Common use of No Admission of Wrongdoing or Liability Clause in Contracts

No Admission of Wrongdoing or Liability. 9.1 Defendants have denied, and continue to deny, that they committed any violation of law or of their contractual obligations or engaged in any of the wrongful acts alleged against them in the Action. Defendants are entering into this Agreement solely because the proposed Settlement would eliminate the burden, expense and risk of further litigation. 9.2 The Plaintiff Parties contend that they brought the Action against Columbia in good faith and that the claims asserted against Columbia in the Action have legal merit, but nevertheless acknowledge that Columbia would continue to assert legal and factual defenses to such claims. With the informed understanding—based on the representations of Columbia—and recognition that further litigation in the Action would only deplete any potential recovery for the Plaintiff Parties, and thereby reduce the amount of funds that could be used for the benefit of the Settlement Class, and considering that the Settlement would eliminate the burden, expense, and risk of further litigation, the Plaintiff Parties believe that the terms of the Settlement are fair, reasonable, adequate and in the best interest of the Settlement Class. 9.3 This Agreement, whether or not consummated, and any proceedings taken thereto: (a) Shall not be offered or received against any of the Released Persons as evidence of, or construed as or deemed to be evidence of, any presumption, concession, or admission by any of the Released Persons with respect to the truth of any fact alleged in the Action by Plaintiffs or any Settlement Class Member or the validity of any claim or defense that has been or could have been asserted in the Action or in any action, or of any liability, negligence, fault, or wrongdoing of any of the Released Persons; (b) Shall not be offered or received against any Plaintiff Party or any Settlement Class Member as evidence of, or construed as or deemed to be evidence of, any presumption, concession, or admission by any Plaintiff Party or any Settlement Class Member with respect to the truth, strength, or merit of any claim or defense that has been or could have been asserted in the Action or in any action, or with respect to any liability, negligence, fault, or wrongdoing of the Released Persons, or with respect to any alleged infirmity in the claims of Plaintiffs and the Settlement Class; nor (c) Shall not be offered or received against any Party to the Action as evidence of a presumption, concession, or admission with respect to any liability, negligence, fault, or wrongdoing, or in any way referred to for any other reason, in any other civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of this Agreement; provided, however, that if the Settlement is approved by the Court, the Parties hereto may refer to the Agreement to effectuate its terms or in any action to effectuate the Settlement.

No Admission of Wrongdoing or Liability. 9.1 Defendants have denied, and continue to deny, that they committed any violation of law or of their contractual obligations or engaged in any of the wrongful acts alleged against them in the Action. Defendants are entering into this Agreement solely because the proposed Settlement would eliminate the burden, expense and risk of further litigation. 9.2 The Plaintiff Parties contend that they brought the Action against Columbia in good faith and that the claims asserted against Columbia in the Action have legal merit, but nevertheless acknowledge that Columbia would continue to assert legal and factual defenses to such claims. With the informed understanding—based on the representations of Columbia—and recognition that further litigation in the Action would only deplete any potential recovery for the Plaintiff Parties, and thereby reduce the amount of funds that could be used for the benefit of the Settlement Class, and considering that the Settlement would eliminate the burden, expense, and risk of further litigation, the Plaintiff Parties believe that the terms of the Settlement are fair, reasonable, adequate and in the best interest of the Settlement Class. 9.3 11.1 This Agreement, whether or not consummated, any communications and negotiations relating to this Agreement or the Settlement, and any proceedings taken theretopursuant to the Agreement: (a) Shall shall not be offered or received against any of the Released Persons ReproSource as evidence of, of or construed as or deemed to be evidence of, of any presumption, concession, or admission by any of the Released Persons ReproSource with respect to the truth of any fact alleged in the Action by any Plaintiffs or any Settlement Class Member or the validity of any claim that has been or could have been asserted in the Action or in any litigation, or the deficiency of any defense that has been or could have been asserted in the Action or in any actionlitigation, or of any liability, negligence, fault, breach of duty, or wrongdoing of any of the Released PersonsReproSource; (b) Shall shall not be offered or received against any Plaintiff Party or any Settlement Class Member ReproSource as evidence of, or construed as or deemed to be evidence of, any of a presumption, concession, concession or admission by any Plaintiff Party or any Settlement Class Member with respect to the truth, strength, or merit of any claim fault, misrepresentation or defense that has been or could have been asserted in the Action or in any action, or omission with respect to any liability, negligence, fault, statement or wrongdoing of the Released Persons, written document approved or with respect to any alleged infirmity in the claims of Plaintiffs and the Settlement Class; normade by ReproSource; (c) Shall shall not be offered or received against any Party to the Action ReproSource as evidence of a presumption, concession, concession or admission with respect to any liability, negligence, fault, breach of duty, or wrongdoing, or in any way referred to for any other reasonreason as against ReproSource, in any other civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of this Agreement; provided, however, that if the Settlement this Agreement is approved by the Court, the Parties hereto may refer to the Agreement to effectuate its terms or in any action it to effectuate the Settlementliability protection granted them hereunder; (d) shall not be construed against ReproSource as an admission or concession that the consideration to be given hereunder represents the relief that could be or would have been awarded after trial; and (e) shall not be construed as or received in evidence as an admission, concession or presumption against the Class Representatives or any Class Member that any of their claims are without merit, or that any defenses asserted by ReproSource have any merit.

