Plaintiffs’ Releases. 12.1.1 In consideration of Defendants’ payments, promises, and covenants herein, including funding provided by or on behalf of Defendants pursuant to the Coverage and Claims Settlement Agreement and the Related Settlement, each Plaintiff, on behalf of itself and its predecessors, successors and assigns, hereby forever releases, acquits and forever discharges Xxxxxxxxx and its insurers (including but not limited to AISLIC, The Insurance Company of the State of Pennsylvania (“ISOP”), and Steadfast), SCLLC, RFI, RFI Realty, BRLLC, the Buyer, and Steadfast Santa Clarita Holdings, LLC (“SSCH”), and their respective officers, directors, shareholders, members, employees, agents, representatives, contractors, reinsurers, consultants, subsidiaries, affiliates, predecessors, successors and assigns from any and all actions, causes of action, claims, demands, liabilities, damages, penalties, fines, debts, losses, costs, expenses and fees (including, without limitation, litigation costs and attorney and consultant fees) of every kind and nature whatsoever, in law and in equity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, arising out of or relating to the past, present or future detection of perchlorate in the Subject Xxxxx, (except for claims addressed in Section 12.1.2 and Section 12.1.3 which are not released in this Section 12.1.1) including (without limitation) all claims for past and future purchase of replacement water as a result of the detection of perchlorate in the Subject Xxxxx (except for the costs of providing consumers with water from alternative water sources during the first three years after Project operations commence if there is a Remedy Stoppage during said time period), all Plaintiffs’ Past Environmental Claims, all Plaintiffs’ Past Design Costs Claims, all Plaintiffs’ claims relating to the V-206 Replacement Well, including, but not limited to, construction and installation of VWC’s well V-206 and associated pipelines, and permanent closure and abandonment of VWC’s well V-157, all claims with respect to the Capital Costs for Q2, and all claims for past or future response costs and other costs incurred as a result of perchlorate detection in the Subject Xxxxx, including attorneys’ and consultants’ fees and costs. However, excluded from the release provided in this section are any claims or causes of action arising out of or relating to any future claims, causes of action, suits, legal or administrative proceedings by...
Plaintiffs’ Releases. As consideration for this Agreement and as of the Effective Date, Plaintiffs, their successors, heirs, and assigns, and all representatives, agents, and attorneys of the foregoing, do hereby release, waive, relinquish, disavow and forever discharges Surge and all of its respective successors, heirs, and assigns, and all employees, representatives, agents, vendors, and attorneys of the foregoing (collectively, the “Surge Released Parties”), of and from any and all claims, actions, or causes of action (including, without limitation, any claims for contract or tort damages, punitive damages, misrepresentation, violation of any law, statute, or administrative regulation, contribution, apportionment, equitable indemnity, express and/or contractual indemnity, unasserted claims, counter claims, or cross claims, and any other damages or loss or other form of relief), debts, demands, payments, rights, obligations, loss, judgments, awards, attorneys’ fees, costs, interests, damages, lawsuits, liabilities, claims for reimbursement for costs or expenses, offsets, counterclaims, and defenses to collection or enforcement, benefits and causes of action of whatever kind, nature or character, known or unknown, suspected, fixed or contingent, past, present, or future, in law or in equity, related only to Plaintiffs’ Claims in the Action against Surge. Notwithstanding the foregoing, this release will not be applicable to the obligations contained in this Agreement.
Plaintiffs’ Releases. Plaintiffs and each of their respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, or occurrences that occurred at any time (except as specified below), including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Action and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Action, Plaintiff Xxxxxx’x PAGA Notice, or ascertained during the Action and released under 5.2, below. (“Plaintiffs’ Releases.”) Plaintiffs’ Releases 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. Plaintiffs acknowledge that Plaintiffs may hereafter discover facts or DocuSign Envelope ID: AC9F757F-60E8-4E69-A505-9939CD2B121B law different from, or in addition to, the facts or law that Plaintiffs now know or believe to be true but agree, nonetheless, that Plaintiffs’ Releases shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ discovery of them.
Plaintiffs’ Releases. 1. Plaintiff agrees to dismiss, with prejudice, certain litigation and any and all charges, complaints, claims for attorneys’ fees, applications and appeals relating to the matter entitled Xxxxx Xxxx v.
Plaintiffs’ Releases. Upon Final Approval, Plaintiffs, all Current Lightning Stockholders, and Lightning will release Defendants from all claims and causes of action of every nature and description, whether known or unknown, whether arising under state, federal, common, or foreign law, that (a) were or could have been asserted by Lightning or by Plaintiffs derivatively on behalf of Lightning; (b) would have been barred by res judicata had the Actions been litigated to final judgment; or (c) that could have been, or could in the future be, asserted derivatively on behalf of Lightning or by Lightning in any forum or proceeding or otherwise against any of the Defendants or any entity with which they are affiliated or in which they have a membership, investment, or other interest, and their respective past, present, and future officers, directors, shareholders, members, partners, managers, agents, attorneys, and insurers, that concern, arise out of or relate, directly or indirectly, in any way to any of the subject matters, allegations, transactions, facts, occurrences, disclosures, non-disclosures, representations, statements or omissions alleged, involved, set forth, or referred to in the Actions, including, but not limited to, claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, contribution, money damages, disgorgement, any and all demands, actions, damages, claims, rights or causes of action, or liabilities whatsoever, including Unknown Claims (defined herein) except for claims relating to the enforcement of the Settlement (collectively, “Plaintiffs’ Released Claims”). For the avoidance of doubt, this release shall not cover, include, or release any direct claims of Plaintiffs or any Lightning stockholder, including without limitation any direct claims asserted under the federal securities laws.
Plaintiffs’ Releases. Upon execution of this Agreement, Xxxxxx and Xxxxxxx shall provide to Defendants and SCC an executed Release in the form annexed hereto as Exhibits B and C.
Plaintiffs’ Releases. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Plaintiffs, and in further consideration of the release of Defendants by Plaintiffs herein, effective on the Effective Date and with the exception of the executory provisions of this Agreement set forth in Section 1, above, Plaintiffs for themselves, their predecessors, divisions, subsidiaries, parents, and affiliates, and their respective current and former officers, directors, shareholders, owners, members, employees, servants, agents, and attorneys do hereby forever release, acquit, and discharge Defendants, their predecessors, divisions, subsidiaries, parents, and affiliates, and their respective current and former officers, directors, shareholders, owners, members, employees, servants, agents, and attorneys, of and from any and all claims, demands, obligations, actions, causes of action, rights, damages, costs, expenses, and compensation of any nature whatsoever, whether at law or in equity, known or unknown, that they have, had or may have at any time in the past, present or future arising out of or relating in any way to the Services Agreement, including without limitation all claims, assertions, or causes of action asserted in or related in any way to the Lawsuit.
