Release of Claims by Settlement Class Members. (a) For and in consideration of the mutual promises contained herein, all Settlement Class Members3 who have not been excluded from the Settlement Class as provided in this Agreement, individually and on behalf of each Settlement Class Member’s heirs, estates, trustees, executors, administrators, representatives, agents, successors and assigns, and anyone claiming through him, her, or them or acting or purporting to act on his, her, or their behalf (collectively the “Settlement Class Members Releasors”), upon entry of final judgment, shall fully and finally release, relinquish, and discharge, with prejudice, the Releasees from all the “Settlement Class Members’ Released Claims” (as defined below). The “
Release of Claims by Settlement Class Members. Upon the Effective Date and full 8 funding of the Total Settlement Amount and employer share of taxes, Plaintiffs and all Class Members 9 who do not submit a valid and timely Request for Exclusion (i.e., Settlement Class Members) will be 10 deemed to have fully, finally and forever released, settled, compromised, relinquished, and discharged 11 the Released Parties of all Released Claims he or she may have or had.
Release of Claims by Settlement Class Members. For and in consideration of the mutual promises contained herein, Plaintiffs and the Settlement Class Members fully and finally release, as of the Effective Date, ACES and all of its parents, subsidiaries, predecessors, successors, and affiliates, and its and their respective officers, directors, employees, administrators, fiduciaries, trustees, and agents (collectively the “Releasees”), from any and all “Settlement Class Members’ Released Claims.” For the purposes of this Agreement, the Settlement Class Members’ Released Claims are defined as: Any and all claims, debts, liabilities, demands, obligations, guarantees, costs, expenses, attorneys’ fees or costs, damages, actions or causes of action which are reasonably related to the allegations and claims asserted in the operative Complaint filed in this action, including without limitation to, claims brought under the California Labor Code or Business & Professions Code (including Section 17200 et seq.), claims for restitution and other equitable relief, claims for unpaid wages, unpaid overtime wages, reimbursements or indemnifications, waiting time penalties, unfair business practices, failure to provide accurate wage statements, conversion or theft of labor, declaratory relief, accounting, injunctive relief, , claims for penalties of any nature whatsoever, or any other benefit claimed, on account of allegations and claims which are reasonably related to the allegations and claims asserted in the operative Complaint filed in this action. This release shall apply to all claims, known or unknown, arising at any point up to the entry of preliminary approval of the class Settlement. However, this release shall not apply to claims for workers’ compensation benefits, unemployment insurance benefits, or any other claim or right that as a matter of law cannot be waived or released.
Release of Claims by Settlement Class Members. Upon the court’s final approval of the class settlement and entry of Final Judgment, each Settlement Class Member shall be deemed to have released Defendant in the Xxxxx Action and all of their present and former parents, owners, subsidiaries, predecessors, successors, affiliates, and related entities or persons and each of their respective shareholders, officers, directors, employees, administrators, fiduciaries, trustees, attorneys, agents, and any other successors, assigns or legal representatives, benefit plans (collectively the “Releasees”), from any and all “Settlement Class Members’ Released Claims.” For the purposes of this Agreement, the Settlement Class Members’ Released Claims are defined as: Any and all federal, state and local demands, rights, liabilities, claims and/or causes of action, known or unknown, that are alleged in the Action, or could have been alleged in the Action based on Defendant’s alleged failure to provide meal and rest breaks or pay premium pay in lieu thereof, pay overtime wages, pay minimum wages, pay all wages during employment, pay all wages due to discharged employees, pay and track sick pay, furnish accurate itemized wage statements, maintain required employee records, and indemnify employees for business expenses, in violation of (among other laws) Labor Code sections 201-204, 210, 226, 226.3, 226.7, 246, 510, 512, 558, 1174, 1174.5, 1194, 1197, 1197.1, 1198, 2802, 2698-2699.5, any provision of the Industrial Welfare Commissions Orders, or California’s Unfair Competition Law.
