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 Safety Code section 1599.1(a) (collectively, the “1430(b) Claims”), or RICO claims), regulation, or common law, whether in arbitration, regulatory, administrative, or judicial proceedings, whether as individual claims or as part of a class of claims or claims on behalf of the general public or a subset thereof, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, fixed or contingent, liquidated or unliquidated, which may presently exist or may hereafter arise or become known, for or by reason of any act, omission, event, transaction, matter or cause whatsoever during the Class Period, directly or indirectly related to or arising from the matters that were alleged or asserted, or could have been alleged or asserted in the Plaintiffs’ Action; provided, however, that no Plaintiff, or any of them, is waiving any claim for personal injuries, emotional injuries, physical injuries, or wrongful death (coll...
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. Conditioned upon the Court’s entry of the Final Approval Order, and in exchange for the monetary consideration recited in this Agreement, all Collective Action Members, IL Class Members who do not opt-out, and Pre- Mediation Settling Collective Action Members, shall release Releasees from: (i) all federal and state wage claims during the Class Period including overtime pay under the FLSA or any state wage and hour law, whether known or unknown, that were or could have been asserted in the Litigation or this matter, arising out of that Class Member’s weeks worked as an AM paid as exempt during that period of time; and (ii) all claims for wages, penalties, liquidated damages, interest, attorneys’ fees, costs or litigation expenses based on the claims listed in (i) above during the Class Period, except that IL Class Members who do not endorse their individual settlement check will not release any FLSA claim for overtime or minimum wage. The claims being released are referred to in this Agreement as “Released Claims.” The parties agree that the only claims released are the Released Claims, and a Plaintiffs’ assertion and release of Released Claims shall have no collateral estoppel, claim splitting, res judicata, waiver, or other claim preclusion effect as to claims not explicitly released herein (including, for IL Class Members who do not endorse their individual settlement checks, FLSA claims).
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.
Release by Plaintiffs. Effective only upon the completed delivery of 100% of the stock provided for in paragraph 3 above, Plaintiffs, for themselves, their heirs, successors and assigns, will release and forever discharge Defendants, their officers, directors, employees, agents, attorneys, successors, assigns, heirs, executors and administrators, and each of them (collectively, "the Defendant Releasees") from any and all claims, demands, causes of action and liabilities of any kind and nature whatsoever, known and unknown, suspected and unsuspected, which Plaintiffs ever had, then have and thereafter can, shall or may have from the beginning of time to the effective date hereof including, but not limited to, any claims, demands, causes of action or liabilities that were asserted or could have been asserted in the Action.
Release by Plaintiffs. Except as otherwise expressly provided for and set forth in this Agreement, PLAINTIFFS, for themselves and their agents, successors, assigns, representatives and attorneys, and each of them, do hereby release and forever discharge DEFENDANTS, and their directors, officers, trustees, employees, agents and consultants acting in such capacity on behalf of or in the course of their duties for DEFENDANTS, and each of them, from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, losses, costs, or expenses of any nature whatsoever, whether known or unknown, fixed or contingent, which PLAINTIFFS have or may hereafter have against DEFENDANTS, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date hereof; provided, however, that this release shall have no effect with respect to the License Agreement of June 23, 1989 between LIGAND and FOUNDATION, and this release, while applicable to claims for breach of, and to all events relating to, the Compound Evaluation Agreement occurring before the effective date, does not affect the rights and obligations of SRI and LIGAND under the Compound Evaluation Agreement to the extent provided under Article 4 of this Agreement. The matters released pursuant to this Section 3.01 are herein referred to as "Plaintiff's Released Claims."
Release by Plaintiffs. In consideration of Plaintiffs’ awarded Class Representative Service Payments, Plaintiffs’ Individual Class Payment, and the other terms and conditions of the Settlement, as of the date the Settlement becomes Final and is fully funded, each named Plaintiff, Xxxxxxx Xxxxxx, Xxxxxxxx Xxxxxxx, Xxxx Xxxxxx, and Xxxxxxx Xxxxxx, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release any and all known and unknown claims, including but not limited to those raised in the Lawsuit, and those arising from or related to his or her employment with Xxxxxxx that arose on or before the date each signs this agreement against Xxxxxxx and the Released Parties. Expressly excluded from Plaintiffs’ release are any claims for workers' compensation benefits, unemployment insurance benefits, and any other claims that cannot be released by law. Plaintiffs agree and understand that Xxxxxxx and Plaintiffs have had a bona fide dispute regarding, inter alia, wages owed. Plaintiffs also waive all rights they might have based on any unknown and undiscovered facts. They also waive all rights in 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 OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The Plaintiffs shall be deemed to have acknowledged that this Settlement Agreement is intended to waive and release all released claims that each does not know or suspect to exist in his/her favor at the time of the approval of this Settlement Agreement.
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. In exchange for the consideration described herein, Plaintiffs, on their own behalves, and on behalf of each organizational Plaintiff’s officers, directors, successors and assignees, do hereby fully release, acquit, and discharge Defendants and their principals, predecessors, successors, employees, agents and assignees, from any and all claims, rights, relief including those at law or in equity, liabilities and causes of action, whether known or unknown, of every kind, nature and character, which Plaintiffs have or ever had against Defendants which concern or pertain to the U.S. citizenship requirement for the application and issuance of CCWs with the County of Riverside, as it has been maintained and administered by the Riverside County Sheriff’s Department. Except as set forth in this Agreement, the Plaintiffs hereby release and waive any claims for damages, or other amounts due and owing, including: consequential damages, compensatory damages, general, special, or actual damages, exemplary, punitive and/or statutory damages or civil penalties, attorney’s fees (not otherwise provided for herein), expert fees, costs of suit, prejudgment interest, or any other legal or equitable relief of any kind, type or nature arising from any prior policy of the Defendants requiring U.S. Citizenship for the application and/or issuance of CCWs in the County of Riverside.
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:
