RELEASE OF CLAIMS Class Member Release Sample Clauses

RELEASE OF CLAIMS Class Member Release. If you are eligible and participate in the settlement by submitting a claim form, then, as part of this settlement (subject to Court approval), you will release the following claims against TransAm Trucking, Inc., Olathe Noble Equipment Leasing, Inc. (a/k/a ONE Leasing), and Xxxxxxxx Holdings: All claims that were brought on behalf of the classes of which you are a part in the Third Amended Complaint filed in this case, Xxxx Xxxxxxx, et al. v. TransAm Trucking, Inc. et al., D. Kan. Civil Action No. 2:21-cv-02073-JWB-GEB. There are seven claims in the Third Amended Complaint which are covered by this release, specifically: (1) Count 1: a claim that TransAm should have paid at least the federal minimum wage for all time spent in orientation in Rockwall, Texas and/or Tampa, Florida under the federal Fair Labor Standards Act; (2) Count 2: a claim that TransAm should have paid at least the Florida minimum wage for all time spent in orientation in Tampa, Florida under the federal Florida Minimum Wage Act; (3) Count 3: a claim that Defendants violated the Kansas Consumer Protection Act in their representations and actions relating to lease drivers; (4) Count 4: a claim that Defendants have violated the Kansas Wage Payment Act in connection with their classification and compensation of lease drivers; (5) Count 5: a claim that Defendants have violated the Fair Labor Standards Act in connection with their classification and compensation of lease drivers; (6) Count 6: a claim that Defendants have violated the Fair Labor Standards Act in connection with their compensation of company drivers; (7) Count 7: a claim that Defendants have violated the federal Truth-in-Leasing regulations in connection with their lease agreements, deductions from compensation, and treatment of escrow funds as to lease drivers. A copy of the Third Amended Complaint is available at xxxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/insert and/or by contacting the Settlement Administrator at the contact information in Section 7 below. You may also contact Class Counsel (contact information in Section 8 below) for more information about the scope of claims in this case. If you are not part of any class or collective (including if you do not opt in to the Company Driver Orientation Claim and/or the Lease Driver Minimum Wage Claim), then this release would not cover those claims.
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Related to RELEASE OF CLAIMS Class Member Release

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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