Common use of Participating Class Members’ Release Clause in Contracts

Participating Class Members’ Release. After the Judgment is final and XxXxxxx Nut has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue or be part of any other lawsuit against XxXxxxx Nut or related entities for wages or other relief based on the Class Period facts or PAGA penalties based on PAGA Period facts or the Parties’ Settlement Agreement, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, fully, finally, and forever settle and release Released Parties from (i) all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or suspected, that each Participating Class Member had, now has, or may hereafter claim to have against the Released Parties, and that were asserted in the Action, or that arise from or could have been asserted based on any of the facts, circumstances, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act alleged in the Action that have arisen during the Class Period (“the Released Claims”). The Released Claims specifically include, but are not limited to, any claimed violations of Labor Code §§ 201-204, 226, 226.7, 512, 1194, 1194.2, 1197, 1198, 2698 et. seq. and 2802; and Business & Professions Code § 17200, et. seq. Except as set forth in Section 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation or claims based on facts occurring outside the Class Period.

Participating Class Members’ Release. After the Judgment is final and XxXxxxx Nut MSMU has fully funded the Gross Settlement (and separately paid all employer payroll taxes)Settlement, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against XxXxxxx Nut MSMU or related entities the Released Parties, for wages or other relief claims based on the Class Period facts or and PAGA penalties based on PAGA Period facts or the Parties’ Settlement Agreementfacts, as alleged in the Action and resolved by this Settlement. Released Parties means MSMU and all of its affiliated entities including its founders and members (the Sisters of St. Xxxxxx xx Xxxxxxxxxx), as well as any of its past, present and future officers, agents, directors, shareholders, principals, partners, owners, trustees, supervisors, administrators, staff members, non-Class Member employees, representatives, parents, subsidiaries, attorneys, sureties, bonding companies, insurers, risk pooling trusts, and legal predecessors, successors, heirs, executors, administrators, assigns, and all persons acting by, through, under, or in concert with any of them. The Participating Class Members will be bound by the following release: All : 1.1 Each and all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, fully, finally, shall be deemed to release MSMU and forever settle and release the Released Parties from (i) all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or suspected, claims that each Participating Class Member had, now haswere alleged, or may hereafter claim to have against the Released Parties, and that were asserted in the Action, or that arise from or reasonably could have been asserted alleged, based on any of the facts, circumstances, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act Class Period facts alleged on their behalves in the Action that have arisen operative First Amended Complaint, and arising during the Class Period (“the Released Claims”). The Released Claims specifically includePeriod, but are not limited to, any claimed violations of including claims under Labor Code §§ 201-204, 226, 226.7, 512226.2, 1194, 1194.2, 1197226.7, 1198226(a) & (e), 2698 et. seq. 201-203, and 2802; and Business & and Professions Code §§ 17200, et. 17200 et seq. Except as set forth in Section 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation compensation, or claims based on facts occurring outside the Class Period.

Participating Class Members’ Release. After the Judgment is final and XxXxxxx Nut CARGO has fully funded the Gross Settlement (and separately paid all employer payroll taxes), Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against XxXxxxx Nut CARGO or related entities for wages or other relief claims based on the Class Period facts or PAGA penalties based on PAGA Period facts or the Parties’ Settlement Agreement, as alleged in the Action and resolved by this SettlementSettlement for the period of April 21, 2017 through March 31, 2023. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties (CARGO and each of its present and former parent companies, subsidiaries, divisions, concepts, related or affiliated companies, and its shareholders, owners, partners, officers, directors, employees, agents, attorneys, insurers, successors and assigns, fully, finally, and forever settle and release Released Parties from (i) all claims, charges, complaints, liens, demands, causes CARGO’s counsel of action, obligations, damages and liabilities, known or suspected, that each Participating Class Member had, now has, or may hereafter claim to have against the Released Parties, and that were asserted record in the Action) from any and all claims under state, federal, or local law, whether statutory or common law arising out of the claims expressly pleaded in the Action and all other claims, such as those under the California Labor Code, applicable Wage Orders, regulations, and/or other provisions of law, that arise from or could have been asserted pleaded based on any of the facts, circumstances, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act alleged facts pleaded in the Action for (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to provide all meal breaks; (4) failure to provide all rest breaks, (5) failure to provide accurate itemized wage statements, (6) failure to timely pay wages during employment and upon termination, (7) failure to maintain required records, (8) unfair business practices, and all claims for injunctive relief, liquidated damages, penalties, including all civil penalties under the Labor Code Private Attorneys General Act of 2004, interest, fees, and costs, and all other claims and allegations made that could have arisen been made in the Action during the Class Release Period (“based on the Released Claims”). The Released Claims specifically include, but are not limited to, any claimed violations of Labor Code §§ 201-204, 226, 226.7, 512, 1194, 1194.2, 1197, 1198, 2698 et. seq. facts and 2802; and Business & Professions Code § 17200, et. seqallegations in the Operative Complaint. Except as set forth in Section 5.3 5.2 of this the Settlement Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation compensation, or claims based on facts occurring outside the Class Periodthis Action.

