Common use of Plaintiffs’ Release of Claims and General Release Clause in Contracts

Plaintiffs’ Release of Claims and General Release. In addition to the releases made in Section X.XX, upon the Effective Final Settlement Date, and in exchange for the Class Representative Enhancement Payment to the Plaintiff in an amount not to exceed Ten Thousand Dollars and No Cents ($10,000), in recognition of her work and efforts in obtaining the benefits for the Class, and undertaking the risk for the payment of costs in the event this matter had not successfully resolved, Plaintiff hereby provides a general release of claims for herself and her spouse, heirs, successors and assigns, and forever releases, remises, and discharges the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties and expenses of any nature whatsoever, arising from the beginning of time through the date of the Court grants Preliminary Approval, known or unknown, suspected or unsuspected, whether in tort, contract, equity, or otherwise, for violation of any federal, state or local statute, rule, ordinance or regulation, including but not limited to all claims arising out of, based upon, or relating to her employment with Defendant or the remuneration for, or termination of, such employment. Plaintiff’s Release of Claims also includes a waiver of California Civil Code section 1542, which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Plaintiff may hereafter discover claims or facts in addition to, or different from, those which she now knows or believes to exist, but she expressly agrees to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that this representation and commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment. The foregoing release is intended to be as broad as the Parties can possibly create and includes but is not limited to any liability whatsoever: - which arises directly or indirectly out of or is in any manner related to Plaintiff’s employment by Defendant; - which arises directly or indirectly out of or is in any manner related to the causes of action or injuries or damages alleged in the Class Action; or - which arises directly or indirectly out of or is in any manner related to any of the matters, occurrences or transactions which were raised or could have been raised in the Class Action, including without limitation, any and all claims for compensatory, economic, non-economic, punitive or other damages. If any claim is not subject to release, Plaintiff waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Defendant or any of the other Released Parties identified in this Settlement Agreement is a party. This Agreement does not affect any claims that cannot be released by law. Nothing in this Agreement is intended to apply to any claims which Plaintiff cannot legally waive, such as for unemployment benefits.

Plaintiffs’ Release of Claims and General Release. In addition to the releases made in Upon Defendant’s fulfillment of its payment obligations under Section X.XX, upon the Effective Final Settlement DateIII (J)(9)(a) of this Agreement, and in exchange for the Class Representative Enhancement Payment Payments to the Plaintiff Plaintiffs in an amount not to exceed Ten Thousand Dollars and No Cents ($10,000)) to each Plaintiff, in recognition of her their work and efforts in obtaining the benefits for the Class, and undertaking the risk for the payment of costs in the event this matter had not successfully resolved, Plaintiff Plaintiffs hereby provides provide a general release of claims for herself themselves and her their respective spouse, heirs, successors and assigns, and forever releasesrelease, remisesremise, and discharges discharge the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties and expenses of any nature and description whatsoever, arising from the beginning of time through the date of the Court grants Preliminary Approval, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract, equity, or otherwise, for arising out of Plaintiffs’ respective employment with Defendant, payment of wages during that employment and the cessation of that employment and/or violation of any federal, state or local statute, rule, ordinance or regulation. With respect to the General Release, including but not limited each of the Plaintiffs stipulates and agrees that, as of the Effective Final Settlement Date, Plaintiffs shall be deemed to all claims arising out ofhave, based uponexpressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or relating to her employment with Defendant any other similar provision under federal or the remuneration for, or termination of, such employment. Plaintiff’s Release of Claims also includes a waiver of California Civil Code section 1542state law, which provides as followsprovides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Plaintiff may hereafter discover claims or facts in addition to, or different from, those which she now knows or believes to exist, but she expressly agrees to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that this representation and commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment. The foregoing release is intended to be as broad as the Parties can possibly create and includes but is not limited to any liability whatsoever: - which arises directly or indirectly out of or is in any manner related to Plaintiff’s employment by Defendant; - which arises directly or indirectly out of or is in any manner related to the causes of action or injuries or damages alleged in the Class Action; or - which arises directly or indirectly out of or is in any manner related to any of the matters, occurrences or transactions which were raised or could have been raised in the Class Action, including without limitation, any and all claims for compensatory, economic, non-economic, punitive or other damages. If any claim is not subject to release, Plaintiff waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Defendant or any of the other Released Parties identified in this Settlement Agreement is a party. This Agreement does not affect any claims that cannot be released by law. Nothing in this Agreement is intended to apply to any claims which Plaintiff cannot legally waive, such as for unemployment benefits.

