Release of Released Claims Against Released Persons. (i) Upon the Effective Date, and in consideration of the payments of the amounts required under this Settlement Agreement and for other valuable consideration set forth in the Settlement Agreement, the Releasing Persons forever and absolutely release the Released Persons from the Released Claims, including but not limited to all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, and that are the subject of this Settlement Agreement. For the consideration provided herein, the Releasing Persons agree not to make any claim, or take or continue any proceedings arising out of or relating to the subject matter of the Released Claims, against any other person, corporation, or entity (including, without limitation, any health care professionals, health care providers, and hospitals or other health care facilities) that might claim damages and/or contribution and indemnity and/or other relief under the provisions of the civil law of Québec or other comparable provincial legislation and any amendments thereto, the common law, equity, civil law, or any other statute, code or regulation, for any relief whatsoever, including relief of a monetary, exemplary, declaratory, or injunctive nature, from one or more of the Released Persons. (ii) Without limiting any other provisions herein, each Class Member who did not timely opt out of the Québec Class, whether or not he or she submits a claim or otherwise receives an award, will be deemed by this Settlement Agreement to have completely and unconditionally released and forever discharged the Released Persons from any and all Released Claims, including all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, in the litigation that is the subject of this Settlement Agreement. (iii) Each Class Member, whether or not he or she submits a claim or otherwise receives a Claim Amount, will be forever barred and enjoined from continuing, commencing, instituting, prosecuting, or seeking to claim or recovering any compensation of any nature or kind in any action, litigation, investigation, or other proceeding in any court of law or equity, arbitration, tribunal, proceeding, governmental forum, administrative forum, or any other forum, directly, representatively or derivatively, or as a class member, asserting against any of the Defendants or Released Persons any claims that relate to or constitute any Released Claims covered by this Settlement Agreement.
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Samples: Settlement Agreement, Settlement Agreement
Release of Released Claims Against Released Persons. (i) Upon the Effective Date, and in consideration of the payments of the amounts required under this Settlement Agreement and for other valuable consideration set forth in the Settlement Agreement, the Releasing Persons forever and absolutely release the Released Persons from the Released Claims, including but not limited to all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, and that are the subject of this Settlement Agreement. For the consideration provided herein, the Releasing Persons agree not to make any claim, or take or continue any proceedings arising out of or relating to the subject matter of the Released Claims, against any other person, corporation, or entity (including, without limitation, any health care professionals, health care providers, and hospitals or other health care facilities) that might claim damages and/or contribution and indemnity and/or other relief under the provisions of the civil law of Québec Negligence Act or other comparable provincial legislation and any amendments thereto, the common law, equity, Quebec civil law, or any other statute, code or regulation, for any relief whatsoever, including relief of a monetary, exemplary, declaratory, or injunctive nature, from one or more of the Released PersonsReleasees.
(ii) Without limiting any other provisions herein, each Class Member who did does not timely affirmatively opt out of the Québec ClassBC Proceeding (and does not revoke the opt-out election by filing a Claim Form before the expiration of the Claims Period applicable to such Class Member) or who Opts In, as applicable, whether or not he or she submits a claim or otherwise receives an award, will be deemed by this Settlement Agreement to have completely and unconditionally released and forever discharged the Released Persons from any and all Released Claims, including all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, in the litigation that is the subject of this Settlement Agreement.
(iii) Each Class Member who does not affirmatively opt out of the BC Proceeding (and does not revoke the opt-out election by filing a Claim Form before the expiration of the Claims Period applicable to that Class Member) or who opts in, as applicable, whether or not he or she submits a claim or otherwise receives a Claim Amountan award, will be forever barred and enjoined from continuing, commencing, instituting, prosecuting, or seeking to claim or recovering any compensation of any nature or kind in any action, litigation, investigation, or other proceeding in any court of law or equity, arbitration, tribunal, proceeding, governmental forum, administrative forum, or any other forum, directly, representatively or derivatively, or as a class member, asserting against any of the Defendants or Released Persons any claims that relate to or constitute any Released Claims covered by this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Release of Released Claims Against Released Persons. (i) Upon the Effective Date, and in consideration of the payments of the amounts required under this Settlement Agreement and for other valuable consideration set forth in the Settlement Agreement, the Releasing Persons forever and absolutely release the Released Persons from the Released Claims, including but not limited to all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, and that are the subject of this Settlement Agreement. For the consideration provided herein, the Releasing Persons agree not to make any demand or claim, or take or continue any proceedings arising out of or relating to the subject matter of the Released Claims, against any other person, corporation, or entity (including, without limitation, any health care professionals, health care providers, and hospitals or other health care facilities) that might claim damages and/or contribution and indemnity and/or other relief under the provisions of the civil law of Québec Negligence Act or any other comparable provincial legislation and any amendments thereto, the common law, equity, Quebec civil law, or any other statute, code or regulation, for any relief whatsoever, including relief of a monetary, exemplary, declaratory, or injunctive nature, from one or more of the Released Persons.
(ii) Without limiting any other provisions herein, each Class Member who did not timely opt out of the Québec ASR Class, whether or not he or she he/she/they submits a claim or otherwise receives an award, will be deemed by this Settlement Agreement to have completely and unconditionally released and forever discharged the Released Persons from any and all Released Claims, including all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever that were asserted, or could have been asserted, in the litigation that is the subject of this Settlement Agreement.
(iii) Each Class Member, whether or not he or she he/she/they submits a claim or otherwise receives a Claim Amount, will be forever barred and enjoined from continuing, commencing, instituting, prosecuting, or seeking to claim or recovering any compensation of any nature or kind in any action, litigation, investigation, or other proceeding in any court of law or equity, arbitration, tribunal, proceeding, governmental forum, administrative forum, or any other forum, directly, representatively or derivatively, or as a class member, asserting against any of the Defendants or Released Persons any claims that relate to or constitute any Released Claims covered by this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement