Plaintiffs’ Released Claims. In exchange for the Service Award, and in addition to the Released Claims as applicable in Paragraph 15 and upon the Effective Date of the Settlement Agreement, Plaintiff agrees to release and discharge Defendant and all other Released Parties finally, forever and with prejudice, from any and all causes of action, claims, rights, damages ofany nature, penalties, liabilities, expenses, losses, and issues of any kind or nature whatsoever, whether known or unknown, that Plaintiff has or may have against the Released Parties that arose prior to the date on which she executed this Agreement (“Plaintiff's Released Claims”), including without limitation any claims that were or could have been asserted in the Complaint, based on the facts alleged, for alleged violations ofthe 2020 BSR contract, as well as any claims for liquidated or other damages, retaliation, compensatory damages, unpaid costs, restitution or other compensation or relief arising under applicable law, as well as any claims, whether in law or equity, known or unknown, against Defendant or any other Released Parties relating to the 2020 BSR including but not limited to claims arising under the contract or any other federal, state, or local law, statute, regulation, constitution, ordinance, and/or public policy, contract, or tort law, or any claim ofretaliation under such laws, or any claim of breach ofany contract (whether express, oral, written, or implied from any source), or any claim of unjust enrichment, intentional or negligent infliction of emotional distress. The scope of this Release is strictly limited to the events surrounding the 2020 BSR and is not to be construed as a general release ofany claim not related to the 2020 BSR. Plaintiff acknowledges that she may have claims related to the 2020 BSR that are presently unknown based on actions that took place prior to the date she executes this Agreement and that the release of Plaintiffs Released Claims contained in this Settlement Agreement is intended to and will fully, finally, and forever discharge all claims against Defendant and the other Released Parties, whether now asserted or not asserted, known or unknown, suspected or unsuspected, which now exist, or heretofore existed, which if known, might have affected her decision to enter this release. Plaintiff agrees that, although she may discover facts in addition to or different from those that are currently known or believed to be true with respect to Plaintiff's Released Claims, it ...
Plaintiffs’ Released Claims. In exchange for the payments and benefits described herein, Plaintiffs release and discharge Comcast and its current, former, and future corporate affiliates and related entities including, without limitation, parents, subsidiaries, predecessors, successors, divisions, joint ventures and assigns, and each of these entities’ past or present directors, officers, employees, partners, members, principals, agents, insurers, co-insurers, re-insurers, benefit plans, plan administrators, shareholders, attorneys, and personal or legal representatives (“Released Parties”) from all claims, demands, causes of action, fees and liabilities of any kind whatsoever, whether known or unknown, whether contingent or non-contingent, specifically asserted or not, which the Plaintiffs ever had, now have, or may have against any of the Released Parties by reason of any act, omission, transaction, practice, plan, policy, procedure, conduct, occurrence, or other matter, up to and including the date the Court approves this Agreement, related to the payment of wages, commissions, shift differentials, bonuses, and/or other compensation that were or could have been asserted in the Litigation, including those claims that could arise under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. , the Illinois Minimum Wage Law (IMWL), 820 ILCS 105/1, et seq., the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1, et seq., or any other state or local wage/hour and wage payment statute/ordinance for any type of relief, including without limitation, minimum wages, overtime or other wages; unpaid wages or other compensation, costs; wage deductions; premium pay; liquidated damages, penalties; punitive damages; interest; attorneys’ fees and; litigation costs; restitution; and equitable relief. In waiving and releasing the claims set forth in this Agreement, whether or not now known to Plaintiffs, Plaintiffs understand that this means that, if Plaintiffs later discover facts different from or in addition to those facts currently known or believed to be true by Plaintiffs, the waivers and releases of this Agreement will remain effective in all respects – despite such different or additional facts and even if Plaintiffs would not have agreed to release the claims if Plaintiffs had prior knowledge of such facts.
Plaintiffs’ Released Claims. Plaintiff and her former and present spouses, if any, representatives, agents, attorneys, heirs, administrators, executors, trustees, successors, and assigns fully and irrevocably release and discharge Released Parties from any and all actions, claims, complaints, costs, damages, demands, expenses, and liabilities of any nature and under legal theory of liability whatsoever, arising from the beginning of time through the present date, , including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Operative Complaints and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaints, or Plaintiff’s PAGA Notice. (“Plaintiff’s Released Claims.”) This claim is to be construed as broadly as possible in favor of the Released Parties. Provided, however, that Plaintiff’s Release does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, nonetheless, that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.
Plaintiffs’ Released Claims. Plaintiff and his former and present spouses, if any, representatives, agents, attorneys, heirs, administrators, successors, and assigns release and discharge Released Parties from all claims, transactions, or occurrences, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Operative Complaint and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, or Plaintiff’s PAGA Notice. (“Plaintiff’s Released Claims.”) Plaintiff’s Release does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, nonetheless, that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.
