Release and Dismissal. 2.1 Within seven days of the receipt of the payment or payments pursuant to paragraphs 3.1 and 3.2, plaintiffs shall deliver to defendants, through their counsel, a signed Stipulation of Dismissal with Prejudice (hereinafter “Dismissal”) of their Lawsuit, Case No. 98-1098. Defendants shall file the Stipulation of Dismissal With Prejudice with the Court.
Release and Dismissal. This Settlement Agreement is a full, final, and binding resolution between CAG, acting in its individual capacity, on the one hand, and (a) MERCHSOURCE, and its owners, parents, subsidiaries, affiliates, sister and related companies, employees, shareholders, officers, directors, insurers, attorneys, predecessors, successors, and assigns (collectively “Releasees”) and (b) all entities to whom Releasees directly or indirectly provide, distribute, or sell the Covered Products, including but not limited to distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees and specifically TJ Maxx of CA, LLC; The TJX Companies, Inc.; The TJX Operating Companies, Inc.; and Innovage LLC; (“Downstream Releasees”), on the other hand, of any violation(s) or claimed violation(s) of Proposition 65 or any statutory or common law claim that has been, could have been or may in the future be asserted against the Releasees and Downstream Releasees regarding exposing persons to the Listed Chemical and the failure to warn about exposure to the Listed Chemical arising only in connection with the Covered Products manufactured, shipped, and/or otherwise distributed prior to the Effective Date, even if sold by Downstream Releasees after the Effective Date. The Covered Products are limited to those distributed by MERCHSOURCE. CAG, its past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives and releases with respect to the Covered Products all rights to institute or participate in, directly or indirectly, any form of legal action, including, without limitation, all actions, and causes of action, in law or in equity, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses (including, but not limited to, investigation fees, expert fees, and attorneys’ fees) (collectively “Claims”), against Releasees and/or Downstream Releasees that arise under Proposition 65 or any other statutory or common law claims that were or could have been asserted with respect to any Covered Products sold up to the Effective Date, only to the extent that such Claims relate to Releasees’ and/or Downstream Releasees’ alleged exposure of persons to the Listed Chemical contained in the Covered Products or any failure by Releasees and Downstream Releasees to warn about exposures to the Listed Chemical contained in the Covered Products. CAG acknowledges that it is familiar with Section 1542 of Civil Code,...
Release and Dismissal. 62. In consideration of payment of the Settlement Proceeds, and the Defendants’ other undertakings hereunder, and for other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, Plaintiffs, including those Class Members who do not file claims, hereby remise, release, acquit, satisfy, and forever discharge Defendants Xxxxxxx X. Xxxx, Xx., and Xxxxxxxx Xxxxxx, in their individual and official capacities, the Commonwealth of Massachusetts and all of their present and former agents, servants, independent contractors, officers, officials, employees and insurers as well as each of their estates, heirs, executors, personal representatives, successors in interest, and assigns (the “Released Parties”), of and from any and all manner of action and actions, cause or causes of action, suits, debts, dues, claims, rights, compensation, attorneys’ fees, costs, expenses, compensation, damages and demands, including all known and unknown, foreseen and unforeseen, developed and undeveloped damages and the consequences thereof, and any and all claims of every kind, nature, and description whatsoever, in law (be it constitutional, statutory, or common law) or in equity, which Plaintiffs now have or ever had arising out of or in any way related to the allegations in the Complaint in the action entitled Xxxxxxx, et al. x.
Release and Dismissal. A. Plaintiffs release and discharge defendants from all potential liability for all claims seeking declaratory or injunctive relief to end nonplacements and/or temporary lodging, arising out of conduct through the termination of this Settlement Agreement, including claims under the Fourteenth Amendment, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and ORS 659A.142. Plaintiffs’ sole remedy, if any, is provided in the enforcement provisions of this Settlement Agreement. A breach of the Settlement Agreement does not revive any claims released by this section. Plaintiffs preserve all other claims seeking declaratory or injunctive relief.
Release and Dismissal. Cheniere, Crest and Xxxxxx hereby agree to --------------------- execute on the Closing Date (as defined below) (i) a Mutual Release and Settlement of All Claims substantially in the form of Exhibit A hereto (the --------- "Release") and (ii) an Agreed Motion for and Order of Dismissal of the Lawsuit With Prejudice as to its refiling substantially in the form of Exhibit B hereto --------- (the "Agreed Motion and Order").
Release and Dismissal. 7.1 Releases. As of the date of entry of the Final Approval Order and Judgment, Plaintiffs and each Settlement Class Member, and each of their respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest and assigns, and all persons acting for or on their behalf, will be deemed to have fully released and forever discharged the Released Parties from the Released Claims. Without limiting the foregoing, the Released Claims specifically extend to claims that Settlement Class Members do not know or suspect to exist in their favor at the time that the Settlement, and the releases contained herein, becomes Effective. This paragraph constitutes a waiver of any laws that would limit this release, including, without limitation, section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiffs understand and acknowledge, and each Settlement Class Member who is not excluded from the Settlement shall be deemed to understand and acknowledge, the significance of these waivers of California Civil Code section 1542 and/or of any other applicable law relating to limitations on releases. In connection with such waivers and relinquishment, Plaintiffs acknowledge, and all Settlement Class Members who are not excluded from the Settlement shall be deemed to acknowledge, that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally and forever all Released Claims, and in furtherance of such intention, the release of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.
Release and Dismissal. A. Upon execution of this Settlement Agreement by all the parties, plaintiffs will promptly file a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).
Release and Dismissal. In consideration of payment of the Payment Amount and other good and valuable consideration, Furie hereby voluntarily releases Infowars from and against Furie’s claim that Infowars’s sale of the Work prior to the Effective Date infringes Furie’s copyrights. Upon execution of this Agreement, Furie’s counsel will file a joint stipulation of dismissal that states: “Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Xxxx Xxxxx and Defendants Infowars, LLC and Free Speech Systems, LLC, by and through their counsel, hereby stipulate to the dismissal with prejudice of Plaintiff’s claims against Defendants, with the parties to bear their own costs and attorneys’ fees.”
Release and Dismissal. 10.1 Plaintiffs, for themselves, their heirs and assigns, do hereby forever release and discharge Santa Xxxx Metro, its Board of Directors, subsidiaries, affiliates, successors, predecessors, assigns, directors, agents, employees, insurers, attorneys and representatives (collectively, referred to as the “Released Parties”) from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and demands of whatsoever kind and character in any manner whatsoever arising from or relating to the accessibility of the Santa Xxxx public transportation system, and/or retaliation by any of the Released Parties, occurring prior to the execution of this Agreement. Plaintiffs understand and expressly agree that this Agreement extends to all of their claims of every nature and kind, known or unknown, suspected or unsuspected, past, present, or future, arising from or relating to any alleged violation by the Released Parties occurring prior to the execution of this Agreement, relating to the accessibility of the Santa Xxxx public transportation system for persons with disabilities and/or retaliation by any of the Released Parties.
Release and Dismissal
