Release by Settlement Class Members. All Settlement Class Members, (other than those persons who have timely and properly filed a Valid Exclusion Request), on behalf of themselves and their agents, administrators, servants, employees, representatives, assigns, heirs, executors, trustees, joint venturers, partners, successors, predecessors and attorneys, and each of them (collectively the “Releasing Persons”), hereby jointly and severally release and discharge Defendant and all of its respective former, present and future direct and indirect parents, affiliates, subsidiaries, successors and predecessors and all of their respective former, present and future officers, directors, shareholders, indemnitees, employees, servants, attorneys, representatives, independent contractors, vendors, (including, but not limited to, XxxxxXxXxxxx.xxx, Velocify), successors, trusts, trustees, partners, associates, principals, divisions, insurers, members, representatives, brokers, consultants, heirs, and assigns (collectively the “Released Parties”) from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands from April 8, 2019 to June 7, 2019 arising out of facts asserted in, or claims alleged in the operative First Amended Complaint, including any claims for violation of Sections 632 and Section 632.7 of the IPA and any other federal, state or local statute, regulation, or common law relating to the recording of telephone calls. This release will become effective on the date the Defendant has rendered full payment in this matter to the class action administrator.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Settlement Class Members (except any such person who has filed a proper and timely Request for Exclusion) shall release and forever discharge, and shall be forever barred from asserting, instituting or maintaining against any or all of the Released Persons, any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities whether legal, equitable, or otherwise, relating in any way to the claims asserted or the factual allegations made in the Action, including without limitation the allegations that the Settlement Class Products (i) are defective, and (ii) were misleadingly marketed as durable garden hoses, and/or in any other way (collectively, the “Claims”). With respect to the Claims released pursuant to this paragraph, each Settlement Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States of America or any state or territory thereof, or of the common law or civil law). Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. However, this definition expressly excludes claims for personal injury. The Parties hereby agree and acknowledge that this waiver is an essential term of this Agreement without which the consideration given herein by Defendant on behalf of all Released Persons would not have been given. Each and every term of this paragraph shall inure to the benefit of each and all of the benefit of each and all of the Released Persons, and each and all of their respective successors and personal representatives, which persons and entities are intended to be beneficiaries of this paragraph.
Release by Settlement Class Members. Effective as of the Final Settlement Approval Date, each and all of the Releasing Parties shall release and forever discharge, and shall be forever be barred from asserting, instituting or maintaining against any or all of the Released Persons or Released Parties, any and all of the Released Claims.
Release by Settlement Class Members. 1. In accordance with the provisions of the Final Order, for good and sufficient consideration, the receipt of which is hereby acknowledged, upon the Effective Date Plaintiffs and each Settlement Class Member who receives money from the Settlement Fund shall be deemed to have, and by operation of the Final Order shall have, fully, finally and forever released, relinquished and discharged all Released Claims against the Released Parties.
Release by Settlement Class Members. Aggrieved Employees, and Plaintiff. Plaintiff, every member of the Settlement Class (except those who opt out), and Aggrieved Employees will release and discharge Defendant, as follows:
Release by Settlement Class Members. All Settlement Class Members, (other than those persons who have timely and properly filed a Valid Exclusion Request), on behalf of themselves and their agents, administrators, servants, employees, representatives, assigns, heirs, executors, trustees, joint venturers, partners, successors, predecessors and attorneys, and each of them (collectively the “Releasing Persons”), hereby jointly and severally release and discharge Defendant and all of its respective former, present and future direct and indirect parents, affiliates, subsidiaries, successors and predecessors and all of their respective former, present and future officers, directors, shareholders, indemnitees, employees, servants, agents, attorneys, representatives, independent contractors, successors, trusts, trustees, partners, associates, principals, divisions, insurers, members, agents, representatives, brokers, consultants, heirs, assigns and vendors (collectively the “Released Parties”) from any and all actions, causes of action, obligations, costs, expenses, damages, losses, claims, liabilities, and demands, of whatever character, known or unknown, to the date hereof, arising out of, relating to, or in connection with specifically receiving an outbound call from Defendant or one of its venders, without having notice that the call was being recorded, during the Class Period, including, but not limited to, claims for violation of Sections 632 and Section 632.7 of the IPA and any other federal, state or local statute, regulation, or common law relating to the recording of telephone calls. For avoidance of doubt, “Released Parties” also includes any representatives or facilities that made calls on behalf of the Released Parties during the Class Period. This release will only take effect after Defendant has paid all sums contemplated by this Settlement Agreement.
Release by Settlement Class Members. All Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, premium or causes of action of whatever kind or nature, whether known or unknown, contingent or accrued, and irrespective of theory of recovery, that were or could have been reasonably brought based on the facts or claims alleged in the Operative Complaint, arising during the Class Period, irrespective of recovery. The released claims include, but are not limited to, claims for any alleged failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business-related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely during employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. The above release excludes claims for penalties under PAGA.
Release by Settlement Class Members. All Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from the Released Class Claims. Settlement Class Member.
Release by Settlement Class Members. All Settlement Class members who do not opt-out will release and discharge Defendant from any and all claims that were pled in the Action, or which could have been pled in the Action based on the factual allegations in the Action, with the exception of the PAGA Claims addressed separately in Paragraph 2.B. below, that arose during the Class Period (“Released Claims”). This release shall run from April 1, 2016 to February 15, 2021.
Release by Settlement Class Members. All Settlement Class members who do not opt-out will release and discharge the Released Parties from all claims and causes of action alleged or which could have reasonably been alleged based on the allegations in the operative complaint in the Action, including: (i) minimum wage violations; (ii) overtime violations; (iii) meal period violations; (iv) rest period violations; (v) unlawful deductions from wages; (vi) wage statement violations;
