Named Plaintiffs’ Release. In addition to the releases made by Plaintiffs and the members of the Settlement Class above, Plaintiffs Xxxxxxx, Dixon, Powell, and Polcare, including each and every one of their respective agents, representatives, attorneys, heirs, assigns, or any other person acting on their behalf or for their benefit, and any person claiming through them, makes the additional following general release of all claims, known or unknown, in exchange and consideration of the Settlement set forth in this Agreement. These named Plaintiffs agree to a general release of the Target Releasees from all claims, demands, rights, liabilities, grievances, demands for arbitration, and causes of action of every nature and description whatsoever, known or unknown, pending or threatened, asserted or that might have been asserted, whether brought in tort or in contract, whether under state or federal or local law.
Named Plaintiffs’ Release. As consideration for this Agreement, as of the date of payment of the Incentive Awards, the Named Plaintiffs, including each and every one of their respective agents, representatives, attorneys, heirs, assigns, or any other person acting on their behalf or for their benefit hereby generally release and discharge Released Parties from any and all claims, demands, rights, causes of action, compensatory and punitive damages, attorneys’ fees, costs, debts, or liabilities which they now have, or had at any time prior to and through the date of this release.
Named Plaintiffs’ Release. Upon entry of the Final Order and Judgment, Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge defendants Provide Commerce, Inc. and Regent Group, Inc., and each of their respective direct or indirect parents, wholly or majority owned subsidiaries, affiliated and related entities, predecessors, successors and assigns, partners, privities, and any of their present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent as of the date the Parties execute this Settlement Agreement. In addition, Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: “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 fully understand that the facts in existence at the time this Settlement Agreement is executed may be different from the facts now believed by Named Plaintiffs and their Counsel to be true and expressly accept and assume the risk of this possible difference in facts and agree that this Settlement Agreement remains effective despite any difference in fact. Further, Named Plaintiffs agree that this waiver is an essential and material term of this release and the Settlement Agreement that underlies it and that without such waiver the Settlement Agreement would not have been accepted or agreed to.
Named Plaintiffs’ Release. Named Plaintiff and her respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns release and discharge Defendants and all of their former and/or present parents, subsidiaries, and affiliates and each of their respective officers, directors, managers, owners, executives, partners, employees, shareholders, agents, attorneys, and any other successors, predecessors, assigns, or legal representatives (collectively, “Releasees”), from all claims arising out of or related to Named Plaintiff’s employment with any of the Defendants, including but not limited to the claims alleged in the Action, as well as any potential claims which could have been alleged in the Action based on the facts asserted in the Action or which are reasonably related to the claims in the Action, arising during the Class Period, including state wage and hour claims, claims for wages, fees, overtime, double time, minimum wage, on-duty meal periods, off- duty meal periods, off-duty rest periods, meal break penalties, rest break penalties, timely payment violations, accurate and complete wage statements violations, failure to furnish employee file and payroll records, and wages and all claims under the PAGA based on the foregoing. This release includes but is not limited to claims alleging violations of Labor Code §§ 201, 201.3, 202, 203, 204, 210, 212, 218.5, 218.6, 226, 226.3, and 226.7, et seq.; Labor Code §§ 510, 512, 558, et seq.; Labor Code §§ 1194, 1197.1, 1198, 1198.5, 1199, et seq.; Labor Code §§ 2698 et seq. (i.e., any PAGA claims); sections 3, 9, 11, and 12 of the applicable IWC Wage Order; 8 Cal. Code Regs. §§ 2, 3, 9881, 9881.1, 11050, et seq.; Bus. & Profs. Code § 17200-05, et seq.; and interest/costs pursuant to Civ. Code § 3289 and Code Civ. Proc. §§ 1021.5, and 1032. Named Plaintiff’s Release does not extend to any claims or actions to enforce this Settlement Agreement, or to any claims for vested benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside of the Class Period. Named Plaintiff acknowledges that she may discover facts or law different from, or in addition to, the facts and law that Named Plaintiff now knows or believes to be true but agrees, nonetheless, that Named Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or the Named Plaintiff’s discovery of them.
Named Plaintiffs’ Release. In addition to the releases made by members of the Settlement Class, Xxxxxxxx Xxxxxx, Xxxxx Xxxxx, and Xxx Xxxxxxx make the additional following general release of all claims, known or unknown, in exchange and consideration of the payments set forth above. These named Plaintiffs agree to a general release of Released Parties from all claims, demands, rights, liabilities, grievances, demands for arbitration, and causes of action of every nature and description whatsoever, known or unknown, pending or threatened, asserted or that might have been asserted, whether brought in tort or in contract, whether under state or federal or local law. This general release includes all employment-related and non- employment-related claims, whether known or unknown, arising during the Class Period. Except as otherwise specifically provided under this Settlement Agreement, the named Plaintiffs expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, which states: 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.
