Final and Complete Resolution. The Parties intend this Agreement and the Settlement to be and constitute a final, complete, and worldwide resolution of all matters and disputes between (a) the Plaintiffs, the Plaintiffs Released Parties and the Interested Parties, on the one hand, and (b) the BMB Defendants and the BMB Released Parties, on the other hand (subject to certain exceptions applicable to Winter as set forth in paragraphs 38 and 41 herein), and this Agreement, including its exhibits, shall be interpreted to effectuate this purpose. The Parties agree not to assert in any Forum that another Party violated Rule 11 of the Federal Rules of Civil Procedure, or litigated, negotiated, or otherwise engaged in conduct in bad faith or without a reasonable basis in connection with the Troice Litigation, the Janvey Litigation, the Other BMB Litigation, the Settlement or this Agreement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement