Common use of Released Claims of Settlement Class Clause in Contracts

Released Claims of Settlement Class. Each member of the Settlement Class, as well as their respective family members, executors, representatives, adminstrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co-mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf other than the Named Plaintiff, shall, by operation of the Final Order, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons from any and all claims, actions, causes of action, suits, defenses, debts, sums of money, payments, obligations, reckonings, promises, damages, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the past, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulations, contract, common law, or any other source, that were or could have been sought or alleged in the Litigation or that relate, concern, arise from, or pertain in any way to the Released Persons’ conduct, policies, or practices concerning Shellpoint’s placement of LPI Policies or to the receipt or disclosure or nodisclosure of charges related to the advanching of LPI premiums during the Settlement Class Period, including but not limited to conduct, policies or practices concerning LPI Policies or to charges for Shellpoint’s Placement of LPI Policies during the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that any present losses may have been underestimated in amount or severity.

Released Claims of Settlement Class. Each Upon Final Approval, each member of the Settlement Class, as well as including the Plaintiff, and their respective family memberspresent, former, or future executors, representatives, adminstrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trusteesadministrators, successors, predecessors, joint tenantsagents, tenants in commonparent entities, tenants by the entiretysubsidiaries, co-mortgagorsdivisions, co-obligorsrelated entities, co-debtorsaffiliates, partners, limited partners, general partners, members, owners, investors, principals, employees, officers, directors, executive directors, managing directors, advisors of any kind, attorneys, agents servants, subrogees, indemnitors, insurers, heirs, personal or legal representatives, trusts, family member, and assigns, and all those any other person or entity who claim has the right, ability, standing, or capacity to assert, prosecute, or maintain on behalf of or through them or who assert claims (or could assert claims) on their behalf other than any member of the Named PlaintiffSettlement Class in such capacity only, shallshall be deemed to have, and by operation of the Final OrderJudgment shall have, be deemed to have fully, conclusively, irrevocably, forever, forever and finally resolved, released, relinquished, waived and discharged the Released Persons from any and all claims, actions, causes of action, third-party claims, cross-claims, counterclaims, suits, defensesobligations, debts, sums of moneydemands, payments, obligations, reckoningsagreements, promises, liabilities, damages, penaltiescharges, attorney’s losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever (including expert fees and costs, liens, judgments, disbursements of counsel and demands of any kind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the pastother professionals), whether in arbitrationbased on any federal law, administrativestate law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or judicial proceedingsdeclaratory ruling), common law or equity, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, whether based on federal, state, arising in equity or local law, statute, ordinance, regulations, under the law of contract, common lawtort, malpractice, statutory breach, or any other sourcelegal right or duty, whether direct, individual, representative, or in any other capacity, whether class or individual in nature, and to the fullest extent that the law permits their release in the Action, as of the date of Final Approval, that were relate to or could have been sought arise out of ECA’s use of equipment or alleged in the Litigation methods to contact or that relate, concern, arise from, or pertain in any way attempt to the Released Persons’ conduct, policies, or practices concerning Shellpoint’s placement of LPI Policies or to the receipt or disclosure or nodisclosure of charges related to the advanching of LPI premiums contact Settlement Class Members by telephone during the Settlement Class PeriodPeriod (the “Released Claims”). For the avoidance of doubt, including but not limited the Released Claims include claims relating to conduct, policies or practices concerning LPI Policies arising out of the equipment or method used to charges for Shellpoint’s Placement of LPI Policies during the contact or attempt to contact Settlement Class Period. In agreeing to this ReleaseMembers by telephone by ECA or any person allegedly or purportedly acting through, Named Plaintiff explicitly acknowledgeson behalf of, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that any present losses may have been underestimated in amount or severityfor ECA.

Released Claims of Settlement Class. Each Upon Final Approval, each member of the Settlement Class, as well as their respective family members, executors, representatives, adminstrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co-mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf other than the Named Plaintiff, Class shall, by operation of the Final OrderJudgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, actions, causes of action, suits, defensesobligations, debts, sums of moneydemands, payments, obligations, reckoningsagreements, promises, liabilities, damages, penaltieslosses, attorney’s fees and controversies, costs, liens, judgments, expenses and demands attorneys’ fees of any kind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the pastnature whatsoever, whether in arbitrationbased on any federal law, administrativestate law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or judicial proceedingsdeclaratory ruling), common law or equity, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federalasserted or unasserted, stateforeseen or unforeseen, actual or local lawcontingent, statuteliquidated or unliquidated, ordinancepunitive or compensatory, regulations, contract, common law, or any other sourceas of the date of Final Approval, that were relate to or could have been sought arise out of Ocwen’s alleged use of equipment or alleged in the Litigation methods to contact or that relate, concern, arise from, attempt to contact Settlement Class Members by telephone for servicing or pertain in any way to the Released Persons’ conduct, policies, or practices concerning Shellpoint’s placement of LPI Policies or to the receipt or disclosure or nodisclosure of charges related to the advanching of LPI premiums debt collection purposes during the Settlement Class Period, including but not limited to conductclaims that relate to or arise out of Ocwen’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act. Without in any way limiting their scope, policies the Released Claims cover by example and without limitation, any and all claims for attorneys’ fees, costs, expert fees, or practices concerning LPI Policies consultant fees, interest, or litigation fees, or any other fees, costs, and/or disbursements incurred by Class Counsel, Plaintiff, or any Settlement Class Members in connection with or related in any manner to charges for Shellpoint’s Placement this Settlement, the administration of LPI Policies during this Settlement, and/or the Released Claims, except to the extent otherwise specified in the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that any present losses may have been underestimated in amount or severityAgreement.

Released Claims of Settlement Class. Each Upon the Final Settlement Date, each member of the Settlement Class, as well as their respective family members, executors, representatives, adminstratorsadministrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co-co- mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf other than the Named Plaintiffbehalf, shall, by operation of the Final Orderfinal Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons from any and all claims, actions, causes of action, suits, defenses, debts, sums of money, payments, obligations, reckonings, promises, damages, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the past, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulations, contract, common law, or any other source, that were or could have been sought or alleged in the Litigation or Litigation, that relate, concern, arise from, or pertain in any way to the Released Persons’ conduct, policies, or practices concerning Shellpoint’s placement procurement or placement, or the Xxxxxx-Xxxxxxx Company’s procurement for Shellpoint, of LPI Policies Policies, or to the receipt or disclosure or nodisclosure nondisclosure of charges related to the advanching advancing of LPI premiums during the Settlement Class Period, including but not limited to conduct, policies or practices concerning LPI Policies or to charges for Shellpoint’s Placement placement of LPI Policies during the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that any present losses may have been underestimated in amount or severity.