Common use of NO ADMISSION, NO DETERMINATION Clause in Contracts

NO ADMISSION, NO DETERMINATION. This Settlement Agreement does not, and is not intended to constitute, nor shall it be deemed to constitute, an admission by any party as to the merits, validity or accuracy of any of the allegations, claims, defenses or affirmative defenses of any party in this case. Plaintiffs continue to assert the merits and validity of their claims under Title VII, the EPA, or parallel state and local laws prohibiting gender discrimination. By entering into this Agreement, Defendants do not admit or concede, expressly or impliedly, but rather deny that they have in any way violated Title VII, the EPA, parallel state and local laws prohibiting gender discrimination, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule or executive order, or any obligation or duty at law or in equity. Defendants continue to assert the merits and validity of their defenses and affirmative defenses to Plaintiffs’ claims. Neither the Court nor any other court has made any findings or expressed any opinion concerning the merits, validity or accuracy of any of the allegations, claims, defenses or affirmative defenses in this case. Furthermore, for avoidance of doubt, nothing herein shall be deemed an admission of the validity of Xxxx Xxxxxxxx’x individual retaliation claims or a waiver of Defendants’ rights, defenses, and affirmative defenses. Nothing in this Settlement Agreement, nor any action taken in implementation thereof, nor any statements, discussions or communications, nor any materials prepared, exchanged, issued or used during the course of the mediation or negotiations leading to this Settlement Agreement, is intended by the parties to, nor shall any of the foregoing constitute, be introduced, be used or be admissible in any way in this case or any other judicial, arbitral, administrative, investigative or other proceeding of whatsoever kind or nature (including, without limitation, the results of the claims process established under this Settlement Agreement) as evidence of gender discrimination, retaliation or sexual harassment or as evidence of any violation of Title VII, the EPA, parallel state and local laws prohibiting gender discrimination, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule or executive order, or any obligation or duty at law or in equity. This Settlement Agreement is non-precedential and shall not be deemed to constitute an admission that class certification is appropriate in this action or any other action that may be brought against Defendants. Notwithstanding the foregoing, this Settlement Agreement may be used in any proceeding in the Court or in mediation or arbitration to enforce or implement any provision of this Settlement Agreement or implement any orders or judgments of the Court entered into in connection herewith.

NO ADMISSION, NO DETERMINATION. 2 This Settlement Agreement does not, and is not intended to constitute, nor shall it be 3 deemed to constitute, an admission by any party Party as to the merits, validity validity, or accuracy of any of 4 the allegations, claims, defenses defenses, or affirmative defenses of any party Party in this caseAction. Plaintiffs The Named 5 Plaintiffs, on behalf of themselves and the Class they seek to represent, continue to assert the 6 merits and validity of their claims under Title VII, the EPA, or parallel state and local laws prohibiting gender race discrimination. By entering into 7 this Agreement, Defendants do not admit or concede, expressly or impliedly, but rather deny all 8 claims as to liability, wrongdoing, damages, penalties, interest, fees, injunctive relief, and all 9 other forms of relief, as well as the class allegations asserted in the Action, and deny that they 10 have in any way violated Title VII, the EPA, parallel state and local laws prohibiting gender race discrimination, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule or executive order, or any obligation or duty at law or in equity. Defendants continue to assert the merits and validity of their defenses and affirmative defenses to Plaintiffs’ claims. Neither the Court nor any other 11 court has made any findings or expressed any opinion concerning the merits, validity validity, or accuracy 12 of any of the allegations, claims, defenses defenses, or affirmative defenses in this case. Furthermore, for avoidance of doubt, nothing herein shall be deemed an admission of the validity of Xxxx Xxxxxxxx’x individual retaliation claims or a waiver of Defendants’ rights, defenses, and affirmative defenses. Nothing in this 13 Settlement Agreement, nor any action taken in implementation thereof, nor any statements, discussions 14 discussions, or communications, nor any materials prepared, exchanged, issued issued, or used during 15 the course of the mediation or negotiations leading to this Settlement Agreement, is intended by 16 the parties Parties to, nor shall any of the foregoing constitute, be introduced, be used used, or be admissible in 17 any way in this case or any other judicial, arbitral, administrative, investigative investigative, or other 18 proceeding of whatsoever kind or nature (including, without limitation, the results of the claims 19 process established under this Settlement Agreement) as evidence of gender race discrimination, retaliation 20 retaliation, or sexual racial harassment or as evidence of any violation of Title VIIfederal, the EPAstate, parallel state and or local laws 21 prohibiting gender race discrimination, the common law of any jurisdiction, or any other federal, state state, or 22 local law, statute, ordinance, regulation, rule rule, or executive order, or any obligation or duty at law 23 or in equity. This Settlement Agreement is non-precedential and shall not be deemed to constitute an admission that class certification is appropriate in this action or any other action that may be brought against Defendants. 24 Notwithstanding the foregoing, this Settlement Agreement may be used in any proceeding 25 in the Court or in mediation or arbitration to enforce or implement any provision of this 26 Settlement Agreement or implement any orders or judgments of the Court entered into in 27 connection herewith.