Plaintiffs’ Release of Claims and General Release. In addition to the releases made in Upon Defendant’s fulfillment of its payment obligations under Section X.XX, upon the Effective Final Settlement DateIII (J)(9)(a) of this Agreement, and in exchange for the Class Representative Enhancement Payment to the Plaintiff in an amount not to exceed Ten Thousand Dollars and No Cents ($10,000), in recognition of her his work and efforts in obtaining the benefits for the Class, and undertaking the risk for the payment of costs in the event this matter had not successfully resolved, Plaintiff hereby provides a general release of claims for herself himself and her his respective spouse, heirs, successors and assigns, and forever releasesrelease, remisesremise, and discharges discharge the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties and expenses of any nature and description whatsoever, arising from the beginning of time through the date of the Court grants Preliminary Approval, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract, equity, or otherwise, for arising out of and/or relating to Plaintiff’s employment with Defendant, payment of wages during that employment and the cessation of that employment and/or violation of any federal, state or local statute, rule, ordinance or regulation. With respect to the General Release, including but not limited Plaintiff stipulates and agrees that, as of the Effective Final Settlement Date, Plaintiff shall be deemed to all claims arising out ofhave, based uponexpressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or relating to her employment with Defendant any other similar provision under federal or the remuneration for, or termination of, such employment. Plaintiff’s Release of Claims also includes a waiver of California Civil Code section 1542state law, which provides as followsprovides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Plaintiff may hereafter discover claims or facts in addition to, or different from, those which she now knows or believes to exist, but she expressly agrees to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that this representation and commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment. The foregoing release is intended to be as broad as the Parties can possibly create and includes but is not limited to any liability whatsoever: - which arises directly or indirectly out of or is in any manner related to Plaintiff’s employment by Defendant; - which arises directly or indirectly out of or is in any manner related to the causes of action or injuries or damages alleged in the Class Action; or - which arises directly or indirectly out of or is in any manner related to any of the matters, occurrences or transactions which were raised or could have been raised in the Class Action, including without limitation, any and all claims for compensatory, economic, non-economic, punitive or other damages. If any claim is not subject to release, Plaintiff waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Defendant or any of the other Released Parties identified in this Settlement Agreement is a party. This Agreement does not affect any claims that cannot be released by law. Nothing in this Agreement is intended to apply to any claims which Plaintiff cannot legally waive, such as for unemployment benefits.