Release of Claims by Settlement Class Members. Upon the Court’s final approval of the Settlement, entry of final judgment, and payment of required funds to Settlement Class Members, each Settlement Class Member shall be deemed to have released KOC, and all of its parents, subsidiaries, predecessors, successors, and affiliates, and all of their respective shareholders, officers, directors, employees, administrators, fiduciaries, trustees, agents, and benefit plans (collectively the “Releasees”), from any and all “Settlement Class Members’ Released Claims.” For the purposes of this Agreement, the Settlement Class Members’ Released Claims are defined as: those claims alleged in the operative First Amended Complaint, or that could have been alleged in the FAC based on the facts pled in the FAC, including but not limited to claims under Labor Code sections 201, 202, 203, 204, 210, 221, 226, 226.3, 226.8, 432.5, 558, 1174, 2802 and the California Business and Professions Code based on the foregoing (the “Released Claims”), as well as any civil penalty claims predicated on the claims alleged in the Complaint under PAGA based on the foregoing Labor Code provisions. The Release Period shall be the Settlement Period. Settlement Class Members will be deemed to have acknowledged and agreed that their claims for wages and/or penalties in the Action are disputed, and that their Individual Settlement Amount constitutes payment of all sums allegedly due to them. Settlement Class Members will be deemed to have acknowledged and agreed that California Labor Code Section 206.5 is not applicable to the Individual Settlement Amount. That section provides in pertinent part as follows: “An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made.”
Release of Claims by Settlement Class Members a. As of the Effective Date, Named Plaintiffs and all Settlement Class Members shall be deemed to have fully, finally, and forever released, settled, compromised, relinquished, and discharged any and all of the Released Parties of and from any and all Released Claims. As of the Response Deadline and until the deadline for Defendants to fully fund the Settlement in accordance with the terms of this agreement, all Settlement Class Members will be enjoined from pursing the Released Claims against the Released Parties, including with the Labor Commissioner or any other federal, state or local agency authorized to enforce any of the Released Claims.
Release of Claims by Settlement Class Members. 12 a. As of the Effective Date, Plaintiffs and all Settlement Class Members shall be 13 deemed to have fully, finally, and forever released, settled, compromised, relinquished, and discharged 14 any and all of the Released Parties of and from any and all Released Claims.
Release of Claims by Settlement Class Members. Upon the Court’s final approval of the Settlement, entry of final judgment, and payment of required funds to Settlement Class Members, each Settlement Class Member shall be deemed to have fully released and forever discharged Released Parties from the Release Claims for the Class Period.
Release of Claims by Settlement Class Members. All Settlement Class Members, on behalf of themselves and each of their heirs, representatives, successors, and assigns, shall fully, finally, irrevocably, unconditionally, and forever release, and discharge Defendants from all claims, actions, causes of action, administrative claims, demands, debts, damages, penalties, costs, interest, attorneys’ fees, obligations, judgments, expenses, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, which were asserted in the Complaint or which could have been asserted in this Action arising out of the factual allegations set forth in the Complaint and that are related to, or arise from, the employment of the Settlement Class by Defendants during the Class Period under the statutory or common law of California and/or any local law, statute, ordinance or regulation within the State of California.
Release of Claims by Settlement Class Members. (a) For and in consideration of the mutual promises contained herein, all Settlement Class Members who have not been excluded from the Settlement Class as provided in this Agreement, individually and on behalf of each Settlement Class Member’s heirs, estates, trustees, executors, administrators, representatives, agents, successors and assigns, and anyone claiming through him, her or them or acting or purporting to act on his, her or their behalf (collectively the “Settlement Class Members Releasor”), upon entry of final judgment, shall fully and finally release, relinquish, and discharge, with prejudice, the Releasees from all the “Settlement Class Members’ Released Claims”, and including a California Civil Code 1542 waiver as to these Settlement Class Members’ Released Claims. The Settlement Class Members’ Released Claims being released pursuant to this paragraph are defined as follows: any and all past, present or future claims, suits, actions, demands, causes of action, suits, debts, obligations, damages, rights, liabilities, guarantees, costs, expenses, attorneys’ fees and costs, penalties, prejudement interest, of any kind, nature and description whatsoever, including without limitation, claims whether known or unknown, existing or potential, recognized now or hereafter, expected or unexpected, which the Settlement Class Member Releasors have ever had or may hereafter may claim to have against the Releasees or any Releasee that are based on or reasonably related to the claims asserted in the Litigation and arising during the Class Period, including without limitation, whether based in contract or tort, common law or equity, federal, state or local law, statute, ordinance or regulation, any claims for compensatory, consequential, punitive or exemplary damages, statutory damages, penalties, interest, attorneys’ fees, costs or disbursements) and for any type of relief that can be released as a matter of law, the following claims based on or reasonably relating to claims asserted or alleged in Litigation: claims for unpaid compensation, wages (including claims for minimum wage, regular wages, overtime, final wages, calculation of the correct overtime or regular rate, pay information, payment dates, and meal period and rest period premiums), missed meal breaks, missed rest breaks, time- shaving, wage statements, erroneous recordkeeping or paperwork, misclassification, expense reimbursements, unpaid costs, litigation costs, damages, liquidated damages, puni...
