Release by Plaintiffs. In consideration of the recitals, covenants, promises, actions, undertakings and conditions contained in this Agreement, each of the Plaintiffs, for themselves and for their respective members, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, employees, heirs, trusts, trustees, contingent or remainder beneficiaries, settlors of trusts, representatives, agents, principals, attorneys, successors and assigns, whether past, present or future (collectively, the “Plaintiff Releasing Parties”), hereby releases, remises, acquits, and forever discharges AIA and its members, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, employees, heirs, trusts, trustees, contingent or remainder beneficiaries, settlors of trusts, representatives, agents, principals, attorneys, successors and assigns, whether past, present or future (collectively, the “Plaintiff Released Parties”), from any and all Claims that such Plaintiffs now have or ever had from the inception of time through the Effective Date, based upon, related to, or directly or indirectly arising from, out of or in connection with, Claims that were asserted in the Litigation, or which could have been asserted in the Litigation (subject only to the limited exclusion set forth in Section 5 hereof preserving for the Mayo Foundation the right to assert specified Claims against AIA). Nothing in this paragraph shall be interpreted as releasing AIA from obligations arising under and set forth in this Agreement and from claims or causes of action arising out of any breach of those obligations.
Release by Plaintiffs. A. On the Effective Date, if it occurs, except for the obligations arising under this Settlement Agreement and as necessary to enforce the terms of this Settlement Agreement, the Plaintiffs, and each of them, on behalf of themselves and on behalf of each of their respective former, present and future joint ventures, partnerships, partners, principals, agents, employees, predecessors, successors, assigns, heirs, estates, executors, trustees, administrators and representatives, hereby fully and forever waive, relinquish, release and discharge the Defendants, and each of them, and each of their former, present and future joint ventures, partnerships, parent and subsidiary affiliate corporations, related companies by common ownership, partners, principals, agents, employees, stockholders, officers, directors, managers, predecessors, successors, assigns, heirs, estates, executors, administrators, representatives and attorneys (which foregoing entities and individuals are collectively referred to herein as the “Defendant Released Parties”), of and from, without limitation, any and all claims, demands, controversies, damages, actions, causes of action, debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), indemnities, obligations and losses of every kind or nature whatsoever, including, without limitation, in contract, in tort, statute (including, but not limited to Health and Safety Code section 1430(b) claims based on violations of Health and Safety Code section 1276.5 or Health and
Release by Plaintiffs. Plaintiffs, and each of them, on behalf of themselves and their respective current and former agents, representatives, spouses, owners, principals, members, shareholders, partners, officers, directors, parents, affiliates, subsidiaries, attorneys, managers, employees, heirs, predecessors, successors and assigns, hereby release and forever compromise, settle, and discharge Defendants and their respective current and former agents, representatives, spouses, owners, principals, members, shareholders, partners, officers, directors, parents, affiliates, subsidiaries, attorneys, managers, employees, heirs, predecessors, successors and assigns, of and from any and all claims or causes of action, obligations, agreements, debts, demands, liabilities, losses, damages, and rights of every kind and nature whatsoever, whether at law or in equity, known or unknown, that they or any of them had, have, or may have, from the beginning of time to the Effective Date, including, without limitation, all claims or causes of action that were asserted or could have been asserted in the Actions or Arbitrations, or arising out of or related in any way to the Franchise Agreements or the operation of their respective Stores.
Release by Plaintiffs. 22 A. On the Effective Date, if it occurs, except for the obligations arising under this 23 Settlement Agreement and as necessary to enforce the terms of this Settlement Agreement, the 24 Plaintiffs, and each of them, on behalf of themselves and on behalf of each of their respective 25 former, present and future joint ventures, partnerships, partners, principals, agents, employees, 26 predecessors, successors, assigns, heirs, estates, executors, trustees, administrators and 27 representatives, hereby fully and forever waive, relinquish, release and discharge the Defendants, 28 and each of them, and each of their former, present and future joint ventures, partnerships, parent 1 and subsidiary affiliate corporations, related companies by common ownership, partners, principals, 2 agents, employees, stockholders, officers, directors, managers, predecessors, successors, assigns, 3 heirs, estates, executors, administrators, representatives and attorneys (which foregoing entities and 4 individuals are collectively referred to herein as the “Defendant Released Parties”), of and from, 5 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 6 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 7 indemnities, obligations and losses of every kind or nature whatsoever, including, without 8 limitation, in contract, in tort, statute (including, but not limited to Health and Safety Code 9 section 1430(b) claims based on violations of Health and Safety Code section 1276.5 or Health and
Release by Plaintiffs. In light of Plaintiffs’ Class Representative Incentive Awards (discussed below), Plaintiffs have agreed to release, in addition to the Class Released Claims and PAGA Released Claims described above, all claims, whether known or unknown, under federal or state law, against all Released Parties through the date this Settlement is signed by Plaintiffs (“Plaintiffs’ Released Claims”). Plaintiffs understand that this release includes unknown claims and that they are, as a result, waiving all rights and benefits afforded by Section 1542 of the California Civil Code, 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. Specifically excluded from Plaintiffs’ Released Claims are any claims that cannot be released as a matter of law, such as claims for workers’ compensation benefits or unemployment benefits.
