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. Neither this Agreement nor any of its provisions, nor any act performed or document executed pursuant to or in furtherance of this Agreement (including, but not limited to, the Lawyers’ Proffer whether or not Plaintiffs subsequently exercise their right to terminate this Agreement): (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, of any allegation made in the Action, or of any wrongdoing or liability of any party to this Agreement; 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 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 Agreement, and except that the Releasees may file this Agreement and/or the Final Approval Order and 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 Preliminary Approval Order, the Final Approval Order and Judgment.
Use of Agreement as Evidence. Neither this Settlement Agreement nor the Settlement, 10 nor any act performed or document executed pursuant to or in furtherance of this Settlement 11 Agreement or the Settlement: (a) is or may be deemed to be or may be used as an admission of, or 12 evidence of, the validity of any Released Claims, of any allegation made in the Actions, or of any 13 wrongdoing or liability of the Panasonic Defendants; or (b) is or may be deemed to be or may be used 14 as an admission of, or evidence of, any liability, fault or omission of the Releasees in any civil, 15 criminal or administrative proceeding in any court, administrative agency or other tribunal. Neither 16 this Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant 17 to or in furtherance of this Settlement Agreement or the Settlement shall be admissible in any 18 proceeding for any purpose, except to enforce the terms of the Settlement, and except that the 19 Releasees may file this Settlement Agreement and/or the Judgment in any action for any purpose, 20 including, but not limited to, to support a defense or counterclaim based on principles of res judicata, 21 collateral estoppel, release, good faith settlement, judgment bar or reduction or any other theory of 22 claim preclusion or issue preclusion or similar defense or counterclaim. The limitations described in 23 this paragraph apply whether or not the Court enters the Preliminary Approval Order, the Final 24 Approval Order, or the Judgment, or if this Settlement Agreement is terminated or rescinded.
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 of, or evidence of, the Covered Conduct alleged in the Alabama AG Action or the Other Alabama Opioid Actions, of any allegation made in those cases, or of any wrongdoing or liability of any Released Entities; 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 Released Entities 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 Released Entities 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 or to support a claim for contribution and/or indemnification.
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 Action, the strength or weakness of any claim or defense or allegation with respect to, any Covered Conduct and/or Alleged Xxxxx, or of any wrongdoing, fault or liability of any Releasee; 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 any 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 as evidence or otherwise used in any way in any proceeding for any purpose, except to enforce the terms of the Settlement, and except that the Releasees may use this Agreement in any action for any purpose, including, but not limited to (1) an action involving a determination regarding insurance coverage; (2) an action involving a determination of the taxable income or tax liability of any Releasees; (3) in order to support a claim for contribution and/or indemnification or 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 similar defense or counterclaim, including but not limited to against Released Claims asserted against any Releasee by any New Mexico Local Government, whether currently pending or in the future; or
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.