Plaintiffs’ Released Claims a. In exchange for the consideration set forth in this Settlement Agreement, and in addition to the Released Claims, upon the Final Approval Order of the Court, Plaintiffs Xxxxxxxx and Xxxxx agree to release and discharge Defendants and all other Released Parties finally, forever and with prejudice, from any and all causes of action, claims, rights, damages of any nature, penalties, liabilities, expenses, losses, and issues of any kind or nature whatsoever, whether known or unknown, that Plaintiffs have or may have against the Released Parties that arose prior to the date on which each of them executed this Agreement, including without limitation any claims arising under the Fair Labor Standards Act and any claims that were or could have been asserted in the Complaint for alleged unpaid wages, overtime compensation, liquidated or other damages, retaliation, compensatory damages, unpaid costs, restitution or other compensation or relief arising under applicable wage and hour laws, as well as any claims, whether in law or equity, known or unknown, against Released Parties relating to Plaintiffs’ employment (or alleged employment or joint employment) or termination of employment, including but not limited to claims arising under the Americans with Disabilities Act, National Labor Relations Act, Equal Pay Act, Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act and its state counterparts, Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Civil Rights Act of 1866, 1871, and 1991, including Section 1891 of the Civil Rights Act, the Family and Medical Leave Act, Coronavirus Aid, Relief, and Economic Security Act, Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Illinois Equal Wage Act, Illinois Wages for Women and Minors Act, the Illinois Occupational Safety and Health Act, the Illinois Worker Adjustment and Retraining Notification Act, the Illinois One Day Rest in Seven Act, Illinois Religious Freedom Restoration Act, Illinois Equal Pay Act, Illinois Whistleblower Act, Illinois Family Military Leave Act, Illinois Nursing Mothers in the Workplace Act, Illinois WARN Act, the Illinois Right to Privacy in the Workplace Act, Illinois Union Employee Health and Benefits Protection Act, Illinois Employment Contract Act, Illinois Labor Dispute Act, and Illinois Victims’ Economic Security and Safety Act, Xxxx County Minimum Wage Ordinance of the Municipal Code of Xxxx Coun...
Plaintiffs’ Released Claims. “Plaintiffs’ Released Claims” are any and all Claims of any nature whatsoever, whether individual, representative, or derivative, known or unknown, accrued or unaccrued, by or on behalf of the Plan, the Plaintiffs and the Settlement Class, including respective heirs, beneficiaries, executors, administrators, Successors-In-Interest and assigns that: (a) were brought or could have been brought in the Action and arise out of the same or substantially similar facts, circumstances, situations, transactions or occurrences as those alleged in the Action during the Class Period; (b) were brought or could have been brought under ERISA based on or relating to the investment of Plan assets in the Xxxxxx Xxx Stock Fund by or through the Plan during the Class Period; and/or (c) are related to the prosecution, defense or settlement of the Action. Notwithstanding any other provision of this Settlement Agreement, Plaintiffs and members of the Settlement Class shall not be deemed to have barred, waived, or released any Claim by any individual Plan participant concerning his or her eligibility for benefits under the Plan or to contest the correct amount of such benefit except to the extent that such claim may relate to the Claims asserted in the Amended Complaint.
Plaintiffs’ Released Claims. Plaintiff and her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from any and all claims, transactions, obligations, demands, and liabilities of whatever kind and nature, character, and description, whether in law or equity, whether sounding in tort, contract, federal, state and/or local law, statute, ordinance, regulation, common law, or other source of law or contract, whether known or unknown, and whether anticipated or unanticipated, including all unknown claims covered by California Civil Code section 1542 that could be or are asserted based upon any theory or facts whatsoever, arising at any time up to and including the Class Period, for any type of relief, including, without limitation, claims for minimum, straight time, or overtime wages, premium pay, business expenses, other damages, penalties (including, but not limited to, waiting time penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation and other costs, expenses, restitution, and equitable and declaratory relief. Plaintiff’s Released Claims include, but are not limited to, the Release by Participating Class Members and/or the Release by Aggrieved Employees, as well as any other claims under any provision of federal, state, or local law, including the FLSA, and California wage and hour laws. Upon Final Approval, Plaintiff shall be deemed to have fully, finally, and forever released Released Parties from all Plaintiff’s Released Claims through the date of Preliminary Approval. Furthermore, upon Final Approval, Plaintiff shall be deemed to have expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits they may otherwise have had relating to the Plaintiff’s Released Claims pursuant to Section 1542 of the California Civil Code, 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.
