Common use of Released Claims Clause in Contracts

Released Claims. As of the Effective Date, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Approval Order, automatically be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Parties from any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, reckonings, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class Period, whether such claims are known or unknown, suspected or unsuspected, contingent or matured. This Agreement is expressly conditioned upon the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members from bringing or maintaining claims.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Fund Amount described in Paragraph 19 of this Settlement Agreement, automatically the Releasees shall be deemed to have fully, conclusively, irrevocably, foreverfinally, and finally forever released, relinquishedacquitted, and discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees, judgments, liens, losses, debts, sums of money, payments, obligations, reckoningsguarantees, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgmentsindemnities, and demands obligations of every kind and nature in law, equity, or otherwise that Releasors, or any kind whatsoever that accrued to each Releasing Person during the Class Periodone of them, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording any conduct by Releasees alleged in the Action or in any way related to any conduct regardless of telephone calls where it occurred at any time on or after January 1, 2015, concerning any alleged condition on competition for employment or employment mobility. Released Claims also include, but are not limited to, all claims asserted or that could have been asserted in the Complaint relating to a cellular telephone or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq. and the ▇▇▇▇▇▇▇ Act, to the extent those claims concern any alleged condition on competition for employment or employment mobility. For the sake of clarity, the Settling Parties recognize and agree that (the “Released Claims”). 1) Released Claims shall include all such claims accruing during the Class Period, whether such claims that are known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, disclosed or undisclosed, contingent or matured. This Agreement is expressly conditioned upon accrued, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring type or amount of relief or damages claimed; and enjoining all (2) Released Claims shall include any unknown claims regardless of whether, if known by Settlement Class Members from filingMembers, commencing, prosecuting, maintaining (including such claims or actions already brought), intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before might have affected this Settlement Agreement with Settling Defendants and the close release of the Class Period. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members from bringing or maintaining claimsReleasees.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Amount specified in Paragraph 17 of this Settlement Agreement, automatically the Releasees shall be deemed to have fullycompletely released, conclusively, irrevocably, foreveracquitted, and finally released, relinquished, and forever discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, debtsindividual, sums or otherwise in nature, damages whenever incurred, liabilities of moneyany nature whatsoever, paymentsincluding costs, obligations, reckonings, promises, damages, interestexpenses, penalties, attorney’s fees and costs, liens, judgmentsinjuries, and demands attorneys’ fees that Releasors, or any one of any kind whatsoever that accrued to each Releasing Person during the Class Periodthem, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of telephone calls any of the Defendants in the Action prior to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class PeriodEffective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices or trade practice laws, civil conspiracy, or common law or statutory fraud claims, whether such claims are known or unknown, suspected or unsuspected, contingent asserted or matured. This Agreement is expressly conditioned upon unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filingtype or amount of relief or damages claimed, commencingincluding any claims arising out of, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to December 31, 2013, concerning the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for delivery in the United States or its territories. The Released Claims also include, but are not limited to, all claims asserted or which could have been asserted in the Action relating to any Released Claim accruing on or before the close arising out of the Class Periodfacts, occurrences, transactions, statements, or other matters alleged in the Action including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq., but only to the extent they concern the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing Capacitors in the United States and its territories or for delivery in the United States and its territories. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored released claims only cover Capacitors that are shipped to their positions or billed to the United States as standalone Capacitors. The Released Claims do not include any claim for any product defect, breach of January 12warranty, 2024breach of contract, if claim under the Court does not approve this condition barring Settlement Class Members from bringing Uniform Commercial Code, claim for personal or maintaining claimsbodily injury, or claims based on indirect purchases of Capacitors.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Amount specified in Paragraph 18 of this Settlement Agreement, automatically the Releasees shall be deemed to have fullycompletely released, conclusively, irrevocably, foreveracquitted, and finally released, relinquished, and forever discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, debtsindividual, sums or otherwise in nature, damages whenever incurred, liabilities of moneyany nature whatsoever, paymentsincluding costs, obligations, reckonings, promises, damages, interestexpenses, penalties, attorney’s fees and costs, liens, judgmentsinjuries, and demands attorneys' fees that Releasors, or any one of any kind whatsoever that accrued to each Releasing Person during the Class Periodthem, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of telephone calls any of the Defendants in the Action prior to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class PeriodEffective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices or trade practice laws, civil conspiracy, or common law or statutory fraud claims, whether such claims are known or unknown, suspected or unsuspected, contingent asserted or matured. This Agreement is expressly conditioned upon unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filingtype or amount of relief or damages claimed, commencingincluding, prosecutingbut not limited to, maintaining (including any claims or actions already brought)arising out of, intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to December 31, 2013, concerning the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for delivery in the United States or its territories. The Released Claims also include, but are not limited to, all claims asserted or which could have been asserted in the Action relating to any Released Claim accruing on or before the close arising out of the Class Periodfacts, occurrences, transactions, statements, or other matters alleged in the Action including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the S▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq., but only to the extent they concern the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for delivery in the United States and its territories. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as Released Claims do not include any claim for any product defect, breach of January 12warranty, 2024breach of contract, if claim under the Court does not approve this condition barring Settlement Class Members from bringing Uniform Commercial Code, claim for personal or maintaining claimsbodily injury, or claims based on indirect purchases of Capacitors.