Use As Evidence. The Parties agree that this Agreement may be used as evidence in a subsequent proceeding in which any of the Parties allege a breach of this Agreement or as a complete defense to any lawsuit brought by any party. Other than this exception, the Parties agree that this Agreement will not be introduced as evidence in any proceeding or in any lawsuit.
Use As Evidence. One or more waivers or modifications of any covenant, term or condition in this Agreement by any party shall not be construed by any other party as a waiver or modification applicable to any subsequent breach of the same covenant, term or condition. Evidence of any such waiver or modification may not be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or a party’s rights or obligations under it. This limitation does not apply if the waiver or modification is in writing and duly executed as provided above.
Use As Evidence. No testimony taken by deposition shall be considered as part of the evidence in the hearing of an appeal until it is offered and re- ceived as evidence at the hearing. It will not ordinarily be received in evi- dence if the deponent is present and can testify personally at the hearing. In such cases, however, the deposition may be used to contradict or impeach testimony of the witness given at the hearing. In cases submitted on the record the Board may in its discretion receive depositions as evidence.
Use As Evidence. No testimony taken by depositions shall be consid- ered as part of the evidence in the hearing of an appeal until such testi- mony is offered and received in evi- dence at such hearing. It will not ordi- narily be received in evidence if the de- ponent is present and can testify at the hearing. In such instances, however, the deposition may be used to con- tradict or impeach the testimony of the deponent given at the hearing. In cases submitted on the record, the Board may, in its discretion, receive depositions to supplement the record.
