Ownership of Released Claims. The Class Representative represents and warrants that he is the sole and exclusive owner of any and all claims that he is releasing under this Settlement Agreement. The Class Representative further acknowledges that he has not assigned, pledged, or in any manner whatsoever, sold, transferred, assigned, or encumbered any right, title, interest, or claim arising out of or in any way whatsoever pertaining to the BlueTEC Diesel Matter, including without limitation, any claim for benefits, proceeds, or value under the Action, and that the Class Representative is not aware of anyone other than himself claiming any interest, in whole or in part, in any benefits, proceeds or values to which the Class Representative may be entitled as a result of the Action or the BlueTEC Diesel Matter. Settlement Class Members submitting a Claim Form shall represent and warrant therein that they are the sole and exclusive owner of all claims that they are releasing under the Settlement Agreement and that they have not assigned, pledged, or in any manner whatsoever, sold, transferred, assigned, or encumbered any right, title, interest or claim arising out of or in any way whatsoever pertaining to the BlueTEC Diesel Matter, including without limitation, any claim for benefits, proceeds, or value under the Action or the BlueTEC Diesel Matter, and that such Settlement Class Members are not aware of anyone other than themselves claiming any interest, in whole or in part, in any benefits, proceeds, or values to which those Settlement Class Members may be entitled as a result of the Action or BlueTEC Diesel Matter
Ownership of Released Claims a. TLV, on behalf of itself and its agents, representatives, affiliated entities, successors and permitted assigns, represents and agrees that it has not heretofore assigned or transferred any of the Released Claims under Section 9 of this Agreement, or any portion thereof or interest therein. TLV agrees to indemnify, defend, and hold harmless Tropicana Entertainment against any and every claim, cause of action, demand, suit, damage or other charge of liability of any kind, at law, in equity or in arbitration or any other proceeding, of any kind or nature whatsoever (a “Claim”) based on, arising out of, or connected with any such transfers or assignments of any such Released Claims, or any portion thereof or interest therein.
b. Tropicana Entertainment, on behalf of itself and its agents, representatives, affiliated entities, successors and permitted assigns, represents and agrees that it has not heretofore assigned or transferred any of the Released Claims under Section 9 of this Agreement, or any portion thereof or interest therein. Tropicana Entertainment agrees to indemnify, defend, and hold harmless TLV against any Claim based on, arising out of, or connected with any such transfers or assignment of any such Released Claims, or any portion thereof or interest therein.
Ownership of Released Claims. Evergreen and MassDevelopment each represents and warrants that it is the sole owner and holder of its respective Released Claims and that it has full power and authority and has taken all necessary organizational action to duly authorize, execute, deliver and perform this Settlement Agreement.
Ownership of Released Claims. ViroPharma has not assigned any part of the claims subject to the settlement and releases provided for by ViroPharma in this Settlement Agreement, and no party that is not bound by this Settlement Agreement owns any interest in any of such claims.
Ownership of Released Claims. PCAS has not assigned any part of the claims subject to the settlement and releases provided for by PCAS in this Settlement Agreement, and no party that is not bound by this Settlement Agreement owns any interest in any of such claims.
Ownership of Released Claims. ISCO has not assigned any part of the claims subject to the settlement and releases provided for by ISCO in this Settlement Agreement, and no party that is not bound by this Settlement Agreement owns any interest in any of such claims.
Ownership of Released Claims. M&F has not assigned any part of the claims subject to the settlement and releases provided for by M&F in this Settlement Agreement, and no party that is not bound by this Settlement Agreement owns any interest in any of such claims.
Ownership of Released Claims. Each party hereby represents and warrants to the other party that such party is the sole and exclusive owner of the Claims being released by this Agreement (except from and to the extent the releasing party attempts to effectuate a release of Claims by third parties not signatory to this Agreement), that the releasing party has not conveyed or assigned any interest in such Claims to any person or entity, and, subject to the ability of the parties to release Claims by third parties not signatory to this Agreement, that such Claims have been fully and effectively released for all purposes. FH and Publico disclaim any representation or warranty as to its power or authority to release Claims of any third party.
Ownership of Released Claims. Each party represents and warrants that such party is the sole and lawful owner of all right, title and interest in and to all of the Released Claims of such party, and that they have made no assignment, sale or other disposition, voluntarily, by operation of law, or otherwise, of any Released Claim or any part or portion thereof.
Ownership of Released Claims. Each of the Parties warrants that it has not assigned or transferred to any other person or entity, in any manner, including by way of subrogation or operation of law or otherwise, all or any portion of any claim, demand, right, action, or cause of action that it had, has or might have arising out of the matters released in this Final Settlement Agreement nor any portion of any recovery or settlement to which it might be entitled. In the event that any claim, demand, or suit should be made or instituted against any Party released in this Final Settlement Agreement by reason of any undisclosed assignment, subrogation or transfer, then the Party from whom such purported assignment, subrogation or transfer was made shall fully indemnify and hold every other Party harmless against such claim, demand, or suit and shall pay and satisfy any such claim, demand, or suit and any expenses of investigation, attorney’s fees and costs incurred in the defense of such claim, demand or suit.
