Common use of Release of Releasees Clause in Contracts

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 9 contracts

Samples: Settlement Agreement, Settlement Agreement, Class Action Settlement Agreement

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Release of Releasees. (1) Upon the Effective Date, subject to Section 6.35.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 5.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-co- conspirators that are not Releasees.

Appears in 5 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the The releases granted pursuant to the present this Section 7.1 shall be deemed partial for complete releases only as regards to the purposes of Releasees pursuant to article 1687 and following of the Civil Code of Quebec, Quebec and shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 3 contracts

Samples: National Settlement Agreement, Settlement Agreement, National Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members pursuant to article 1690 of the Civil Code of Quebec against the Non-Settling Defendants or unnamed alleged co-co- conspirators that are not Releasees.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.35.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases release granted pursuant to the present this Section 5.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or any unnamed alleged co-co- conspirators that are not Releasees.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members pursuant to article 1690 of the Civil Code of Quebec against the Non-Settling Defendants or unnamed alleged co-co- conspirators that are not Releasees.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 7.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 2 contracts

Samples: National Settlement Agreement, Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the The releases granted pursuant to the present this Section 6.1 shall be deemed partial for complete releases only as regards the purposes of Releasees pursuant to article 1687 and following of the Civil Code of Quebec, Quebec and shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members against the Non-Non- Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: National Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that that, after the Date of Execution they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section 6.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and members of the Quebec Settlement Class Members who are resident in Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members against the Non-Non- Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: National Settlement Agreement

Release of Releasees. β€Œ (1) Upon the Effective Date, subject to Section 6.36.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the The releases granted pursuant to the present this Section 6.1 shall be deemed partial for complete releases only as regards to the purposes of Releasees pursuant to article 1687 and following of the Civil Code of Quebec, and shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Non- Settling Defendants or unnamed alleged co-conspirators that are not Releasees.Releasees.β€Œ

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 6.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

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Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases release granted pursuant to the present Section 6.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are resident in Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 7.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: National Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 7.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff Plaintiffs and of the Quebec Settlement Class Members against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: National Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.37.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: National Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 6.1 shall be deemed partial for complete releases only as regards to the purposes of Releasees pursuant to article 1687 and following of the Civil Code of Quebec, Quebec and shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees...

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present this Section 6.1 shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.3, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the releases granted pursuant to the present Section shall be deemed partial for the purposes of article 1687 and following of the Civil Code of Quebec, shall enure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff Plaintiffs and of the Quebec Settlement Class Members pursuant to article 1690 of the Civil Code of Quebec against the Non-Settling Defendants or unnamed alleged co-co- conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

Release of Releasees. (1) Upon the Effective Date, subject to Section 6.35.2, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release and forever discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have. (2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts. (3) Notwithstanding any of the foregoing, the The releases granted pursuant to the present this Section 5.1 shall be deemed partial for the purposes of complete releases only as regards to Releasees pursuant to article 1687 and following of the Civil Code of Quebec, Quebec and shall enure inure only to the benefit of the Releasees and shall not preclude, foreclose or otherwise limit the rights of the Quebec Plaintiff and of the Quebec Settlement Class Members who are residents of Quebec against the Non-Settling Defendants or unnamed alleged co-conspirators that are not Releasees.

Appears in 1 contract

Samples: Settlement Agreement

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