Defendants’ Release. Effective upon receipt of the Settlement Payment by KCC, Defendant, on behalf of itself, and its respective assigns, attorneys, insurers, beneficiaries, employees, officers, directors, shareholders, direct and indirect parents, subsidiaries, parties, affiliates, partners, legal and equitable owners, members, predecessors in interest, successors in interest, heirs, executors, administrators, trustees, representatives and spouses that it has the ability to bind, solely in their capacity as such, hereby releases and forever discharges the Plaintiffs, their respective predecessors, successors, heirs, executors, administrators, and assigns, all of their past and present, direct and indirect parents, subsidiaries, affiliates, shareholders, members, partners, legal and equitable owners, and all of their respective past and present attorneys, accountants, insurers, beneficiaries, employees, officers, directors, managers and representatives from any and all present, past, or future claims, demands, debts, losses, offsets, obligations, warranties, costs, expenses, rights of action, judgment reduction, and causes of action of every kind and nature whatsoever, whether based on contract, tort, statutory, or other legal or equitable theory of recovery, whether known or unknown, suspected or unsuspected, existing, or claimed to exist, and whether arising in the past or future, respecting Defendant’s Shareholder Transfers that are the subject matter of this litigation. The foregoing release does not include, inter alia, the matters set forth in Paragraph 4.d or claims or rights arising out of or seeking to enforce this Agreement.
Defendants’ Release. Each of the Defendants, on behalf of itself or himself, and on behalf of its or his respective agents, officers, directors, employees, affiliates, predecessors and attorneys, and any persons or entities acting by, through, under, or in concert with any of them, hereby releases and forever discharges each of the Plaintiffs, and their respective agents, officers, directors, employees (including, without limitation, Carmxx Xxxxxx), xffiliates, predecessors and attorneys, and any persons acting by, through, under, or in concert with any of them, of and from any and all manner of action, actions or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, losses, damages, costs, or expenses, whether or not now known, claimed or suspected, fixed or contingent, which any of the Defendants now has, owns or holds, or at any time heretofore had, owned or held or ever claimed to have had, owned or held or may hereafter have, own or hold, based upon or arising from any matter, cause, fact, thing, act or omission whatsoever occurring or existing at any time to and including the date hereof, including, without limitation, the matters set forth or which could have been set forth in the Actions, and matters arising from or relating to the Defendants' capacity as shareholders of OSI, including, without limitation, rights in derivative actions, provided, that this Release does not release and discharge the Plaintiffs from their respective obligations, agreements, acknowledgments, representations and warranties under this Agreement or the exhibits hereto.
Defendants’ Release. Defendants shall and do release, discharge, and covenant not to sue the CDFA, CDFW, State of California, or any of their employees, including each and every constituent agency, board, department, office, commission, fund, or other entity thereof, and successors and assigns of each and every constituent of the State of California, for any and all claims or causes of action, of every kind and nature whatsoever, in law and in equity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, which arise out of or are related to the Action or the administrative or investigative actions that preceded it.
Defendants’ Release. As a material inducement to Plaintiff to enter into this Agreement, Defendants and their respective successors, assigns, agents, employees, representatives, attorneys and accountants, irrevocably and unconditionally release, acquit and forever discharge Plaintiff, as well as each of Plaintiff’s agents, attorneys and accountants (hereafter collectively, “Plaintiff and her Releasees”), from any and all charges, claims, liabilities, obligations, promises, agreements, damages, actions, causes of action, suits, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected (collectively, “Claims”), including, but not limited to, all Claims arising from or relating to any matters which are or could have been asserted by Defendants and their respective successors, assigns, agents, employees, representatives, attorneys and accountants, arising out of or related to (a) the Lawsuit; (b) Plaintiff’s dealings with or contacts with Defendants and their respective successors, assigns, agents, employees, representatives, attorneys and accountants; and (c) any matters which are or could have been asserted by Defendants and their respective successors, assigns, agents, employees, representatives, attorneys and accountants in the Lawsuit. Nothing contained herein, however, shall be deemed to release Plaintiff from any breach of this Agreement or any material misrepresentation or omission in this Agreement.
