Exclusive Remedy, Dismissal of Action and Jurisdiction of Court. All Settlement Class Members who do not properly file a timely written Request for Exclusion from the Settlement Class submit to the jurisdiction of the Court and will be bound by the terms of this Settlement Agreement, including, without limitation, the Release set forth herein. This Settlement Agreement sets forth the sole and exclusive remedy for any and all pending or future claims of Settlement Class Members, other Claimants, and the Releasing Parties against Generac and the Released Parties arising from or related to the Class Generators as set forth above. Upon entry of the Final Approval Order, each Settlement Class Member who has not validly and timely opted out of the Settlement Class and any Person that has made or can or is entitled to make a claim through or in the name or right of a Settlement Class Member shall be barred from initiating, asserting, continuing, or prosecuting any such claims against Generac or any Released Party.
Exclusive Remedy, Dismissal of Action and Jurisdiction of Court. All Settlement Class Members who do not properly file a timely written Request for Exclusion from the Settlement Class submit to the jurisdiction of the Court and will be bound by the terms of this Agreement, including, without limitation, the Release set forth herein. This Agreement sets forth the sole and exclusive remedy for any and all pending or future claims of Settlement Class Members or other Claimants against NIBCO and the Released Parties arising from the alleged failure of the Covered Products as set forth above. Upon entry of the Final Approval Order, each Settlement Class Member who has not validly and timely opted out of the Settlement Class and any Person that has made or can or is entitled to make a claim through or in the name or right of a Settlement Class Member shall be barred from initiating, asserting, continuing, or prosecuting any such claims against NIBCO and any Released Party. Upon the Effective Date, the cases comprising the Litigation will be dismissed with prejudice.
Exclusive Remedy, Dismissal of Action and Jurisdiction of Court. All members of the Settlement Class who do not properly file a timely and valid written Request for Exclusion from the Settlement Class submit to the jurisdiction of the Court and will be bound by the terms of this Agreement, including, without limitation, the Release set forth herein. This Agreement sets forth the sole and exclusive remedy for any and all pending or future claims of Settlement Class Members or other Claimants against Bow and the Released Parties arising from any alleged failure of the Covered Products as set forth above. Upon entry of the Final Approval Order, each Settlement Class Member who has not validly and timely opted out of the Settlement Class and any Person that has made or can or is entitled to make a claim through or in the name or right of a Settlement Class Member shall be barred from initiating, asserting, continuing, or prosecuting any such claims against Bow and any Released Party. Upon the Effective Date, the case comprising the Litigation will be dismissed with prejudice.