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Amount specified in Paragraph 18 of this Settlement Agreement, automatically the Releasees shall be deemed to have fullycompletely released, conclusively, irrevocably, foreveracquitted, and finally released, relinquished, and forever discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, debtsindividual, sums or otherwise in nature, damages whenever incurred, liabilities of moneyany nature whatsoever, paymentsincluding costs, obligations, reckonings, promises, damages, interestexpenses, penalties, attorney’s fees and costs, liens, judgmentsinjuries, and demands attorneys’ fees that Releasors, or any one of any kind whatsoever that accrued to each Releasing Person during the Class Periodthem, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of telephone calls any of the Defendants in the Action prior to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class PeriodEffective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices or trade practice laws, civil conspiracy, or common law or statutory fraud claims, whether such claims are known or unknown, suspected or unsuspected, contingent asserted or matured. This Agreement is expressly conditioned upon unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filingtype or amount of relief or damages claimed, commencingincluding, prosecutingbut not limited to, maintaining (including any claims or actions already brought)arising out of, intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to December 31, 2013, concerning the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for delivery in the United States or its territories. The Released Claims also include, but are not limited to, all claims asserted or which could have been asserted in the Action relating to any Released Claim accruing on or before the close arising out of the Class Periodfacts, occurrences, transactions, statements, or other matters alleged in the Action including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq., but only to the extent they concern the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for delivery in the United States and its territories. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as Released Claims do not include any claim for any product defect, breach of January 12warranty, 2024breach of contract, if claim under the Court does not approve this condition barring Settlement Class Members from bringing Uniform Commercial Code, claim for personal or maintaining claimsbodily injury, or claims based on indirect purchases of Capacitors.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Amount specified in Paragraph 18 of this Settlement Agreement, automatically the Releasees shall be deemed to have fullycompletely released, conclusively, irrevocably, foreveracquitted, and finally released, relinquished, and forever discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, debtsindividual, sums or otherwise in nature, damages whenever incurred, liabilities of moneyany nature whatsoever, paymentsincluding costs, obligations, reckonings, promises, damages, interestexpenses, penalties, attorney’s fees and costs, liens, judgmentsinjuries, and demands attorneys’ fees that Releasors, or any one of any kind whatsoever that accrued to each Releasing Person during the Class Periodthem, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of telephone calls any of the Defendants in the Action prior to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class PeriodEffective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices or trade practice laws, civil conspiracy, or common law or statutory fraud claims, whether such claims are known or unknown, suspected or unsuspected, contingent asserted or matured. This Agreement is expressly conditioned upon unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filingtype or amount of relief or damages claimed, commencingincluding, prosecutingbut not limited to, maintaining (including any claims or actions already brought)arising out of, intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to December 31, 2013, concerning the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for delivery in the United States or its territories. The Released Claims also include, but are not limited to, all claims asserted or which could have been asserted in the Action relating to any Released Claim accruing on or before the close arising out of the Class Periodfacts, occurrences, transactions, statements, or other matters alleged in the Action including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq., but only to the extent they concern the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for delivery in the United States and its territories. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as Released Claims do not include any claim for any product defect, breach of January 12warranty, 2024breach of contract, if claim under the Court does not approve this condition barring Settlement Class Members from bringing Uniform Commercial Code, claim for personal or maintaining claimsbodily injury, or claims based on indirect purchases of Capacitors.

Released Claims. As In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date, Releasing Persons, including Plaintiff Date and each Settlement Class Member, shall, by operation in consideration of payment of the Final Approval OrderSettlement Amount specified in Paragraph 17 of this Settlement Agreement, automatically the Releasees shall be deemed to have fullycompletely released, conclusively, irrevocably, foreveracquitted, and finally released, relinquished, and forever discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, debtsindividual, sums or otherwise in nature, damages whenever incurred, liabilities of moneyany nature whatsoever, paymentsincluding costs, obligations, reckonings, promises, damages, interestexpenses, penalties, attorney’s fees and costs, liens, judgmentsinjuries, and demands attorneys’ fees that Releasors, or any one of any kind whatsoever that accrued to each Releasing Person during the Class Periodthem, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, 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, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain relating in any way to Allstate’s audio recording the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of telephone calls any of the Defendants in the Action prior to a cellular telephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class PeriodEffective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices or trade practice laws, civil conspiracy, or common law or statutory fraud claims, whether such claims are known or unknown, suspected or unsuspected, contingent asserted or matured. This Agreement is expressly conditioned upon unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members from filingtype or amount of relief or damages claimed, commencingincluding any claims arising out of, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in any action in any jurisdiction against any Released Party based on, arising resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to December 31, 2013, concerning the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for delivery in the United States or its territories. The Released Claims also include, but are not limited to, all claims asserted or which could have been asserted in the Action relating to any Released Claim accruing on or before the close arising out of the Class Periodfacts, occurrences, transactions, statements, or other matters alleged in the Action including, but not limited to, claims arising under federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including without limitation the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 1 et seq., but only to the extent they concern the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for delivery in the United States and its territories. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored released claims only cover Capacitors that are shipped to their positions or billed to the United States as standalone Capacitors. The Released Claims do not include any claim for any product defect, breach of January 12warranty, 2024breach of contract, if claim under the Court does not approve this condition barring Settlement Class Members from bringing Uniform Commercial Code, claim for personal or maintaining claimsbodily injury, or claims based on indirect purchases of Capacitors.