Release by Class Representative. Class Representative agrees to the releases in Section 8 below, regardless of the amount of any Class Representative Service Payment approved by the Court.
Release by Class Representative. Class Representative, and their agents, representatives, attorneys, heirs, assigns or any other person acting on their behalf or for their benefit also fully, finally and forever release, relinquish and discharge the Released Parties from any claims, causes of actions and debts Class Representative has or may have against Released Parties arising out of or related to Class Representatives’ past leasing of rental space from Released Parties. No party releases any other party from liability for their future conduct.
Release by Class Representative. The Class Representative on behalf of himself and his spouse, heirs, executors, estates, predecessors, successors, assigns, agents and representatives, hereby releases any and all claims, liens, demands, causes of action, obligations, damages, and liabilities, known or unknown, suspected or unsuspected, fixed or contingent, which he has or may have against any of the Released Parties that arose before the date this Agreement is executed. The release is intended to be a general one covering all existing claims or demands of any nature whatsoever.
Release by Class Representative. 9 60. Except for claims or causes of action that cannot be released as a matter of law 10 without court or agency approval, such as worker's compensation claims, Plaintiff agrees to 11 completely release and discharge the Released Parties from any and all individual claims or causes 12 of action that he may have against them, including other claims or causes of action that he may 13 have with respect to his employment with Defendant, including the termination of that 14 employment. Plaintiff releases and discharges Released Parties from such claims or causes of 15 action on behalf of himself and his respective spouses, domestic partners, marital community, 16 children, estates, trusts, attorneys, heirs, successors, beneficiaries, devisees, legatees, executors, 17 administrators, trustees, conservators, guardians, assigns, and representatives. This individual 18 release is in addition to Plaintiff's release of Released Class Claims and Released PAGA Claims 19 with respect to himself through this Agreement. It extends to any and all further claims 20 concerning any other alleged liabilities, obligations, promises, agreements, contracts, 21 controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and 23 exemplary damages, interest, attorneys' fees, and costs) of any nature whatsoever, from the 24 beginning of time through the execution of this Agreement, whether known or unknown, 25 suspected or unsuspected, concealed or hidden. Plaintiff agrees not to seek any further 26 compensation or relief from the Released Parties with respect to any of these other released claims 27 or causes of action.
Release by Class Representative. 12 56. As a material inducement to Defendant to enter into this Settlement Agreement, Class 13 Representative does hereby, for herself and for her respective spouses, heirs, successors, 14 beneficiaries, devisees, legatees, executors, administrators, trustees, conservators, guardians, 15 personal representatives, and assigns forever and completely release and discharge the Released 16 Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, 17 controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and 18 expenses (including back wages, statutory penalties, civil penalties, liquidated damages, exemplary 19 damages, interest, attorneys’ fees, and costs) of any nature whatsoever, from the beginning of time 20 through the execution of this Stipulation, whether known or unknown, suspected or unsuspected, to 21 the greatest extent permitted by state or federal law, including, but not limited, to any and all claims 22 (whether state, federal, or administrative) for compensation, salaries, wages, bonuses, commissions, 23 overtime, benefits, sick pay, holiday pay, vacation, paid time off, severance pay, paid leave benefits, 24 penalties, interest, damages, back or front pay, costs, expenses, attorneys’ fees, employee benefits, 25 promises on any and all of the above, remedies of any other type, breach of contract or duty, fraud, 26 misrepresentation, defamation, disparagement, blackballing, discrimination or harassment in any 27 form, wrongful discharge of employment; termination in violation of public policy; discrimination;
Release by Class Representative. 28 59. As a material inducement to Defendant to enter into this Settlement Agreement, in 1 addition to Class Representatives’ releases of the Released Class Claims and Released PAGA 2 Claims, as discussed in Paragraphs [51 and 53] above, Class Representatives do hereby, for 3 themselves and for their respective spouses, domestic partners, marital community, children, 4 estates, trusts, attorneys, heirs, successors, beneficiaries, devisees, legatees, executors, 5 administrators, trustees, conservators, guardians, assigns, and representatives, forever completely 6 release and discharge the Released Parties from any and all charges, complaints, claims, 7 liabilities, obligations, promises, agreements, contracts, controversies, damages, actions, causes 8 of action, suits, rights, demands, costs, losses, debts, and expenses (including for back wages, 9 statutory penalties, civil penalties, liquidated damages, exemplary damages, interest, attorneys’ 10 fees, and costs) of any nature whatsoever, from the beginning of time through the execution of 11 this Agreement, whether known or unknown, suspected or unsuspected, concealed or hidden, 12 including but not limited to all claims arising out of, based upon, or relating to Class 13 Representatives’ employment with Defendant or the remuneration for or termination of such 14 employment (collectively, the “Class Representatives’ Claims”).