Participating Class Members’ Release. After the Judgment is final and XxXxxxx Nut Xxxxxxx has fully funded the Gross Settlement (and separately paid all employer payroll taxes)Settlement, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue sue, or be part of any other lawsuit against XxXxxxx Nut Xxxxxxx or related entities for wages or other relief based on the Class Period facts or and PAGA penalties based on PAGA Period facts or the Parties’ Settlement Agreementfacts, as alleged in the Action and resolved by this Settlement. The Participating Class Members will be bound by the following release: All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors successors, and assigns, fully, finallyrelease and discharge Xxxxxxx, and forever settle all of its former and release present parents, subsidiaries, and affiliates, and their current and former officers, directors, employees, partners, shareholders and agents, and the predecessors and successors, assigns, and legal representatives of all such entities and individuals (“Released Parties Parties”) from (i) all claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or suspected, claims that each Participating Class Member had, now haswere alleged, or may hereafter claim to have against the Released Parties, and that were asserted in the Action, or that arise from or reasonably could have been asserted alleged, under state or federal law, based on any the facts stated in the operative complaint during the Covered Period and ascertained in the course of the factsAction including claims for (a) failure to pay minimum wages; (b) failure to pay overtime wages; (c) failure to provide meal periods; (d) failure to provide rest periods; (e) failure to pay all due wages at termination; (f) failure to provide accurate itemized wage statements; (g) unfair competition; (h) failure to pay for all time worked based on rounding of time; (i) regular rate of pay errors; ( j) liquidated damages, circumstancesand any other related civil and statutory penalties, transactionsincluding those recoverable under PAGA; and (k) all attorneys’ fees, eventsinterest, occurrences, acts, disclosures, statements, omissions or failures and litigation costs related to act alleged in the Action that have arisen these claims arising during the Class Covered Period (“the Class Members’ Released Claims”). The Class Members’ Released Claims specifically includeinclude without limitation claims meeting the above definition(s) under any and all applicable statutes, but are not limited toincluding without limitation the California Payment of Wages Law, any claimed violations of and in particular, California Labor Code §§ 200, 201-, 202, 203, 204, 208, 210, 218.6, 221, 222, 223, 226, 226.3, 226.7, 256, 510, 512, 516, 558, 1174, 1174.5, 1193.6, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1198.5, 1199; the California Unfair Competition Act, and in particular, California Bus. & Prof. Code §§ 17200 et seq.; the PAGA, California Labor Code §§ 2698 et. seq.; California Code of Civil Procedure § 1021.5; California Civil Code §§ 3287 and 3288; all applicable California Industrial Wage Orders, and any other provision of the California Labor Code or any applicable California Industrial Welfare Commission Wage Orders (including but not limited to Wage Order Nos. 1 and 2802; and Business & Professions Code § 17200, et4). seq. Except as set forth in Section 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation compensation, or claims based on facts occurring outside the Class Covered Period.