Defendants’ Release. Of APS&EE Defendants, by this Agreement, waive all rights to institute any form of legal action against APS&EE, its shareholders, directors, members, officers, employees, attorneys, experts, successors and assignees for actions or statements made or undertaken, whether in the course of investigating claims or seeking enforcement of Proposition 65 against Defendants in this matter. If any Released Party should institute any such action, then APS&EE’s release of said Released Party in this Agreement shall be rendered void and unenforceable.
Defendants’ Release. Pursuant to the Judgment, without further action by anyone, upon the Effective Date of the Settlement, Defendants, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, and assigns in their capacities as such, shall be deemed to have, and by operation of law and of the judgment shall have, fully, finally and forever compromised, settled, released, resolved, relinquished, waived and discharged all Released Defendants’ Claims against Lead Plaintiffs and the other Plaintiffs’ Releasees, and shall forever be barred and enjoined from prosecuting any or all of the Released Defendants’ Claims against any of the Plaintiffs’ Releasees. This release shall not apply to any person or entity who or which submits a request for exclusion from the Settlement Class that is accepted by the Court. Notwithstanding the above Releases, nothing in the Judgment shall bar any action by any of the Parties to enforce or effectuate the terms of this Settlement Agreement or the Judgment.
Defendants’ Release. By operation of the entry of the Final Approval Order and Judgment, the Defendants mutually release each other, their successors, assigns, agents, officers, employees, representatives, insurers, and attorneys, and all persons acting by, through, under or in concert with any of them, including any party that was or could have been named as a cross-claim defendant in the Case from any and all past and present matters, claims, demands, and causes of action of any kind whatsoever, federal or state, whether at common law, pursuant to statute, ordinance, or regulation, in equity or otherwise, which any Named Plaintiff or Class Member has or might have, known or unknown, of any kind whatsoever, including Unknown Claims, growing out of or in any way relating to the events underlying the Case, namely the 2014 and 2015 cyberattacks of OPM’s electronic information systems and the 2013 and 2014 cyberattacks of Peraton’s electronic information systems that are the subject of the Case.
Defendants’ Release. Upon the Effective Date of this Consent Decree, Defendants, on its 28 own behalf and on behalf of its current and former officers, directors, employees, members, and each of 1 their successors and assigns, and its agents, attorneys, and other representatives releases CSPA (and its 2 current and former officers, directors, employees, members, parents, subsidiaries, and affiliates, and 3 each of their successors and assigns, and its agents, attorneys, and other representatives) from, and 5 of attorneys, experts, and others), costs, expenses, or any other sum incurred or claimed or which could 6 have been claimed for matters associated with or related to CSPA’s Complaint up to the Effective Date.
Defendants’ Release. Defendants release the Class Representatives and their agents from any and all claims that Defendants had, now have, or may have, arising from the Lawsuit or related to the Class Representatives’ employment with Defendants arising on or before July 18, 2021.
Defendants’ Release. Effective upon the Final Settlement Date, Defendants, on behalf of themselves and their past and present parents, subsidiaries, affiliates, and each of their respective successors, assigns, legatees, and personal representatives (“Releasing Defendant Parties”) shall have released Settling Plaintiffs, Class Members, and each of their respective successors, assigns, legatees, heirs, and personal representatives (“Released Plaintiff Parties”), from all manner of action, causes of action, claims, demands, rights, suits, obligations, contracts, agreements, promises, liabilities, damages (including punitive or any other form of exemplary damages), charges, fines, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, asserted or unasserted, in law or equity, fixed or contingent from the beginning of time to the end of time, that constitute, are based on, relate to, or arise out of: (i) any of the acts, omissions, or other conduct that have or could have been alleged in the Consolidated Actions or alleged in the Consolidated Complaint; or (ii) the enrollment in, attendance at, or the payment of any tuition or fees by any Plaintiff or Class Member to CSL (“Released Defendant Claims”).
