Defendant’s Denial of Wrongdoing or Liability Sample Clauses

Defendant’s Denial of Wrongdoing or Liability. Defendant has asserted and continues to assert many defenses in this Action and has expressly denied and continues to deny any fault, wrongdoing, or liability whatsoever based upon, arising out of, relating to, or otherwise in connection with the conduct alleged in the Action. Defendant expressly denied and continues to deny fault, wrongdoing, or liability whatsoever, as well as the validity of each of the claims and prayers for relief asserted in the Action. Defendant expressly acknowledges and agrees that neither the fact of, nor any provision contained in, this Settlement Agreement, nor any of the implementing documents or actions taken under them, nor Defendant’s willingness to enter into the Settlement and this Agreement, nor the content or fact of any negotiations, communications, and discussions associated with the Settlement and this Agreement shall constitute or be construed as an admission by or against Defendant or any of the Released Parties of any fault, wrongdoing, violation of law or liability whatsoever, the validity of the claims or allegations in the Action, any infirmity of any defenses asserted by the Defendant in the Action, or that any equipment used by Defendant was an “automated telephone dialing system” under the TCPA.
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Defendant’s Denial of Wrongdoing or Liability. Defendant specifically and generally denies all of the claims asserted in the Litigation, denies any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Litigation, and makes no concessions or admissions of wrongdoing or liability of any kind whatsoever. Defendant asserts that all individuals who had Unpaid Internships with Defendant were not Defendant’s employees, that no wages or other compensation of any kind is owed to them, and because they were not employees, Defendant had no corresponding notice or recordkeeping obligations for these individuals under the FLSA or state wage and hour laws. Defendant also asserts that, for any purpose other than settlement, the Litigation is not suitable or appropriate for class or collective action treatment pursuant to either Federal Rule of Civil Procedure 23 or 29 U.S.C. §216(b). Nonetheless, Defendant has concluded that further conduct of the Litigation would be protracted, distracting and expensive. Defendant has therefore determined that it is beneficial to it to settle the Litigation in the manner and upon the terms and conditions set forth in this Stipulation.
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Defendant’s Denial of Wrongdoing or Liability. 1. PRA denies all of the claims as to liability, damages, penalties, interest, fees, restitution and all other forms of relief, as well as the allegations that the Representative Plaintiffs have asserted against it in Xxxxxxxx Xxxxx, et al. v.
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Defendant’s Denial of Wrongdoing or Liability. Defendant has asserted and continues to assert many defenses to this Litigation and has expressly denied and continues to deny any fault, wrongdoing or liability whatsoever arising out of the conduct alleged in the Litigation. Defendant expressly denies any fault, wrongdoing or liability whatsoever, as well as denying the validity of each of the claims and prayers for relief asserted in the Litigation. The Parties expressly acknowledge and agree that neither the fact of, nor any provision contained in, this Settlement Agreement nor any of the implementing documents or actions taken under them, shall constitute or be construed as any admission of the validity of any claim, any status, or any fact alleged in the Litigation or any fault, wrongdoing, violation of law, or liability of any kind on the part of Defendant, or any admission by Defendant of any claim or allegation made in any action or proceeding against Defendant. Defendant has denied and continues to deny each and all of the claims and allegations in the Litigation. Neither this Settlement Agreement nor any document referred to herein, nor any action taken to carry out this Settlement Agreement and/or the Settlement, or its willingness to enter into this Settlement Agreement, nor any or all negotiations, communications, and discussions associated with them are, or may be construed as, or may be used in any proceeding as, an admission by Defendant of any fault, wrongdoing or liability whatsoever, or any infirmity of any defenses asserted by Defendant.
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Defendant’s Denial of Wrongdoing or Liability. Garda denies all of the claims and contentions alleged by the Class Representatives in the Litigation. Nonetheless, Garda has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Agreement. Garda has also taken into account the uncertainty and risks inherent in any litigation, especially in multi-party cases like this Litigation. Garda has therefore determined that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Agreement.
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Defendant’s Denial of Wrongdoing or Liability. 9 Defendant denies all of the claims and contentions alleged by the Class Representative in 10 the Litigation. Nonetheless, Defendant has concluded that to continue the Litigation would be 11 protracted and expensive and that it is desirable that the Litigation be fully and finally settled in 12 the manner and upon the terms and conditions set forth in this Stipulation. In addition, Defendant 13 has taken into account the uncertainty and risks inherent in any litigation, particularly class action 14 litigation, as well as the difficulties and delays inherent in such litigation. Defendant has, 15 therefore, determined that it is desirable and beneficial to it that the Litigation be settled in the 16 manner and upon the terms and conditions set forth in this Stipulation.
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Defendant’s Denial of Wrongdoing or Liability. The Class Representative filed this class and collective action asserting unpaid wage and hour claims under the Maine Minimum Wage and Overtime Act, 26 M.R.S. §§ 663, 664, 670, et seq. (“MWOA”), and under the Fair Labor Standards Act, 29 U.S.C. § 207, et seq. (“FLSA”) against Defendants. Defendants specifically and generally deny all of the claims asserted in the Litigation, deny any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Litigation, and make no concessions or admissions of wrongdoing or liability of any kind whatsoever. Nonetheless, Defendants have concluded that further defense of the Litigation would be protracted, distracting and expensive. Defendants have therefore determined that it is beneficial to them to settle the Litigation in the manner, and upon the terms and conditions, set forth in this Stipulation.
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Defendant’s Denial of Wrongdoing or Liability. Defendant specifically and generally denies all of the claims asserted in the Settled Lawsuits, denies any and all liability or wrongdoing of any kind whatsoever associated with any of the facts or claims alleged in the Settled Lawsuits, and make no concession or admission of wrongdoing or liability of any kind whatsoever. Defendant maintains that all of Defendant’s ASMs were and always have been properly classified as exempt employees, that no overtime of any kind is owed to them, and that, for any purpose other than settlement, the Settled Lawsuits are not suitable or appropriate for class or collective action treatment pursuant to either Federal Rule of Civil Procedure 23 or 29 U.S.C. § 216(b). Nonetheless, Defendant has concluded that the further defense of the Settled Lawsuits would be protracted and expensive, and that it is desirable that the Settled Lawsuits be fully and finally settled in the manner and upon the terms and conditions set forth in this Stipulation. In reaching this conclusion, Defendant has also taken into account the uncertainty and risks inherent in any litigation. Defendant has, therefore, determined that it is desirable and beneficial for them to settle the Settled Lawsuits in the manner and upon the terms and conditions set forth in this Stipulation.
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Defendant’s Denial of Wrongdoing or Liability. 24 (a) Defendants deny and continue to deny each and all of the allegations, claims, 25 and contentions alleged by Plaintiff in the Action. Defendants have expressly denied and continue to 26 deny all charges of wrongdoing or liability against it arising out of any of the conduct, statements, acts 27 or omissions alleged in the Action. Defendants contend that they complied in good faith with 28 California and federal wage and hour laws and have dealt legally and fairly with Plaintiff and
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Related to Defendant’s Denial of Wrongdoing or Liability

