Common use of Use of Agreement as Evidence Clause in Contracts

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 Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this AgreementSettlement Agreement or the Settlement: (ia) is or may be deemed to be or may be used as an admission of, or evidence relating to any matter of fact or law alleged in the Actionsof, the strength or weakness validity of any claim or defense or Released Claims, of any allegation made in those casesthe Action, or of any wrongdoing, fault, wrongdoing or liability of any ReleaseesShinyei; or (iib) is or may be deemed to be or may be used as an admission of, or evidence relating to 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 Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Settlement 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 or use this Settlement Agreement and/or the Judgment in any action (1) involving a determination regarding insurance coverage; (2) involving a determination of the taxable income or tax liability of for any Released Entities; (3) purpose, including, but not limited to, in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good-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; . The limitations described in this paragraph apply whether or (5) to support any other argument not the Court enters the Preliminary Approval Order, the Final Approval Order, or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted xxxxx Judgment, or otherwise satisfy if the relief soughtSettlement Agreement is terminated or rescinded.

Use of Agreement as Evidence. Neither this Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this AgreementSettlement Agreement or the Settlement: (ia) is or may be deemed to be or may be used as an admission of, or evidence relating to any matter of fact or law alleged in the Actionsof, the strength or weakness validity of any claim or defense or Released Claims, of any allegation made in those casesthe Action, or of any wrongdoing, fault, wrongdoing or liability of any ReleaseesTaitsu; or (iib) is or may be deemed to be or may be used as an admission of, or evidence relating to 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 Settlement Agreement nor the Settlement, nor any act performed or document executed pursuant to or in furtherance of this Settlement 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 or use this Settlement Agreement and/or the Judgment in any action (1) involving a determination regarding insurance coverage; (2) involving a determination of the taxable income or tax liability of for any Released Entities; (3) purpose, including, but not limited to, in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good-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; . The limitations described in this paragraph apply whether or (5) to support any other argument not the Court enters the Preliminary Approval Order, the Final Approval Order, or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted xxxxx Judgment, or otherwise satisfy if the relief soughtSettlement Agreement is terminated or rescinded.

Use of Agreement as Evidence. Neither this Agreement nor the Settlement, nor 20 any act performed or document executed pursuant to or in furtherance of this AgreementAgreement or the 21 Settlement: (ia) is or may be deemed to be or may be used as an admission of, or evidence relating to of, the 22 validity of any matter of fact or law alleged Released Claims, any allegation made in the Actions, the strength or weakness of any claim or defense or allegation made in those cases, or any wrongdoing, fault, wrongdoing or liability 23 of any ReleaseesTOKIN; or (iib) is or may be deemed to be or may be used as an admission of, or evidence relating to of, any 24 liability, fault or omission of the Releasees in any civil, criminal or administrative proceeding in 25 any court, administrative agency or other tribunal. Neither this Agreement nor the Settlement, nor 26 any act performed or document executed pursuant to or in furtherance of this Agreement or the 27 Settlement, shall be admissible in any proceeding for any purpose, except to enforce the terms of 1 the Settlement, and except that the Releasees may file or use this Agreement and/or the Judgment in any 2 action (1) involving a determination regarding insurance coverage; (2) involving a determination of the taxable income or tax liability of for any Released Entities; (3) purpose, including, but not limited to, in order to support a defense or counterclaim 3 based on principles of res judicata, collateral estoppel, release, good-good faith settlement, judgment bar 4 or reduction or on any other theory of claim preclusion or issue preclusion or similar defense or 5 counterclaim; (4) to support a claim for contribution and/or indemnification; . The limitations described in this paragraph apply whether or (5) to support any other argument not the Court enters the 6 Preliminary Approval Order, the Final Approval Order or defense by a Releasee that the Remediation Payments provide a measure of compensation for asserted xxxxx or otherwise satisfy the relief soughtJudgment.