Common use of Use of Order Clause in Contracts

Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed Settlement Agreement, or any other settlement document, shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except to give effect to or enforce the Settlement or the terms of this Scheduling Order.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx Trustmark of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed Settlement Agreement, or any other settlement document, shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except to give effect to or enforce the Settlement or the terms of this Scheduling Order.

Appears in 2 contracts

Samples: Settlement Agreement (Trustmark Corp), Settlement Agreement

Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx the Defendants of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed BDO Settlement Agreement, or any other settlement document, shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except to give effect to or enforce the BDO Settlement or the terms of this Scheduling Order.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx the BMB Defendants of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed Settlement Agreement, or any other settlement document, shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except to give effect to or enforce the Settlement or the terms of this Scheduling Order.

Appears in 1 contract

Samples: Settlement Agreement

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Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx Independent of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed Settlement Agreement, or any other settlement document, shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except other than to give effect to or enforce the terms and/or intent of the Settlement or and the terms of this Scheduling OrderSettlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Use of Order. Under no circumstances shall this Scheduling Order be construed, deemed, or used as an admission, concession, or declaration by or against Xxxxxxxxxx TD Bank of any fault, wrongdoing, breach or liability. Nor shall the Order be construed, deemed, or used as an admission, concession, or declaration by or against Plaintiffs that their claims lack merit or that the relief requested is inappropriate, improper, or unavailable, or as a waiver by any party of any defenses or claims he or she may have. Neither this Scheduling Order, nor the proposed Settlement Agreement, or any other settlement document, document shall be filed, offered, received in evidence, or otherwise used in these or any other actions or proceedings or in any arbitration, except other than to give effect to or enforce the terms and/or intent of the Settlement and the Settlement Agreement or the terms to defend against or facilitate a dismissal of this Scheduling Orderany other proceeding against TD Bank.

Appears in 1 contract

Samples: Settlement Agreement

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