General Release of Claims by Named Plaintiffs. In exchange for the consideration set forth in this Settlement Agreement, which includes consideration beyond which the Final Settlement Class Members will be entitled to receive before entering into this Settlement Agreement, the receipt and sufficiency of which is expressly acknowledged, in addition to releasing the Released Claims as set forth above, the Named Plaintiffs on behalf of themselves and their respective heirs, marital community, executors, administrators, attorneys, agents, representatives and assigns, does hereby and forever release, waive, acquit and discharge the Released Persons from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorneys’ fees of every kind and character, known or unknown, suspected or unsuspected, concealed or hidden, existing or contingent, latent or patent, including but not limited to the matters alleged in, arising from or related to the Named Plaintiffs’ employment with Defendants, the cessation of said employment or the filing, prosecution or defense of the Action (“the General Release”). It is the intention of Named Plaintiffs and Defendants that the General Release entered into by the Named Plaintiffs as a part of this Settlement Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, concealed or hidden. The Named Plaintiffs expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. The Named Plaintiffs specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Settlement Agreement.
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Samples: Settlement Agreement and Release of Claims, Settlement Agreement and Release of Claims
General Release of Claims by Named Plaintiffs. In exchange for the consideration set forth in this Settlement Agreement, which includes consideration beyond which the Final Settlement Class Members will be entitled to receive before entering into this Settlement Agreement, the receipt and sufficiency of which is expressly acknowledged, in addition to releasing the Released Claims as set forth above, the Named Plaintiffs on behalf of themselves and their respective heirs, marital community, executors, administrators, attorneys, agents, representatives and assigns, does hereby and forever release, waive, acquit and discharge the Released Persons from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorneys’ fees of every kind and character, known or unknown, suspected or unsuspected, concealed or hidden, existing or contingent, latent or patent, including but not limited to the matters alleged in, arising from or related to the Named Plaintiffs’ employment with Defendants, the cessation of said employment or the filing, prosecution or defense of the Action (“the General Release”). It is the intention of Named Plaintiffs and Defendants that the General Release entered into by the Named Plaintiffs as a part of this Settlement Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected, concealed or hidden. The Named Plaintiffs expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. The Named Plaintiffs specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Settlement Agreement.. WHY DO CLASS COUNSEL RECOMMEND THIS SETTLEMENT? Relative to the risks and costs of continuing the litigation, Class Counsel believe this settlement provides a favorable recovery which is in the best interests of the Class. Absent settlement, Plaintiffs would have to attempt to maintain class certification on the claims set forth in the Action over the strenuous opposition of SHCS and ResCare. Additionally, at trial, Plaintiffs would have the burden of proof to establish liability and the amount of damages. In Class Counsel's judgment, were this case to proceed, there is a risk of an adverse result both at the certification stage, at trial, and/or on appeal. The case involves many unresolved factual and 12332346v.1 legal issues, some of which could be decided against Plaintiffs at or before trial, and which would jeopardize Plaintiffs’ ability to certify a class or to obtain a favorable judgment and preserve it on appeal. In addition, settling the case now has the further advantage of avoiding the very substantial additional costs and delay that further litigation would involve. Absent settlement, it is likely the litigation would continue for years before Class Members receive a monetary recovery, if any. Given the costs involved in further litigation and the time-value of money, even if a favorable judgment were obtained at trial, it could well produce less net recovery to the Class Members than the present settlement. WHAT SHOULD YOU DO IF YOU DO NOT WANT TO PARTICIPATE IN THE SETTLEMENT? You can exclude yourself from the class by submitting a valid and timely request for exclusion if you don’t wish to participate in this settlement. (See Exhibit 1 attached hereto). That is, you must state that you want to be excluded. If you submit a valid and timely request for exclusion, you will have no rights under the Settlement, you may not object to the Settlement, you will not receive any money, and will not be bound by the Settlement Agreement or the Final Judgment which the Court enters to implement the settlement. WHAT YOU MUST DO IF YOU
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General Release of Claims by Named Plaintiffs. In exchange for the consideration set forth in this Settlement Agreement, which includes consideration beyond which the Final Settlement Class Members will be entitled to receive before entering into this Settlement Agreement, the receipt and sufficiency of which is expressly acknowledged, in addition to releasing the Released Claims as set forth above, the Named Plaintiffs and the Estate of Xxxxxxx Xxxx, on behalf of themselves and their respective heirs, marital community, executors, administrators, attorneys, agents, representatives and assigns, does hereby and forever release, waive, acquit and discharge the Released Persons from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs and attorneys’ fees of every kind and character, known or unknown, suspected or unsuspected, concealed or hidden, existing or contingent, latent or patent, including but not limited to the matters alleged in, arising from or related to the Named Plaintiffs’ employment with Defendants, the cessation of said employment or the filing, prosecution or defense of the Action (“the General Release”). It is the intention of Named Plaintiffs Plaintiffs, the Estate of Xxxxxxx Xxxx, and Defendants that the General Release entered into by the Named Plaintiffs as a part of this Settlement Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected. In furtherance of this intention, concealed the Named Plaintiffs and the Estate of Xxxxxxx Xxxx hereby expressly waive any and all rights or hiddenbenefits conferred upon them by the provisions of Section 1542 of the Civil Code, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Named Plaintiffs, the Estate of Xxxxxxx Xxxx, and Defendants hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the Civil Code was bargained for separately. The Named Plaintiffs and the Estate of Xxxxxxx Xxxx expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands and causes of action hereinabove specified. The Named Plaintiffs and the Estate of Xxxxxxx Xxxx specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Settlement Agreement.
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