Common use of No Admission of Liability, Class Certification or Representative Manageability for Other Purposes Clause in Contracts

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 Arjo that any of the allegations in the Operative Complaint have merit or that Arjo has any liability for any claims asserted; nor should it be intended or construed as an admission by Plaintiff that Arjo’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, Arjo reserves the right to contest certification of any class for any reasons, and Arjo 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 Arjo’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).

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement

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 Arjo sPower that any of the allegations in the Operative Complaint have merit or that Arjo sPower has any liability for any claims asserted; nor should it be intended or construed as an admission by Plaintiff that ArjosPower’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, Arjo sPower reserves the right to contest certification of any class for any reasons, and Arjo sPower 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 ArjosPower’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).

Appears in 1 contract

Sources: Class Action and Paga Settlement Agreement