Common use of Release by Named Plaintiffs Clause in Contracts

Release by Named Plaintiffs. In addition to the releases made by the Class Members set forth in Section 2.9 above, effective upon entry of the Final Order and Judgment, Named Plaintiffs make the additional following general release of all claims, known or unknown. Upon entry of the Final Order and Judgment, the Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge the Released Parties, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent. In addition, Named Plaintiffs, and each of Named Plaintiffs’ successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: Named Plaintiffs fully understand that the facts on which the Settlement Agreement is to be executed may be different from the facts now believed by Named Plaintiffs and Plaintiffs’ Counsel to be true and expressly accept and assume the risk of this possible difference in facts and agrees that the Settlement Agreement will remain effective despite any difference in facts. Further, Named Plaintiffs agree that this waiver is an essential and material term of this release and the settlement that underlies it and that without such waiver the Settlement would not have been accepted.

Appears in 1 contract

Samples: Settlement Agreement

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Release by Named Plaintiffs. In addition to the releases made by the Class Members set forth in Section 2.9 2.11 above, effective upon entry of the Final Order and Judgment, Named Plaintiffs make the additional following general release of all claims, known or unknown. Upon entry of the Final Order and Judgment, the Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge the Released Parties, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent. In addition, Named Plaintiffs, and each of Named Plaintiffs’ successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: Named Plaintiffs fully understand that the facts on which the Settlement Agreement is to be executed may be different from the facts now believed by Named Plaintiffs and Plaintiffs’ Counsel to be true and expressly accept accepts and assume assumes the risk of this possible difference in facts and agrees that the Settlement Agreement will remain effective despite any difference in facts. Further, Named Plaintiffs agree that this waiver is an essential and material term of this release and the settlement that underlies it and that without such waiver the Settlement would not have been accepted.

Appears in 1 contract

Samples: Settlement Agreement

Release by Named Plaintiffs. In addition to the releases made by the Class Members set forth in Section 2.9 above, effective upon entry of the Final Order and Judgment, the Named Plaintiffs make the additional following general release of all past or present claims, known or unknown, against the Released Parties. Upon entry of the Final Order and Judgment, the Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge the Released Parties, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent. In addition, Named Plaintiffs, and each of Named Plaintiffs’ successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: Named Plaintiffs fully understand that the facts on which the Settlement this Agreement is to be executed may be different from the facts now believed by Named Plaintiffs and Plaintiffs’ Class Counsel to be true and expressly accept and assume the risk of this possible difference in facts and agrees agree that the Settlement Agreement will remain effective despite any difference in facts. Further, Named Plaintiffs agree that this waiver is an essential and material term of this release and the settlement this Agreement that underlies it and that without such waiver the Settlement this Agreement would not have been accepted.

Appears in 1 contract

Samples: Settlement Agreement

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Release by Named Plaintiffs. In addition to the releases made by the Class Members set forth in Section 2.9 2.8 above, effective upon entry of the Final Order and Judgment, Named Plaintiffs will make the additional following general release of all claims, known or unknown. Upon entry of the Final Order and Judgment, the Named Plaintiffs, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge the Released Parties, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent. In addition, Named Plaintiffs, and each of Named Plaintiffs’ successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: Named Plaintiffs fully understand that the facts on which the Settlement Agreement is to be executed may be different from the facts now believed by Named Plaintiffs and Plaintiffs’ Counsel to be true and expressly accept accepts and assume assumes the risk of this possible difference in facts and agrees that the Settlement Agreement will remain effective despite any difference in facts. Further, Named Plaintiffs agree that this waiver is an essential and material term of this release and the settlement that underlies it and that without such waiver the Settlement would not have been accepted.

Appears in 1 contract

Samples: Settlement Agreement

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