Common use of Plaintiffs’ Claims Clause in Contracts

Plaintiffs’ Claims. Plaintiff asserts that Defendant’s defenses are without merit. Neither 13 this Agreement nor any documents referred to or contemplated herein, nor any action taken to carry 14 out this Agreement is, may be construed as, or may be used as an admission, concession or indication 15 by or against Plaintiff, Class Members, or Class Counsel as to the merits of any claims or defenses 16 asserted, or lack thereof, in the Action. However, in the event that this Settlement is finally approved 17 by the Court, the Plaintiff, Class Members, and Class Counsel will not oppose Defendant’s efforts to 18 use this Agreement to prove that Plaintiff and Participating Class Members have resolved and are 19 forever barred from re-litigating the Released Claims.

Plaintiffs’ Claims. Plaintiff asserts that Defendant’s defenses are without merit. Neither 13 16 this Agreement nor any documents referred to or contemplated herein, nor any action taken to carry 14 17 out this Agreement is, may be construed as, or may be used as an admission, concession or indication 15 18 by or against Plaintiff, Class Members, or Class Counsel as to the merits of any claims or defenses 16 19 asserted, or lack thereof, in the Action. However, in the event that this Settlement is finally approved 17 20 by the Court, the Plaintiff, Class Members, and Class Counsel will not oppose Defendant’s efforts to 18 21 use this Agreement to prove that Plaintiff and Participating Class Members have resolved and are 19 22 forever barred from re-litigating the Released Claims.