Covenants Not to Sue. 12.1. The Settlement Class Representatives covenant and agree: (i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any Released Claim, or the facts and circumstances relating thereto, against any of the Released Parties; (ii) not to organize or solicit the participation of Settlement Class Members, or persons who would otherwise fall within the definition of Settlement Class Member but who requested to be excluded from the Settlement, in a separate class for purposes of pursuing any action based on or relating to any Released Claim or the facts and circumstances relating thereto, against any of the Released Parties; and (iii) that the foregoing covenants and this Agreement shall be a complete defense to any Released Claim against any of the Released Parties.
Covenants Not to Sue. 8.1 The Class Representatives, on behalf of themselves and the Settlement Class Members, covenant and agree: (i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any Releasees; (ii) not to organize or solicit the participation of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class, but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any Releasees; and (iii) that the foregoing covenants and this Agreement shall be a complete defense to any of the Released Claims against any of the Releasees.
Covenants Not to Sue. 21. With respect to the Designated Properties and the Sites (including releases of hazardous substances from any portion of the Designated Properties and the Sites and all areas affected by natural migration of such substances from the Designated Properties and the Sites), including but not limited to the Not Owned Portions of the Xxxxxx Springs Site (including releases of hazardous substances from any portion of the Not Owned Portions of the Xxxxxx Springs Site and all areas affected by natural migration of such substances from the Site), and except as specifically provided in Section VII (Reservation of Rights), upon the Effective Date and Debtors’ full funding of all Custodial Trust Accounts as set forth in Subparagraph 10(e) of this Settlement Agreement (subject to any credit pursuant to Subparagraph 10(f)), the United States on behalf of US EPA and the States covenant not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Sections 106, 107 of CERCLA, 42 U.S.C. §§ 9606, 9607; RCRA §§7002, 7003, 42 U.S.C. § 6972, 6973; and any similar state law; or any liabilities or obligations asserted in the United States’ and States’ proofs of claim except as to the Separately Settled Matters. The State of New Mexico further covenants not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321. With respect to the Xxxx Xxx Site (including releases of hazardous substances from any portion of the Xxxx Xxx Site and all areas affected by natural migration of such substances from the Xxxx Xxx Site), the State of New Mexico further covenants not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Sections 106, 107 of CERCLA, 42 U.S.C. §§ 9606, 9607; the Resource Conservation and Recovery Act (“RCRA”) §§7002, 7003, 42 U.S.C. § 6972, 6973; and any similar state law; or any liabilities or obligations asserted in its proofs of claim and agrees that any liabilities to it under the Xxxx Xxx Stipulation are resolved and released.
22. Arizona has filed Proofs of Claim Nos. 10740, 10741, 10827-10830, 18227, and 18228 under environmental law. This Settlement Agreement and the Settlement Agreement Regarding Miscellaneous Federal and State Environmental Claims resolve upon th...
Covenants Not to Sue. Representative Plaintiffs and Class Members covenant and agree:
8.1.1 not to file, commence, prosecute, maintain, intervene in, or participate in (as parties, class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released Persons;
8.1.2 not to organize or solicit the participation of Class Members in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto; and
8.1.3 that the foregoing covenants and this Agreement shall be a complete defense to any of the Released Claims asserted against any of the Released Persons.
Covenants Not to Sue. (x) Summit hereby covenants never to sue xx threaten to sue XXXX or VISX's distributors, customers, or users and never to make any claim whatsoever against VISX or VISX's distributors, customers or users anywhere in the world, for any alleged infringement of any patent (whenever issued) which relates to a method or apparatus for laser ablation of corneal tissue, or for any alleged infringement of any patent owned by Summit as of the Effective Date and which relates to refractive correction of the eye, on the basis of the manufacture, use, offer to sell, sale, sublicense to customers or users, lease or other disposition of products that come within the claims of such patents; (b) VISX hereby covenants never to sue xx threaten to sue Xxxmit or Summit's distributors, customers, or users and never to make any claim whatsoever against Summit or Summit's distributors or customers, anywhere in the world, for any alleged infringement of any patent (whenever issued) which relates to a method or apparatus for laser ablation of corneal tissue, or for any alleged infringement of any patent owned by VISX as of the Effective Date and which relates to refractive correction of the eye, on the basis of the manufacture, use, offer to sell, sale, sublicense to customers or users, lease or other disposition of products that come within the claims of such patents.
