Common use of Use of Order Clause in Contracts

Use of Order. This Order is not admissible as evidence for any purpose against Defendants in any pending or future litigation involving any of the Parties. This Order shall not be construed or used as an admission, concession, or declaration by or against Defendants of any fault, wrongdoing, breach, or liability, and Defendants specifically deny any such fault, breach, liability, or wrongdoing. This Order shall not be construed or used as an admission, concession, or declaration by or against Plaintiff or the Settlement Class that their claims lack merit or that the relief requested in the Action is inappropriate, improper, or unavailable. This Order shall not be construed or used as an admission, concession, declaration, or waiver by any party of any arguments, defenses, or claims he, she, or it may have, including, but not limited to, any objections by Defendants to class certification, in the event that the Settlement Agreement is terminated. Moreover, the Settlement Agreement and any proceedings taken pursuant to the Settlement Agreement are for settlement purposes only. Neither the fact of, nor any provision contained in the Settlement Agreement or its exhibits, nor any actions taken thereunder shall be construed as, offered into evidence as, received in evidence as, and/or deemed to be evidence of a presumption, concession, or admission of any kind as to the truth of any fact alleged or validity of any defense that has been, could have been, or in the future might be asserted.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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Use of Order. This Order is not admissible as evidence for any purpose against Defendants in any pending or future litigation involving any of the Parties. This Order shall not be construed or used as an admission, concession, or declaration by or against Defendants of any fault, wrongdoing, breach, or liability, liability and Defendants specifically deny any such fault, breach, liability, liability or wrongdoing. This Order shall not be construed or used as an admission, concession, or declaration by or against Plaintiff Plaintiffs or the Settlement Class that their claims lack merit or that the relief requested in the Action is inappropriate, improper, improper or unavailable. This Order shall not be construed or used as an admission, concession, declaration, declaration or waiver by any party of any arguments, defenses, or claims he, she, or it may have, including, but not limited to, any objections by Defendants to class certification, in the event that the Settlement Agreement is terminated. Moreover, the Settlement Agreement and any proceedings taken pursuant to the Settlement Agreement are for settlement purposes only. Neither the fact of, nor any provision contained in the Settlement Agreement or its exhibits, nor any actions taken thereunder shall be construed as, offered into evidence as, received in evidence as, and/or deemed to be evidence of a presumption, concession, or admission of any kind as to the truth of any fact alleged or validity of any defense that has been, could have been, or in the future might be asserted.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Use of Order. This Under no circumstances shall this Order is not admissible as evidence for any purpose against Defendants in any pending or future litigation involving any of the Parties. This Order shall not be construed construed, deemed or used as an admission, concession, concession or declaration by or against any of the Defendants of any fault, wrongdoing, breach, or liability, and Defendants specifically deny any such fault, breach, liability, or wrongdoingthat the Action should be maintained as a class action. This Nor shall the Order shall not be construed construed, deemed or used as an admission, concession, concession or declaration by or against Plaintiff Named Plaintiffs or the Settlement Class that their claims lack merit or that the relief requested in the Action is inappropriate, improperimproper or unavailable, or unavailable. This Order shall not be construed or used as an admission, concession, declaration, or a waiver by any party Party of any arguments, defenses, defenses or claims he, she, she or it may have, including, but not limited to, any objections by Defendants to class certification, certification in the event that the Settlement Agreement is terminated. Moreover, the Settlement Agreement and any proceedings taken pursuant to the Settlement Agreement are for settlement purposes only. Neither the fact of, nor any provision contained in in, the Settlement Agreement or its exhibits, nor any actions taken thereunder thereunder, shall be construed as, offered into evidence as, received in evidence as, and/or deemed to be evidence of a presumption, concession, or admission of any kind as to the truth of any fact alleged or the validity of any defense that has been, could have been, been or in the future might be asserted.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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