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. Upon entry of the Final Approval Order by the Court, the Plans, Plaintiffs and each Class Member and their respective heirs, beneficiaries (including Associated Beneficiaries), Alternate Payees, fiduciaries, trustees, executors, administrators, estates, past and present partners, agents, attorneys, predecessors, successors, participants, and assigns will be deemed to forever release and discharge the Released Parties from any and all of the Released Claims, .
Class Release. Upon the Effective Date of this Agreement, the CPC Releasees shall be released and forever discharged by the Class Representative, the Settlement Class, and each Settlement Class Member from all Released Claims. The Settlement Class and each Settlement Class Member covenant and agree that they shall not hereafter seek to establish liability against any CPC Releasee based, in whole or in part, on any of the Released Claims. The Class Representatives, the Settlement Class, and each Settlement Class Member further expressly waive and relinquish any and all rights which they may have under Section 1542 of the California Civil Code or any similar statute of the United States. Section 1542 reads as follows: The Class Representative, the Settlement Class, and each Settlement Class Member may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of the Released Claims, but the Class Representative, the Settlement Class, and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Order of Final Approval shall have, nevertheless, fully, finally, and forever waived, settled and released any and all Released Claims, regardless of such subsequent discovery of additional or different facts.
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).
4.3.2. As of the Effective Date of the Settlement, all Class Members, and anyone claiming by, through and/or on behalf of any of them, will be forever barred and enjoined from prosecuting any action against the Settling Defendants asserting any and/or all Released Claims.
4.3.3. The Non-Louisiana Subclass will exclude from its release of InEx Chinese Drywall claims against InEx to the extent that such claims exceed $8,000,000 but are less than the Available Insurance Limits (the “Non- Released Claims,” as defined above).
4.3.3.1. InEx will make the Assignment of Insurance to the Non- Louisiana Sub-class for all rights InEx has to excess insurance coverage for the Non-Released Claims.
4.3.3.2. The Non-Louisiana Subclass will (a) dismiss the Non-Released Claims without prejudice, (b) covenant not to xxx InEx for any of the Non-Released Claims, and (c) covenant not to xxx InEx to collect from InEx, or to seek to execute against InEx, any settlements of or judgments for Non-Released Claims.
4.3.4. The execution of the Settlement shall not be construed as a release of any claims the Class Members may have against any person and/or entity other than the Settling Defendants. All Class Members reserve all claims (including, but not limited to, any and all rights and causes of action, no matter how arising, under any ordinance, code, law, statute, federal or state, pending or dismissed, known or unknown) against any person and/or entity other than the Settling Defendants named, or who could have been named, in the Related Actions.
4.3.5. Except for any obligations that one or more of the Insurers may have to a Builder C...
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”):
1. Any and all claims, causes of action, demands, rights, liabilities, expenses and losses of every nature and description whatsoever that arise from, relate to, are connected in any way to, could have been raised or asserted, touch or concern any of the facts, claims, conduct, or circumstances in the Complaint, or any conduct, facts or circumstances emanating from or as a result of the Complaint, that any of the Releasing Persons have, might have, or might have had against any of the Released Parties at any time prior to and through the Class Period based on the facts, claims, or allegations in the Complaint or any conduct, facts or circumstances emanating from or as a result of the Complaint, whether in tort, contract, or for violation of any state constitution, state, rule or regulation, including state wage and hour laws, whether for economic damages, wages, non-economic damages, restitution, penalties or liquidated damages, arising out of, relating to, or bearing any connection to any of the facts, conduct, circumstances, or legal claims in the Complaint, including but not limited to those alleged, pled or could have been alleged or pled in the Complaint, based upon the factual allegations therein or resulting therefrom. These released claims include, but are not limited to, any claims in connection with, relating to or arising out ...
Class Release. By operation of the entry of the Final Approval Order, except as to such rights or claims as may be created by this Agreement, each Class Member who does not opt out of the Agreement pursuant to Section 5(A), on his or her behalf and on behalf of his or her respective, current, former and future heirs, spouses, executors, administrators, agents, and attorneys, forever and fully releases ShopKeep, Inc. and Lightspeed Commerce USA Inc. from the Released Class Claims.
Class Release. As of the Effective Date, the Settlement and this Agreement will constitute a full and final settlement, release, and waiver by each and all members of the Settlement Class of the Released Claims against any Released Party. For the purposes of this Settlement, “
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.
