Common use of Use of this Order Clause in Contracts

Use of this Order. Neither this Order, the Stipulation (whether or not approved by the Court), including the exhibits thereto and the Plan of Allocation contained therein (or any other plan of allocation that may be approved by the Court), the negotiations leading to the execution of the Stipulation, nor any proceedings taken pursuant to or in connection with the Stipulation and/or approval of the Settlement (including any arguments proffered in connection therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or construed as, or deemed to be evidence of any presumption, concession, or admission by any of the Defendants’ Releasees with respect to the truth of any fact alleged by Lead Plaintiffs or the validity of any claim that was, could have been, or could in the future be asserted or the deficiency of any defense that has been, could have been, or could in the future be asserted in this Action or in any other litigation, or of any liability, negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal, arbitration, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of the Stipulation;

Use of this Order. Neither this Order, the Stipulation (whether or not approved by the Court9 consummated), including the exhibits thereto and the Plan of Allocation contained therein (or 10 any other plan of allocation that may be approved by the Court), the negotiations leading to the 11 execution of the Stipulation, nor any proceedings taken pursuant to or in connection with the 12 Stipulation and/or approval of the Settlement (including any arguments proffered in connection 13 therewith): (a) shall be offered against any of the Defendants’ Releasees as evidence of, or 14 construed as, or deemed to be evidence of any presumption, concession, or admission by any of 15 the Defendants’ Releasees with respect to the truth of any fact alleged by Lead Plaintiffs or the validity 16 of any claim that was, was or could have been, or could in the future be been asserted or the deficiency of any defense that has been, been 17 or could have been, or could in the future be been asserted in this Action or in any other litigation, or of any liability, 18 negligence, fault, or other wrongdoing of any kind of any of the Defendants’ Releasees or in any 19 way referred to for any other reason as against any of the Defendants’ Releasees, in any civil, criminal, arbitration, 20 criminal or administrative action or proceeding, other than such proceedings as may be necessary 21 to effectuate the provisions of the Stipulation;; (b) shall be offered against any of the Plaintiffs’