  • Civil Liability 47.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a “workplace claim”) then:

  • Denial of Liability Executive acknowledges and agrees that neither the payment of the Severance Payment under the Agreement nor this Waiver and Release is to be construed in any way as an admission of any liability whatsoever by the Company or any of the other Released Parties, by whom liability is expressly denied.

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  • Infringement Indemnification If notified promptly in writing of any judicial action brought against City based on an allegation that City’s use of the Licensed Software infringes a patent, copyright, or any right of a third party or constitutes misuse or misappropriation of a trade secret or any other right in intellectual property (Infringement), Contractor will hold City harmless and defend such action at its own expense. Contractor will pay the costs and damages awarded in any such action or the cost of settling such action, provided that Contractor shall have sole control of the defense of any such action and all negotiations or its settlement or compromise. If notified promptly in writing of any informal claim (other than a judicial action) brought against City based on an allegation that City’s use of the Licensed Software constitutes Infringement, Contractor will pay the costs associated with resolving such claim and will pay the settlement amount (if any), provided that Contractor shall have sole control of the resolution of any such claim and all negotiations for its settlement. In the event a final injunction is obtained against City’s use of the Licensed Software by reason of Infringement, or in Contractor’s opinion City’s use of the Licensed Software is likely to become the subject of Infringement, Contractor may at its option and expense: (a) procure for City the right to continue to use the Licensed Software as contemplated hereunder, (b) replace the Licensed Software with a non-infringing, functionally equivalent substitute Licensed Software, or (c) suitably modify the Licensed Software to make its use hereunder non-infringing while retaining functional equivalency to the unmodified version of the Licensed Software. If none of these options is reasonably available to Contractor, then the Agreement may be terminated at the option of either Party hereto and Contractor shall refund to City all amounts paid under this Agreement for the license of such infringing Licensed Software. Any unauthorized modification or attempted modification of the Licensed Software by City or any failure by City to implement any improvements or updates to the Licensed Software, as supplied by Contractor, shall void this indemnity unless City has obtained prior written authorization from Contractor permitting such modification, attempted modification or failure to implement. Contractor shall have no liability for any claim of Infringement based on City’s use or combination of the Licensed Software with products or data of the type for which the Licensed Software was neither designed nor intended to be used.

  • Indemnification for Suits or Claims for Intellectual Property Infringement The Contractor shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights, trademarks or copyrights arising out of any patented, trademarked, or copyrighted materials, methods, or systems used by the Contractor.

  • Liability Disclaimer YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ScaleLab, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ScaleLab, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ScaleLab, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  • Liability and Force Majeure (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement.

  • RESPONSIBILITY FOR CLAIMS AND LIABILITY It is hereby stipulated and agreed between the parties that, with respect to any claim or action brought by a third party and arising out of the activities described in this IGA or stems from any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service xxxx, or other actual or alleged unfair competition disparagement of product or service, or other tort or any type whatsoever, or any actual or alleged violation of trade regulations, each party shall only be liable for payment of that portion of any and all liability, costs, expenses, demands, settlements, or judgments resulting from the negligence actions or omissions of its own agents, officers, and employees. Either Party may self-fund its obligations under this IGA. However, nothing herein shall be construed as a waiver of any Party’s sovereign immunity or the immunities available to the officials, officers and employees of the Parties. To the extent allowed by law, the CITY shall ensure that any contractor retained or selected by the CITY to provide services related to the UTILITIES RELOCATOIN work contemplated in this IGA shall agree to indemnify and hold harmless the COUTNY as well as its commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which it or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage, arising out of the UTILITIES RELOCATION work irrespective of the COUNTY’s negligence (except that no Party shall be indemnified for their own sole negligence). Any contractor retained by the CITY, if requested, shall assume and defend at the contractor’s own expense, any suit, action or other legal proceedings arising therefrom in which the COUNTY, and/or its commissioners, officers, officials, employees, and agents, are named as a party, and the contractor hereby agrees to satisfy, pay, and cause to be discharged of record any judgment which may be rendered against the COUNTY and/or its commissioners, officers, officials, employees, and agents, arising therefrom. The CITY shall ensure that the provisions of this Article are included in all contracts and subcontracts.

  • Intellectual Property Infringement Indemnification 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

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