No Admission of Liability, Class Certification or Representative Manageability for Other Purposes. This Agreement represents a compromise and settlement of highly disputed claims. Nothing in this Agreement is intended or should be construed as an admission by JBT that any of the allegations in the Operative Complaint have merit or that JBT has any liability for any claims asserted; nor should it be intended or construed as an admission by Plaintiffs that JBT’s defenses in the Action have merit. The Parties agree that class certification and representative treatment is for purposes of this Settlement only. If, for any reason the Court does not grant Preliminary Approval, Final Approval or enter Judgment, JBT reserves the right to contest certification of any class for any reasons, and JBT reserves all available defenses to the claims in the Action, and Plaintiff reserves the right to move for class certification on any grounds available and to contest JBT’s defenses. The Settlement, this Agreement and Parties' willingness to settle the Action will have no bearing on, and will not be admissible in connection with, any litigation (except for proceedings to enforce or effectuate the Settlement and this Agreement).
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No Admission of Liability, Class Certification or Representative Manageability for Other Purposes. This Agreement represents a compromise and settlement of highly disputed claims. Nothing in this Agreement is intended or should be construed as an admission by JBT Costco that any of the allegations allegation in the Operative Complaint have has merit or that JBT Costco has any liability for any claims asserted; nor should it be intended or construed as an admission by Plaintiffs Plaintiff that JBTCostco’s defenses in the Action have merit. The Parties agree that class certification and representative treatment is for purposes of this Settlement only. If, for any reason the Court does not grant Preliminary Approval, Final Approval or enter Judgment, JBT Costco reserves the right to contest certification of any class for any reasons, and JBT Costco reserves all available defenses to the claims in the Action, and Plaintiff reserves the right to move for class certification on any grounds available and to contest JBTCostco’s defenses. The Settlement, this Agreement Agreement, and the Parties' ’ willingness to settle the Action will have no bearing on, and will not be admissible in connection with, any litigation (except for proceedings to enforce or effectuate the Settlement and this Agreement).
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