ANY GOVERNMENTAL ENTITY OR PARTY, ANY
ENTITY SUCCEEDING TO ITS FUNCTIONS AND CAPABILITIES.
14.6.4
INCLUSIVE REFERENCES.
WHEN USED HEREIN, THE WORDS "INCLUDE,"
"INCLUDES," AND "INCLUDING" SHALL NOT BE LIMITING AND SHALL BE DEEMED IN ALL
INSTANCES TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION."
15.
MISCELLANEOUS
15.1
NOTICES.
ALL NOTICES, DEMANDS AND OTHER COMMUNICATIONS BETWEEN OR
AMONG ANY OF THE PARTIES HEREUNDER SHALL BE IN WRITING AND SHALL BE DEEMED TO
HAVE BEEN DULY GIVEN:
(I) WHEN PERSONALLY DELIVERED; (II) UPON ACTUAL RECEIPT
(AS ESTABLISHED BY CONFIRMATION OF RECEIPT OR OTHERWISE) DURING NORMAL BUSINESS
HOURS, OTHERWISE ON THE FIRST (1ST) BUSINESS DAY THEREAFTER, IF TRANSMITTED BY
FACSIMILE OR TELECOPIER WITH CONFIRMATION OF RECEIPT; (III) ON THE DATE OF
RECEIPT WHEN MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE
PREPAID; OR (IV) ON THE DATE OF RECEIPT WHEN SENT BY OVERNIGHT COURIER; IN EACH
CASE, TO THE INDIVIDUALS AND ADDRESSES SET FORTH IN EXHIBIT E, OR TO SUCH OTHER
ADDRESSES AS A PARTY MAY FROM TIME TO TIME SPECIFY BY NOTICE TO THE OTHER
PARTIES GIVEN PURSUANT TO THIS SECTION 15.1.
EMAIL ADDRESSES ARE PROVIDED FOR
CONVENIENCE ONLY AND DO NOT CONSTITUTE NOTICE.
15.2
SUCCESSORS AND ASSIGNS.
THIS AGREEMENT SHALL BE BINDING UPON AND
INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE PERMITTED
SUCCESSORS AND ASSIGNS AND IN THE CASE OF ANY GOVERNMENTAL PARTY, ANY ENTITY
SUCCEEDING TO ITS FUNCTIONS AND CAPABILITIES.
15.3
NO THIRD-PARTY BENEFICIARIES; NO ADMISSIONS.
THIS AGREEMENT IS NOT
INTENDED TO CONFER UPON ANY PERSON OR ENTITY THAT IS NOT A PARTY OR AN OPT-IN
PARTICIPANT ANY RIGHTS OR REMEDIES HEREUNDER, AND NO ONE, OTHER THAN A PARTY OR
AN OPT-IN PARTICIPANT, IS ENTITLED TO RELY ON ANY REPRESENTATION, WARRANTY,
COVENANT, RELEASE, WAIVER OR AGREEMENT CONTAINED HEREIN.
MOREOVER, EXCEPT FOR
THE PURPOSE OF ENFORCING THE TERMS AND CONDITIONS OF THIS AGREEMENT AS BETWEEN
AND AMONG THE PARTIES AND THE OPT-IN PARTICIPANTS, NOTHING HEREIN SHALL
ESTABLISH ANY FACTS OR PRECEDENTS AS BETWEEN THE PARTIES, THE OPT-IN
PARTICIPANTS, AND ANY THIRD PARTIES AS TO THE RESOLUTION OF ANY DISPUTE.
EACH
SETTLING PARTICIPANT AND RELIANT PARTY EXPRESSLY DENIES ANY WRONGDOING OR
CULPABILITY WITH RESPECT TO THE CLAIMS AGAINST IT RELEASED IN THIS AGREEMENT, OR
ANY OTHER MATTER ADDRESSED IN THIS AGREEMENT, AND DOES NOT, BY EXECUTION OF THIS
AGREEMENT, ADMIT OR CONCEDE ANY ACTUAL OR POTENTIAL FAULT, WRONGDOING OR
LIABILITY IN CONNECTION WITH ANY FACTS OR CLAIMS THAT HAVE BEEN OR COULD HAVE
BEEN ALLEGED AGAINST IT WITH RESPECT THERETO.
NEITHER THIS AGREEMENT, NOR ANY
ACT PERFORMED OR DOCUMENT EXECUTED PURSUANT TO OR IN FURTHERANCE OF THIS
AGREEMENT:
(I) IS OR MAY BE DEEMED TO BE, OR MAY BE USED BY A
50
SETTLING PARTICIPANT OR A RELIANT PARTY AS, AN ADMISSION OF, OR EVIDENCE OF, THE
VALIDITY OF ANY RELEASED CLAIM, OR OF ANY WRONGDOING OR LIABILITY OF ANY OF THE
PARTIES OR OPT-IN PARTICIPANT; (II) IS OR MAY BE DEEMED TO BE, OR MAY BE USED BY
A SETTLING PARTICIPANT OR A RELIANT PARTY AS,