NO ADMISSION, NO DETERMINATION. This Settlement Agreement does not, and is not intended to to, constitute, nor shall it be deemed to constitute, an admission by any party as to the merits, validity or accuracy of any of the allegations, claims, defenses claims or affirmative defenses of any party in this case. Plaintiffs continue to assert the merits and validity of their claims under Title VII, the EPA, or 42 U.S.C. § 1981 and parallel state and local laws prohibiting gender race, color, national origin or ethnicity discrimination. By entering into this Agreement, Defendants do Defendant does not admit or concede, expressly or impliedly, but rather deny denies that they have it has in any way violated Title VII, the EPA42 U.S.C. § 1981, parallel state and local laws prohibiting gender discriminationrace, color, national origin or ethnicity discrimination or retaliation, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule or executive order, or any obligation or duty at law or in equity. Defendants continue Defendant continues to assert the merits and validity of their defenses and affirmative its defenses to Plaintiffs’ claims. Neither the Court nor any other court has made any findings or expressed any opinion concerning the merits, validity or accuracy of any of the allegations, claims, defenses claims or affirmative defenses in this case. Furthermore, for avoidance of doubt, nothing herein shall be deemed an admission of the validity of Xxxx Xxxxxxxx’x individual retaliation claims or a waiver of Defendants’ rights, defenses, and affirmative defenses. Nothing in this Settlement Agreement, nor any action taken in implementation thereof, nor any statements, discussions or communications, nor any materials prepared, exchanged, issued or used during the course of the mediation or negotiations leading to this Settlement Agreement, is intended by the parties to, nor shall any of the foregoing constitute, to be introduced, be used or be admissible in any way in this case or any other judicial, arbitral, administrative, investigative or other proceeding of whatsoever kind or nature (including, without limitation, the results of the claims process established under this Settlement Agreement) as evidence of gender race, color, national origin or ethnicity discrimination, retaliation or sexual harassment or as evidence of any violation of Title VII, the EPA42 U.S.C. § 1981, parallel state and local laws prohibiting gender discriminationrace, color, national origin or ethnicity discrimination or retaliation, the common law of any jurisdiction, or any other federal, state or local law, statute, ordinance, regulation, rule or executive order, or any obligation or duty at law or in equity. This Settlement Agreement is non-precedential and shall not be deemed to constitute an admission that class certification is appropriate in this action or any other action that may be brought against DefendantsDefendant. Notwithstanding the foregoing, this Settlement Agreement may be used in any proceeding in the Court or in mediation or arbitration to enforce or implement any provision of this Settlement Agreement or implement any orders or judgments of the Court entered into in connection herewith.