Release by Plaintiffs. In light of Plaintiffs’ Class Representative Enhancement Awards (described below), Plaintiffs, for themselves and none other, have agreed, in addition to the Class Released Claims described above, to provide a general release to Mission Produce, by which they release all claims, whether known or unknown, under federal law or state law, against Mission Produce, arising at any time on or before the date this Settlement Agreement is executed by Plaintiffs (“Plaintiffs’ Released Claims”). The Parties understand and agree that Plaintiffs are not, by way of this release or anything else in this Settlement Agreement, releasing or settling any workers’ compensation claims or any other claims which cannot be released as a matter of law, and such claims are expressly excluded from Plaintiffs’ Released Claims. Plaintiffs understand that this release includes unknown claims and that Plaintiffs are, as a result, waiving all rights and benefits afforded by Section 1542 of the California Civil Code, 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.
Release by Plaintiffs. In consideration of the promises, agreements, and covenants of the Parties, and subject to the approval of the terms and conditions of this Agreement by the Orange County Board of Supervisors, Plaintiffs, on behalf of themselves and their present and former parents, subsidiaries, affiliates, officers, directors, shareholders, members, successors, and assigns (collectively, “Releasors”) hereby release, waive, and forever discharge Defendants and the Board of Supervisors, their present and former subsidiaries, affiliates, employees, officers, directors, shareholders, members, agents, representatives, successors, and assigns (collectively, “Releasees”) from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, obligations, costs, expenses, covenants, controversies, agreements, promises, damages, claims, and demands, of any kind and nature whatsoever, whether known or unknown, matured or unmatured, suspected or unsuspected, in law or equity (collectively, the “Released Claims”), which Releasors ever had, now have, or hereafter can, shall, or may have against Releasees relating to, arising out of, or concerning the Actions and this Agreement.
Release by Plaintiffs. Plaintiffs forever discharge and release Stanford, and each of Stanford’s affiliates and successors-in-interest, and its and their trustees, directors, employees, faculty, students, officers, attorneys, agents, insurers, and contractors providing services in connection with Stanford’s operations, from any and all claims, causes of action, or obligations relating to the facts alleged giving rise to the claims made in Plaintiffs’ First Amended Complaint arising prior to the Effective Date, including without limitation any claims that Plaintiffs have asserted or could assert based on the facts alleged in the Complaints. Plaintiffs represent that they are not currently aware of any other claims they may have against the Stanford releasees described herein.1
Release by Plaintiffs. Plaintiffs shall be bound by a complete and general release of claims as to Defendant, and shall also be bound by a Section 1542 release and waiver of all claims known and unknown. Notwithstanding the foregoing, the waiver and release in this agreement does not apply to: (i) those rights as a matter of law that cannot be waived, including, but not limited to, workers’ compensation claims; (ii) rights or claims arising out of this MOU after this Agreement is executed by Plaintiffs; and
Release by Plaintiffs. Each of PLAINTIFFS, in consideration of the aforesaid recitals and agreements, and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby release and forever discharge for himself, herself or itself, and any claiming through him, her or it, the RELEASEES, in both their official and personal capacities, and all of the RELEASEES’ agents, employees, agencies, departments, directors, officers, members, from any and all claims, contracts, complaints, demands, damages, lawsuits, obligations, promises, administrative actions, charges, and causes of action, both known and unknown, of any kind whatsoever, that PLAINTIFFS, collectively and/or individually, ever had, have now, or may have in the future, based on or relating to any act, omission or occurrence related to the Xxxxx Facebook Page and/or Social Media Policy that took place prior to the date of this Agreement; all matters alleged in, related to or arising from the Lawsuit; and all claims asserted in, or that could have been asserted in, the Lawsuit, including claims for attorneys’ fees and costs.
