Common use of Use of this Order Clause in Contracts

Use of this Order. Neither this Scheduling Order, the Stipulation, nor any act or omission in connection therewith is intended or shall be deemed to be a presumption, concession, or admission by: (i) any of the Released Defendants as to the validity of any claims, causes of action, or other issues that were, might be, or have been raised in the Action or in any other litigation, or to be evidence of or constitute an admission of wrongdoing or liability by any of them, and each of them expressly denies any such wrongdoing or liability; or (ii) Plaintiff as to the infirmity of any claim or the validity of any defense, or to the amount of any damages. The existence of the Stipulation, its contents, or any negotiations, statements, or proceedings in connection therewith, shall not be offered or admitted in evidence or referred to, interpreted, construed, invoked, or otherwise used by any Person for any purpose in the Action or otherwise, except as may be necessary to effectuate the Settlement. This provision shall remain in full force and effect in the event that the Settlement is terminated for any reason whatsoever. Notwithstanding the foregoing, any of the Released Defendants may file the Stipulation or any judgment or order of the Court related hereto in any other action that may be brought against them, in order to support any and all defenses or counterclaims based on res judicata, collateral estoppel, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.

Use of this Order. Neither this Scheduling Order, the Stipulation, Stipulation nor any act or omission in connection therewith is intended or shall be deemed to be a presumption, concession, concession or admission by: (i) any of the Settling Defendants or any of the other Released Defendants Defendant Parties as to the validity of any claims, causes of actiondefenses, other issues raised, or other issues that were, which might be, be or have been raised raised, in the Action or in any other litigation, or to be evidence of or constitute an admission of wrongdoing or liability by any of them, and each of them expressly denies any such wrongdoing or liability; or (ii) Plaintiff Plaintiffs as to the infirmity of any claim or the validity of any defense, or to that damages in the amount of any damagesAction would not have exceeded the Escrow Amount. The existence of the Stipulation, its contents, contents or any negotiations, statements, statements or proceedings in connection therewith, shall not be offered or admitted in evidence or referred to, interpreted, construed, invoked, invoked or otherwise used by any Person for any purpose in the Action or otherwise, except as may be necessary to effectuate the Settlement. This provision shall remain in full force and effect in the event that the Settlement is terminated for any reason whatsoever. Notwithstanding the foregoing, any of the Released Defendants Parties may file the Stipulation or any judgment or order of the Court related hereto thereto in any other action that may be brought bought against them, in order to support any and all defenses or counterclaims based on res judicata, collateral estoppel, good good-faith settlement, judgment bar or reduction, reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.