Class Release. As of the Final Effective Date, except for the obligations and rights created by this Agreement, the Releasing Parties hereby release and absolutely and forever discharge Defendant and all Released Parties from any and all Released Claims. The Final Approval Order shall include this release.
Class Release. 5.1.1 As Other Releasees, USG and L&W shall be full beneficiaries of the release provided in Section 5.2
Class Release. Effective upon final approval, representative plaintiffs, for themselves and as the representatives of the class, and on behalf of each class member who has not timely opted out and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, shall have fully and finally released with prejudice all released claims against the released parties.
Class Release i. As of the Effective Date, and with the approval of the Court, all Class Members, and anyone claiming by, through and/or on behalf of any of them, hereby fully, finally, and forever release, waive, discharge, surrender, forego, give up, abandon, and cancel any and all Released Claims (as defined in Section VI.A.) against the Released Parties, including (but not limited to) those asserted, or that could have been asserted.
Class Release. By operation of the entry of the Final Approval Award, as confirmed by the Court, except as to rights or claims as may be created by this Agreement, each Participating Class Member forever and fully releases the Released Parties from the Released Class Claims. All Settlement Checks to Participating Class Members shall also contain, on the back of the check, a limited endorsement substantially similar to the release for Participating Collective Members, as set forth in Section 11.1.
Class Release. “Released Claims” means, subject to Court approval, the following release: each member of the Settlement Class, who has not opted out from the Settlement Class, hereby agrees, individually and on behalf of their heirs, estates, trustees, executors, administrators, representatives, agents, successors, assigns, and any one claiming through him, her, or them, or acting or purporting to act on his, her or their behalf, to forever release, discharge hold harmless and covenant not to sue each and all of the Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, premium pay, guarantees, costs, expenses, attorney’s fees, damages, actions or causes of action of whatever kind or nature, whether know or unknown, contingent or accrued under any legal theory for any and all claims that arose during the Class Period and were alleged or could have been alleged in the Action based on the facts or claims alleged in the Action or in Plaintiff’s letters to the LWDA. Without limiting the foregoing, and in addition to the foregoing, the released claims include claims for any alleged failure to pay all business expense reimbursement, wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off the clock and regular rate violations), failure to provide meal and rest breaks, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to timely pay wages and final wages and waiting time penalties, failure to furnish accurate wage statements, including claims derivative and/or related to these claims, liquidated damages, and conversion of wages, up to and including the date of preliminary approval by the Court. This Release shall include all claims and theories arising under applicable regulations Labor Code sections, including without limitation, §§ 201, 202, 203, 204, 226, 226.7, 510, 512(a), 516, 558, 1194,1194.2, 1197, 1198, Wage Orders and state and federal wage and hour law, as well as claims under Business and Professions Code section 17200 and/or Labor Code section 2698 based on violations of the above Labor Code Provisions. This release shall apply to all claims arising at any point during the Class Period.
Class Release. Upon the Effective Date, and except as to such rights or claims as may be created by this Settlement Agreement, Plaintiff and all Settlement Class Members fully release and discharge the Released Parties from any and all claims, debts, wages, liabilities, demands, obligations, guarantees, costs, expenses, attorneys’ fees, restitution, injunctive relief, actions, or causes of action arising under California law that were pled in the Complaint, or that could have been pled in the Complaint, based on the factual allegations contained in the Complaint, including, but not limited to, any such claims for wage-statement violations; meal-period violations, rest-period violations, and associated premium pay; interest; “waiting-time” penalties, violations of California Labor Code sections 201–04, 226(a), 226.7, 510, 512(a), 1174(d), 1194, 1197, 1197.1, 1198, 2800, and 2802; and claims pursuant to California Business & Professions Code section 17200, et seq. and California Labor Code section 2698 et seq. that arose during the Settlement Period (“Released Claims”). The Released Claims expressly exclude all disability claims, workers’ compensation claims, and claims outside the Settlement Period.
Class Release. Effective as of the Final Effective Date, and in exchange for the consideration provided pursuant to this Agreement, Plaintiff and each member of the Final Settlement Class and their respective heirs, attorneys, beneficiaries, devisees, legatees, executors, administrators, trustees, conservators, guardians, personal representatives, successors-in-interest and assigns (collectively, the “Releasing Persons”) hereby forever completely release and discharge Defendant and its direct and indirect subsidiaries and affiliates, and their past, present and future parents, affiliates, subsidiaries, divisions, predecessors, successors, partners, shareholders, joint ventures, affiliated organizations, insurers and assigns and each of their past, present and future officers, directors, trustees, agents, employees, attorneys, fiduciaries, contractors, representatives, partners, joint ventures, benefit plans sponsored or administered by them, divisions, units, branches and other persons or entities acting on their behalf (collectively, the “Released Parties”), from any and all of the following claims (collectively, the “Released Claims”):
Class Release. Subject to and effective upon entry of the Final Approval Order and Judgment, and contingent on Defendant’s payments of all sums due hereunder to the Class Administrator, all Class members including Plaintiff, except those who have been excluded from the Class by the Court, (“the Releasors”) for and in consideration of the terms and undertakings herein, the sufficiency and fairness of which are acknowledged, release and forever discharge Defendant and its affiliated entities, and their officers, directors, shareholders and employees, and their successors, representatives, agents, attorneys, and assigns (“Released Parties”) from any and all claims that were asserted or could have been asserted in this action for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., and any other federal law, state law, common law, contract, rule or regulation, or any claim for equitable or injunctive relief, whether known or unknown, foreseen or unforeseen, actual or contingent that arise out of or relate in any way to faxes by or on behalf of Defendant from July 28, 2011 through July 28, 2015 (“Released Claims”). The Class does not release claims regarding any other advertising faxes. Upon Defendant’s payments, by and through its insurer, MSA Insurance Company, of all sums due hereunder to the Class Administrator, the Releasors, and each of them, shall be deemed to have, and by operation of the Final Approval Order and Judgment, shall have fully, finally and forever released, relinquished, and discharged all Released Claims against the Released Parties and each of them. It is expressly understood and agreed by the Parties that any person or entity being released under this Agreement that is not a party to this Agreement is an intended third party beneficiary of this Agreement.
Class Release. 4.3.1. As of the Effective Date of the Settlement, and with the approval of the Court, all Class Members, and anyone claiming by, through and/or on behalf of any of them, hereby fully, finally, and forever release, waive, discharge, surrender, forego, give up, abandon, and cancel any and all Released Claims (as defined in Section 4.1) against the Settling Defendants and Released Parties, including (but not limited to) those asserted, or that could have been asserted, in the Litigation, the Related Actions, and/or the Related Claims. Nothing herein is intended to release, waive, discharge, surrender, forego, give up, abandon, and cancel any claims that a Builder Class Member has or may have against one or more of the Insurers under any insurance policy that is not one of the Arch Policies or the Liberty Policies (as defined in Sections 1.3 and 1.17).