Covenants Not to Sue. With respect to the Properties (including releases of Hazardous Substances from any portion of the Properties and all areas affected by migration of such substances emanating from the Properties), and except as specifically provided in Section VIII (Reservation of Rights and Regulatory Authority), upon the Effective Date and Debtors’ transfer of the Properties and full funding of the Environmental Response Trust Accounts as set forth in Paragraphs 30, 31 and 32 of this Settlement Agreement, the United States on behalf of U.S. EPA and the States and Tribe covenant not to sue or assert any administrative or other civil claims or causes of action against Debtors, any successor entity thereto, or the Environmental Response Trust and the Environmental Response Trust Protected Parties under CERCLA, RCRA, and State environmental statutes, as well as any other environmental liabilities asserted in the Government Proofs of Claim.
Covenants Not to Sue. Releasing Parties hereby irrevocably covenant that they will not, directly or indirectly: (i) commence, initiate, or cause to be commenced or initiated any proceeding, claim, or demand of any kind against Franchisor Released Parties based upon any Claims released under this Release Agreement; or (ii) assist or encourage any person or entity to investigate, inquire into, commence, initiate, or cause to be commenced or initiated any proceeding, claim, or demand of any kind against Franchisor Released Parties based upon any Claims released under this Release Agreement.
Covenants Not to Sue. 12.1 The Settlement Class Representatives covenant and agree:
(a) Not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any Released Claim against any of the Released Parties;
(b) Not to organize or solicit the participation of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action based on or relating to any Released Claim or the facts and circumstances relating thereto, against any of the Released Parties; and
(c) That the foregoing covenants and this Agreement shall be a complete defense to any Released Claim against any of the Released Parties.
Covenants Not to Sue. 23 1. Plaintiffs agree not to bring, assist any other person or entity in bringing, or join any other 24 person or entity in a new court proceeding alleging that EPA has violated ESA Section 7 pertaining to 25 the effects of products containing organophosphate and rodenticide active ingredients identified in 1 Claims Three, Five, Six, Seven, Fourteen, Sixteen, Twenty-Two, Twenty-Six, Twenty-Seven, Thirty- 2 One, Thirty-Four, or Thirty-Five of the Fourth Amended Complaint until after the completion of the 3 Biological Evaluations for these active ingredients, as specified above in Paragraphs I.A. and I.B. of this 5 they materially support, either by funding or providing legal assistance in, such litigation filed by 6 another person or entity, with the exceptions set forth below in Paragraph IV.D.5.
7 2. Plaintiffs agree not to bring, assist any other person or entity in bringing, or join any other 8 person or entity in a new court proceeding alleging that EPA has violated ESA Section 7 pertaining to 9 the effects of products containing the herbicide active ingredients identified in Claims Two, Thirteen, 10 Fifteen, Seventeen, Twenty, Twenty-One, Twenty-Three, Twenty-Four, Twenty-Five, Twenty-Eight, 11 Thirty-Two, and Thirty-Three of the Fourth Amended Complaint until nine months after the earlier of:
12 (1) issuance of the final Herbicide Strategy as specified above in Paragraph II.A. of this Agreement; or
Covenants Not to Sue. 4.1.1 The Releasing Parties COVENANT AND AGREE (i) not to file or maintain against any Released Parties or the Plan (including the Xxxxxxxxx Plan) any Released Claim released under Article 3 hereof; and (ii) that the covenants and agreements herein shall be a complete defense to any such Released Claims against any of the respective Released Parties and the Plan (including the Xxxxxxxxx Plan). Nothing in this Settlement Agreement precludes Settlement Class members from receiving any benefits under the terms of the Plan (including the Xxxxxxxxx Plan) to which they are otherwise entitled.
