Federal Rule of Evidence 408. The Settling Parties agree that this Agreement, its terms and the negotiations surrounding this Agreement shall be governed by Federal Rule of Evidence 408 and shall not be admissible or offered or received into evidence in any suit, action or other proceeding, except as provided in this Agreement, upon the written agreement of the Settling Parties hereto, pursuant to an order of a court of competent jurisdiction, or as shall be necessary to give effect to, or to declare or enforce the rights of the Settling Parties with respect to any provision of this Agreement.
Federal Rule of Evidence 408. This Agreement and the Term Sheet are part of a proposed settlement of a dispute among the Parties. Regardless of whether or not the transactions contemplated herein are consummated, or whether or not an Agreement Termination Date has occurred, nothing shall be construed herein as a waiver by any Party of any or all of such Party’s rights or remedies and the Parties expressly reserve any and all of their respective rights and remedies. Pursuant to Federal Rule of Evidence 408 and any other applicable rules of evidence, this Agreement and all negotiations relating hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms. 15.
Federal Rule of Evidence 408. 18.1 The Parties specifically acknowledge, agree and admit that this Settlement and its exhibits, along with all related drafts, motions, pleadings, conversations, negotiations, correspondence, orders or other documents shall be considered a compromise within the meaning of Federal Rules of Evidence Rule 408, and any equivalent rule of evidence of any state, and shall not (i) constitute, be construed, be offered, or received into evidence as an admission of the validity of any claim or defense, or the truth of any fact alleged or other allegation in the Litigation, the Case 2:09-md-02047-EEF-JCW Document 13375-2 Filed 03/29/12 Page 24 of 30 Case 2:09-md-02047-EEF-JCW Document 13375-2 Filed 03/29/12 Page 25 of 30 For the Knauf Defendants: Witnesses: Knauf Plasterboard (Tianjin) Co., Ltd. By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Knauf Plasterboard (Wuhu) Co., Ltd. By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Guangdong Knauf New Building Material Products Co., Ltd. By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Xxxxx Xxxx KG By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Gebr. Xxxxx Verwaltungsgesellschaft KG By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Xxxxx International GmbH By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Knauf Insulation GmbH By: Print Name: Print Name: Title: Date: Print Name: Witnesses: Knauf UK GmbH By: Print Name: Print Name: Title: Date: Print Name: Case 2:09-md-02047-EEF-JCW Document 13375-2 Filed 03/29/12 Page 29 of 30
Federal Rule of Evidence 408. Regardless of whether or not the transactions consummated herein are consummated, or whether or not this Agreement is terminated in accordance with Section 8, nothing shall be construed herein as a waiver by any Party of any or all of such Party’s rights or remedies and the Parties expressly reserve any and all of their respective rights and remedies.
Federal Rule of Evidence 408. This Agreement and the Plan are part of a proposed settlement of a dispute among the Parties. Pursuant to Federal Rule of Evidence 408 and any other applicable rules of evidence, this Agreement and all negotiations relating hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms.
Federal Rule of Evidence 408. Pursuant to Rule 408 of the Federal Rules of Evidence, this Settlement Agreement and any related documents filed or created in connection with this Settlement Agreement shall be inadmissible as evidence in any proceeding, except as necessary to approve, interpret, or enforce this Settlement Agreement.
Federal Rule of Evidence 408. 18.1. The Parties specifically acknowledge, agree and admit that this Settlement and its exhibits, along with all related drafts, motions, pleadings, conversations, negotiations and correspondence, shall be considered a compromise within the meaning of Federal Rules of Evidence Rule 408, and any equivalent rule of evidence of any state, and shall not (i) constitute, be construed, be offered, or received into evidence as an admission of the validity of any claim or defense, or the truth of any fact alleged or other allegation in the Litigation, the Related Actions, or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, or (ii) be used to establish a waiver of any defense or right, or to establish or contest jurisdiction or venue.
Federal Rule of Evidence 408. The Settling Parties agree that this Settlement Agreement, its terms and the negotiations surrounding this Settlement Agreement shall be governed by Federal Rule of Evidence 408 and shall not be admissible or offered or received into evidence in any suit, action or other proceeding, except upon the written agreement of the Settling Parties hereto, pursuant to an order of a court of competent jurisdiction, or as shall be necessary to give effect to, declare or enforce the rights of the Settling Parties with respect to any provision of this Settlement Agreement. SETTLEMENT AGREEMENT; Case No. 3:14-cv-03264-JD 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES COTCHETT, XXXXX &
Federal Rule of Evidence 408. The Settling Parties agree that this Settlement Agreement, its terms and the negotiations surrounding this Settlement Agreement shall be SETTLEMENT AGREEMENT; Case No. 3:14-cv-03264-JD 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES COTCHETT, XXXXX & governed by Federal Rule of Evidence 408 and shall not be admissible or offered or received into evidence in any suit, action or other proceeding, except upon the written agreement of the Settling Parties hereto, pursuant to an order of a court of competent jurisdiction, or as shall be necessary to give effect to, declare or enforce the rights of the Settling Parties with respect to any provision of this Settlement Agreement.
Federal Rule of Evidence 408. The Settling Parties agree that this Settlement Agreement, 4 its terms and the negotiations surrounding this Settlement Agreement shall be governed by Federal 5 Rule of Evidence 408 and shall not be admissible or offered or received into evidence in any suit, 6 action or other proceeding, except upon the written agreement of the Settling Parties hereto, pursuant 7 to an order of a court of competent jurisdiction, or as shall be necessary to give effect to, declare or 8 enforce the rights of the Settling Parties with respect to any provision of this Settlement Agreement.
