Common use of Release by Defendant Clause in Contracts

Release by Defendant. “Grande’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that any of the Released Defendant Parties may have against Plaintiff, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Action or the Released Plaintiff’s Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Released Defendant Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged Plaintiff, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of the Grande’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of Grande’s Released Claims; and (iii) agree and covenant not to sue on the basis of any of Grande’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of Grande’s Released Claims.

Release by Defendant. “GrandeElixir’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that any of the Released Defendant Parties Elixir and its predecessors, successors, parents, subsidiaries, members, as well as their respective present and former officers, directors, members, shareholders, managers, employees, attorneys, agents and other representatives (“Elixir Parties”) may have against Plaintiff, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Action or the Released Plaintiff’s Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Released Defendant Elixir Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged Plaintiff, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of the GrandeElixir’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of GrandeElixir’s Released Claims; and (iii) agree and covenant not to sue on the basis of any of GrandeElixir’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of GrandeXxxxxx’s Released Claims.

Release by Defendant. “GrandeR+F’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that any of the Released Defendant Parties may have against PlaintiffPlaintiffs, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Action Actions or the Released Plaintiff’s Plaintiffs’ Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Released Defendant Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged PlaintiffPlaintiffs, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of the GrandeR+F’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of GrandeR+F’s Released Claims; and (iii) agree and covenant not to sue xxx on the basis of any of GrandeR+F’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of GrandeR+F’s Released Claims.

Release by Defendant. “GrandeR+F’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that any of the Released Defendant Parties may have against PlaintiffPlaintiffs, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Action Actions or the Released Plaintiff’s Plaintiffs’ Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Released Defendant Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged PlaintiffPlaintiffs, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of the GrandeR+F’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of GrandeR+F’s Released Claims; and (iii) agree and covenant not to sue on the basis of any of GrandeR+F’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of GrandeR+F’s Released Claims.