No Evidence Clause Samples
POPULAR SAMPLE Copied 2 times
No Evidence. Neither PIcArbs nor the NEvaluator may be called as a witness by either Party in any subsequent proceedings.
No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, any other action, or in any judicial, administrative, regulatory, or other proceeding, except in a proceeding to enforce this Settlement Agreement or the relief provided herein. Further, neither this Settlement Agreement nor any related negotiations, statements, or proceedings shall be construed as, offered as, used as, or deemed to be evidence or an admission or concession by any person of any matter, including but not limited to any liability or wrongdoing on the part of Defendants or as a waiver by them of any applicable defense.
No Evidence. The Parties further agree that, whether or not this Settlement Agreement is finally approved or is terminated, neither this Settlement Agreement nor any document relating to it shall be offered in evidence in any action or proceeding in any court, agency or tribunal, except to seek court approval of this Settlement Agreement or to give effect to and enforce the provisions of this Settlement Agreement.
No Evidence. 14.2.1 The Parties further agree that, whether or not this Settlement Agreement is finally approved or is terminated, neither this Settlement Agreement nor any document relating to it shall be offered in evidence in any action or proceeding in any court, agency or tribunal, except to: (1) seek court approval of this Settlement Agreement; (2) give effect to and enforce the provisions of this Settlement Agreement; and (3) prosecute and prove the Indemnity Claim.
14.2.2 The Parties agree that neither the execution of this Settlement Agreement, nor any of its provisions or attachments, nor any action taken pursuant to its terms shall, in the Action or in any other action or proceeding, be construed or considered as evidence of an admission by the Defendants of the validity of any of the claims that have or could have been made by the Plaintiff or any Class Member. This Settlement Agreement, however, may be admitted as evidence in any action to enforce its terms.
14.2.3 The Parties agree that this Settlement Agreement and the Settlement provided for herein, and any proceedings taken pursuant thereto, are not, and should not in any event be, offered, received, or construed as evidence of, a presumption of, concession of, or an admission by any of the Parties in respect of any of the following:
(a) the liability or non-liability of any person, including without limitation any of the Released Parties or any of the Parties;
(b) the suitability or unsuitability for certification of any litigation class whatsoever;
(c) the extent to which any claim against the Released Parties could satisfy the requirements for certification of a litigation class if certification were contested; or
(d) the making of any alleged misrepresentation or omission in any statement or written document approved or made by any Released Party or Party.
14.2.4 Notwithstanding sections 14.2.1 and 14.2.2, reference may be made to this Settlement Agreement and the Settlement provided for herein in such proceedings as may be necessary to give effect to the provisions of this Settlement Agreement, as further set forth in this Settlement Agreement. In addition, and for greater certainty, nothing in this Settlement Agreement precludes the use or admission into evidence of this Settlement Agreement in a proceeding between the Defendants and their insurers or by the Defendants in the Indemnity Action.
No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, any other action, or in any judicial, administrative, regulatory, or other proceeding, except (a) in a proceeding to enforce this Settlement Agreement or the relief provided herein, or (b) in the event that this Settlement Agreement is relevant to a claim of res judicata or other preclusion in subsequent litigation, including litigation other than this Action.
No Evidence. It is understood that this Agreement, and the terms and provisions contained herein, shall not be used as evidence of liability or other alleged wrongdoing in any action, suit or proceeding whatsoever, whether or not a Party to the Claims is the Party asserting such claim. Nothing herein shall prevent this Agreement or its terms from being used, offered, or received in any proceeding to enforce any or all the terms of this Agreement.
No Evidence. In no event shall this Settlement Agreement, any of its provisions, or any negotiations, statements, or proceedings relating to it in any way be construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, or any other action, or in any judicial, administrative, regulatory, or other proceeding, except in a proceeding to enforce this Settlement Agreement or the relief provided herein and in any proceeding in which the Released Parties, or those in privity with them, claim that the Settlement Agreement constitutes an affirmative defense. Further, neither this Settlement Agreement nor any related negotiations, statements, or proceedings shall be construed as, offered as, used as, or deemed to be evidence or an admission or concession by any person of any matter, including but not limited to any liability or wrongdoing on the part of Defendants or as a waiver by Defendants of any applicable defense.
No Evidence. This Agreement shall not be used as evidence in any proceeding other than one to enforce this Agreement.
No Evidence. The parties agree and acknowledge that neither this Settlement Agreement, nor the terms hereof or negotiations relating hereto, shall be offered, used or considered as evidence in any action or proceeding of any type against or involving the Catalent Releasees or Acorda Releasees, except to the extent necessary to enforce the terms hereof.
No Evidence. The Parties have entered into this Agreement to avoid the substantial costs, inconvenience, and uncertainties of litigation. This Agreement is not evidence and cannot be used as evidence that the County, or its appointing authorities, employees, agents and/or affiliates, have violated or failed to comply with any law, statute or other legal requirement. Further, this Agreement is not evidence, and cannot be used as evidence that the County has deprived the Plaintiffs or any other person or entity of any rights, duties, or obligations under law, statute or otherwise. This Agreement is made on a non-precedent setting, no-citation basis, and the Plaintiffs’ shall not refer to it in any subsequent proceeding except for claims of violation of this Agreement.
