensation for asserted xxxxx or 7 otherwise satisfies the relief sought.
Use of Agreement as Evidence. The Parties agree that, in any future legal or other proceeding, evidence of this Agreement or concerning any term or provision in this Agreement, or any act performed or document executed pursuant to or in furtherance of this Agreement, shall not be used in any way, shall not be discoverable or admissible in any respect, and shall be without prejudice to each Party’s legal position, except in connection with any action to enforce this Agreement. For the avoidance of doubt, the Parties agree that evidence of this Agreement or concerning any term or provision in this Agreement, or any act performed or document executed pursuant to or in furtherance of this Agreement, (1) shall not be used as an admission or evidence relating to any matter of fact or law alleged in the Actions, the strength or weakness of any Claim or defense or allegation made in the Actions, or any wrongdoing, fault, or liability of any Mylan Released Entities; and (2) is not, shall not be deemed to be, and shall not be used as an admission or evidence relating to any liability, fault, or omission of Mylan Released Entities. This Agreement, evidence of this Agreement or concerning any term or provision in this Agreement, and any act performed or document executed pursuant to or in furtherance of this Agreement, shall not be admissible in any proceeding for any purpose, including without limitation any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal, except to enforce the terms of the Agreement. Notwithstanding the foregoing, the Mylan Released Entities may file or use this Agreement in any action or proceeding (1) involving a determination regarding insurance coverage, (2) involving a determination of the taxable income or tax liability of any Mylan Released Entities; (3) to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good-faith settlement, judgment bar or reduction, or on any other theory of claim preclusion or issue preclusion or similar defense or counterclaim; (4) to support a claim for contribution and/or indemnification; or (5) to support any other argument or defense by a Mylan Released Entity that the Agreement provides full or partial compensation for asserted xxxxx or otherwise satisfies the relief sought.