Plaintiffs’ Release of Claims and General Release. In addition to the releases made in Upon Defendant’s fulfillment of its payment obligations under Section X.XXIII (J)(9)(a) of this Agreement, upon the Effective Final Settlement Date, and in exchange for the Class Representative Enhancement Payment to the Plaintiff Payments in an amount not to exceed Ten Thousand Dollars and No Cents ($10,000), 10,000.00) to each Class Representative and in recognition of her their work and efforts in obtaining the benefits for the Class, Class and undertaking the risk for the payment of paying litigation costs in the event this matter had not successfully resolved, Plaintiff Plaintiffs hereby provides provide a general release of claims for herself themselves and her any respective spouse, heirs, successors and assigns, and forever releases, remises, and discharges the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties and expenses of any nature and description whatsoever, arising from the beginning of time through the date of the Court grants Preliminary Approval, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract, equity, or otherwise, for arising out of Plaintiffs’ respective employment with Defendant, payment of wages during that employment and the cessation of that employment and/or violation of any federal, state or local statute, rule, ordinance or regulation. With respect to the General Release, including but not limited Plaintiffs stipulate and agree that, upon Defendant’s fulfillment of its payment obligations under Section III (J)(9)(a) of this Agreement, Plaintiffs shall be deemed to all claims arising out ofhave expressly waived and relinquished, based uponto the fullest extent permitted by law, the provisions, rights and benefits of section 1542 of the California Civil Code, or relating to her employment with Defendant any other similar provision under federal or the remuneration for, or termination of, such employment. Plaintiff’s Release of Claims also includes a waiver of California Civil Code section 1542state law, which provides as followsprovides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Plaintiff may hereafter discover claims or facts in addition to, or different from, those which she now knows or believes to exist, but she expressly agrees to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that this representation and commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment. The foregoing release is intended to be as broad as the Parties can possibly create and includes but is not limited to any liability whatsoever: - which arises directly or indirectly out of or is in any manner related to Plaintiff’s employment by Defendant; - which arises directly or indirectly out of or is in any manner related to the causes of action or injuries or damages alleged in the Class Action; or - which arises directly or indirectly out of or is in any manner related to any of the matters, occurrences or transactions which were raised or could have been raised in the Class Action, including without limitation, any and all claims for compensatory, economic, non-economic, punitive or other damages. If any claim is not subject to release, Plaintiff waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Defendant or any of the other Released Parties identified in this Settlement Agreement is a party. This Agreement does not affect any claims that cannot be released by law. Nothing in this Agreement is intended to apply to any claims which Plaintiff cannot legally waive, such as for unemployment benefits.

Plaintiffs’ Release of Claims and General Release. In addition to the releases made in Upon Defendant’s fulfillment of its payment obligations under Section X.XXIII (J)(9)(a) of this Agreement, upon the Effective Final Settlement Date, and in exchange for the Class Representative Enhancement Payment to the Plaintiff in an amount not to exceed Ten Thousand Dollars and No Cents ($10,00010,000.00), and in recognition of her his work and efforts in obtaining the benefits for the Class, Class and undertaking the risk for the payment of paying litigation costs in the event this matter had not successfully resolved, Plaintiff hereby provides a general release of claims for herself himself and her any respective spouse, heirs, successors and assigns, and forever releases, remises, and discharges the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties and expenses of any nature and description whatsoever, arising from the beginning of time through the date of the Court grants Preliminary Approval, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract, equity, or otherwise, for arising out of Plaintiff’s respective employment with Defendant, payment of wages during that employment and the cessation of that employment and/or violation of any federal, state or local statute, rule, ordinance or regulation. With respect to the General Release, including but not limited Plaintiff stipulates and agrees that, as of the Effective Final Settlement Date, Plaintiff shall be deemed to all claims arising out ofhave expressly waived and relinquished, based uponto the fullest extent permitted by law, the provisions, rights and benefits of section 1542 of the California Civil Code, or relating to her employment with Defendant any other similar provision under federal or the remuneration for, or termination of, such employment. Plaintiff’s Release of Claims also includes a waiver of California Civil Code section 1542state law, which provides as followsprovides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Plaintiff may hereafter discover claims or facts in addition to, or different from, those which she now knows or believes to exist, but she expressly agrees to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that this representation and commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment. The foregoing release is intended to be as broad as the Parties can possibly create and includes but is not limited to any liability whatsoever: - which arises directly or indirectly out of or is in any manner related to Plaintiff’s employment by Defendant; - which arises directly or indirectly out of or is in any manner related to the causes of action or injuries or damages alleged in the Class Action; or - which arises directly or indirectly out of or is in any manner related to any of the matters, occurrences or transactions which were raised or could have been raised in the Class Action, including without limitation, any and all claims for compensatory, economic, non-economic, punitive or other damages. If any claim is not subject to release, Plaintiff waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Defendant or any of the other Released Parties identified in this Settlement Agreement is a party. This Agreement does not affect any claims that cannot be released by law. Nothing in this Agreement is intended to apply to any claims which Plaintiff cannot legally waive, such as for unemployment benefits.