No Admission of Wrongdoing or Liability. 9.1 Defendants have denied, and continue to deny, that they committed any violation of law or of their contractual obligations or engaged in any of the wrongful acts alleged against them in the Action. Defendants are entering into this Agreement solely because the proposed Settlement would eliminate the burden, expense and risk of further litigation. 9.2 The Plaintiff Parties contend that they brought the Action against Columbia in good faith and that the claims asserted against Columbia in the Action have legal merit, but nevertheless acknowledge that Columbia would continue to assert legal and factual defenses to such claims. With the informed understanding—based on the representations of Columbia—and recognition that further litigation in the Action would only deplete any potential recovery for the Plaintiff Parties, and thereby reduce the amount of funds that could be used for the benefit of the Settlement Class, and considering that the Settlement would eliminate the burden, expense, and risk of further litigation, the Plaintiff Parties believe that the terms of the Settlement are fair, reasonable, adequate and in the best interest of the Settlement Class. 9.3 11.1 This Agreement, whether or not consummated, any communications and negotiations relating to this Agreement or the Settlement, and any proceedings taken theretopursuant to the Agreement: (a) Shall shall not be offered or received against any of the Released Persons Forefront as evidence of, of or construed as or deemed to be evidence of, of any presumption, concession, or admission by any of the Released Persons Forefront with respect to the truth of any fact alleged in the Action by any Plaintiffs or any Settlement Class Member or the validity of any claim that has been or could have been asserted in the Action or in any litigation, or the deficiency of any defense that has been or could have been asserted in the Action or in any actionlitigation, or of any liability, negligence, fault, breach of duty, or wrongdoing of any of the Released PersonsForefront; (b) Shall shall not be offered or received against any Plaintiff Party or any Settlement Class Member Forefront as evidence of, or construed as or deemed to be evidence of, any of a presumption, concession, concession or admission by any Plaintiff Party or any Settlement Class Member with respect to the truth, strength, or merit of any claim fault, misrepresentation or defense that has been or could have been asserted in the Action or in any action, or omission with respect to any liability, negligence, fault, statement or wrongdoing of the Released Persons, written document approved or with respect to any alleged infirmity in the claims of Plaintiffs and the Settlement Class; normade by Forefront; (c) Shall shall not be offered or received against any Party to the Action Forefront as evidence of a presumption, concession, concession or admission with respect to any liability, negligence, fault, breach of duty, or wrongdoing, or in any way referred to for any other reasonreason as against Forefront, in any other civil, criminal, or administrative action or proceeding, other than such proceedings as may be necessary to effectuate the provisions of this Agreement; provided, however, that if the Settlement this Agreement is approved by the Court, the Parties hereto may refer to the Agreement to effectuate its terms or in any action it to effectuate the Settlementliability protection granted them hereunder; (d) shall not be construed against Forefront as an admission or concession that the consideration to be given hereunder represents the relief that could be or would have been awarded after trial; and (e) shall not be construed as or received in evidence as an admission, concession or presumption against the Class Representatives or any Settlement Class Member that any of their claims are without merit, or that any defenses asserted by Forefront have any merit.