Release by Class Representative. In addition to Class Representative’s release of the 17 Released Class Claims and Released PAGA Claims, as discussed in Paragraphs 51 through 57 above, 18 Class Representative does xxxxxx, for himself and for his spouses, domestic partners, marital 19 community, children, estates, trusts, attorneys, heirs, successors, beneficiaries, devisees, legatees, 20 executors, administrators, trustees, conservators, guardians, assigns, and representatives (whether 21 current or former), forever completely release and discharge the Released Parties from any and all 22 charges, complaints, claims, liabilities, obligations, promises, agreements, contracts, controversies, 23 damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses 24 (including, but not limited to, for back wages, statutory penalties, civil penalties, liquidated damages, 25 exemplary damages, interest, attorneys’ fees, and costs) of any nature whatsoever, from the beginning 26 of time through the execution of this Settlement Agreement, whether known or unknown, suspected 27 or unsuspected, concealed or hidden, including, but not limited to, all claims arising out of, based 28 upon, or relating to Class Representative’s employment with Defendant or the remuneration for, or 1 termination of, such employment (collectively, the “Class Representative’s Claims”).
Release by Class Representative. In exchange for the Class Representative Incentive Payment, Plaintiff hereby releases, on behalf of herself and her heirs, representatives, attorneys, and assigns, all federal and state statutory claims, and federal and state common law claims that Plaintiff may have had, or presently has, against any of the Released Parties. Specifically, and without limitation, Plaintiff releases any and all claims Plaintiff might have under the Age Discrimination in Employment Act, the federal WARN Act and the California WARN Act, Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Equal Pay Act of 1963, the Genetic Information Nondiscrimination Act of 2008, Section 15(a)(3) of the Fair Labor Standards Act of 1938, the Labor-Management Relations Act of 1947, the Family and Medical Leave Act of 1993, the Uniformed Services Employment and Reemployment Rights Act of 1963, and all similar federal, state, or local laws specifically including, but not limited to, the California Fair Employment and Housing Act, the California Labor Code, the California Private Attorney General Act, the California Family Rights Act, and the California Xxxxx Civil Rights Act. Plaintiff also agrees not to bring any action against any of the Released Parties under California law for claims such as wrongful termination, retaliation (whether arising in tort, in violation of a statutory protection, or otherwise), breach of contract, breach of the covenant of good faith and fair dealing, infliction of emotional distress, or any and all other constitutional, common law, statutory, or applicable claims. It is Plaintiff’s intention to settle fully and release all of the claims she now has against the Released Parties, whether known or unknown, suspected or unsuspected. The Class Representative Incentive Payment shall be paid to Plaintiff specifically in exchange for the general release of the Released Parties from all claims set forth in this Agreement, including those specified in this paragraph. Plaintiff expressly waives the protections and any and all benefits 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 O...
Release by Class Representative. The Class Representative hereby does release any and all claims, demands, or causes of action of any nature which he has or may have against WESTLAKE, and any of WESTLAKE’s present and former parents, subsidiaries, “d/b/a names” and fictitious business names, its/their officers, directors, attorneys, accountants, agents, representatives, employees, heirs, insurance carriers, predecessors, affiliates, agents, or successors in interest that arose before the Effective Date of this Agreement. The release is intended to be a general one covering all existing claims or demands of any nature whatsoever. The release includes, but is not limited to, claims arising out of or relating to any facts asserted on their behalf in the Action, including, without limitation, any claims arising out of or relating to the Class Representative’s Account, retail installment sale contracts, Conditional Sale Contracts, NOIs, Deficiency Balances, collection activity, and credit reporting of Class Representative’s Accounts. The Class Representative expressly understands and acknowledges that it is possible that unknown losses or claims exist or that present losses may have been underestimated in amount or severity. The Parties to this Agreement explicitly took that possibility into account in entering into this Agreement. A portion of the consideration has been bargained for between the Parties to this Agreement with the knowledge of the possibility of such unknown losses or claims and was given in exchange for a full accord, satisfaction, and discharge of all such losses or claims. Consequently, the Class Representative for himself, expressly waives all rights under California Civil Code § 1542, which provides: 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.
