Common use of Released Claims Clause in Contracts

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described in Paragraph 19 of this Settlement Agreement, the Releasees shall be fully, finally, and forever released, acquitted, and discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether 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, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any conduct by Releasees alleged in the Action or in any way related to any conduct regardless of 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 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 (1) Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall include any unknown claims regardless of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the Releasees.

Released Claims. In addition to As of the effect Effective Date, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Judgment entered in accordance with this Settlement AgreementApproval Order, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described in Paragraph 19 of this Settlement Agreement, the Releasees shall automatically be deemed to have fully, finallyconclusively, irrevocably, forever, and forever finally released, acquittedrelinquished, and discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether classsuits, individualdebts, or otherwise in naturesums of money, damages whenever incurredpayments, liabilities of any nature whatsoeverobligations, including costsreckonings, expensespromises, damages, interest, penalties, injuriesattorney’s fees and costs, attorneys’ feesliens, judgments, liensand demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, losseswhether in arbitration, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equityadministrative, or otherwise that Releasors, or any one of themjudicial proceedings, whether directly, representatively, derivatively, as individual claims or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severallyas claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, relating 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 any conduct by Releasees alleged in Allstate’s audio recording of telephone calls to a cellular telephone (the Action or in any way related to any conduct regardless of 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”). Released Claims also include, but are not limited to, all claims asserted or that could have been asserted in the Complaint relating to 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 (1) Released Claims shall include all such claims that accruing during the Class Period, whether such claims are known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, disclosed or undisclosed, contingent or accruedmatured. 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, regardless of legal theory and regardless 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 type or amount Class Period. The proposed Settlement will become null and void and Plaintiff and Allstate will be restored to their positions as of relief or damages claimed; and (2) Released Claims shall include any unknown claims regardless of whetherJanuary 12, 2024, if known by the Court does not approve this condition barring Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesMembers from bringing or maintaining claims.

Released Claims. In addition to the effect Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Judgment entered in accordance with this Settlement AgreementApproval Order, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described in Paragraph 19 of this Settlement Agreement, the Releasees shall automatically be deemed to have fully, finallyconclusively, irrevocably, forever, and forever finally released, acquittedrelinquished, and discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether classsuits, individualdebts, or otherwise in naturesums of money, damages whenever incurredpayments, liabilities of any nature whatsoeverobligations, including costsreckonings, expensespromises, damages, interest, penalties, injuriesattorney’s fees and costs, attorneys’ feesliens, judgments, liensand demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, losseswhether in arbitration, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equityadministrative, or otherwise that Releasors, or any one of themjudicial proceedings, whether directly, representatively, derivatively, as individual claims or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severallyas claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, relating 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 any conduct by Releasees alleged in the Action or in any way related Allstate’s audio recording of telephone calls to any conduct regardless of where it occurred at any time on or after January 1, 2015, concerning any alleged condition on competition for employment or employment mobilitya cellular telephone. Released Claims also include, but are not limited to, all claims asserted or that could have been asserted in the Complaint relating to 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 (1) Released Claims shall include all such claims that accruing during the Class Period, whether such claims are known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, disclosed or undisclosed, contingent or accrued, regardless of legal theory matured. This Agreement is expressly conditioned upon the Judgment entered in connection with this Litigation containing a provision permanently barring and regardless enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice of the type Settlement and who did not have actual knowledge of the Settlement) from filing, commencing, prosecuting, maintaining (including claims or amount of relief actions already brought), intervening in, or damages claimed; and participating in (2) Released Claims shall include any unknown claims regardless of whether, if known by as Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the release close of the ReleaseesClass Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claims.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 17 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those claims they concern any alleged condition on competition the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for employment or employment mobilitydelivery in the United States and its territories. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claims regardless claim for any product defect, breach of whetherwarranty, if known by Settlement Class Membersbreach of contract, such claims might have affected this Settlement Agreement with Settling Defendants and claim under the release of the ReleaseesUniform Commercial Code or claim for personal or bodily injury.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 17 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those 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 released claims concern any alleged condition on competition for employment only cover Capacitors that are shipped to or employment mobilitybilled to the United States as standalone Capacitors. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claim for any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code, claim for personal or bodily injury, or claims regardless based on indirect purchases of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesCapacitors.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 18 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including, but not limited to, any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those claims they concern any alleged condition on competition the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for employment or employment mobilitydelivery in the United States and its territories. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claim for any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code, claim for personal or bodily injury, or claims regardless based on indirect purchases of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesCapacitors.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 18 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including, but not limited to, any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those claims they concern any alleged condition on competition the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for employment or employment mobilitydelivery in the United States and its territories. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claim for any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code, claim for personal or bodily injury, or claims regardless based on indirect purchases of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesCapacitors.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 17 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those 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 released claims concern any alleged condition on competition for employment only cover Capacitors that are shipped to or employment mobilitybilled to the United States as standalone Capacitors. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claim for any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code, claim for personal or bodily injury, or claims regardless based on indirect purchases of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesCapacitors.

Released Claims. In addition to the effect of the Final Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Fund Amount described specified in Paragraph 19 18 of this Settlement Agreement, the Releasees shall be fully, finally, and forever completely released, acquitted, and forever discharged from any and all manner of claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, and attorneys’ fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and obligations of every kind and nature in law, equity, or otherwise ' fees that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether known or unknown, relating in any way to any the conduct by Releasees alleged in the Action and any joint and several liability arising from the conduct of any of the Defendants in the Action prior to the Effective 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, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, regardless of legal theory and regardless of the type or amount of relief or damages claimed, including, but not limited to, any claims arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time on or after January 1prior to December 31, 20152013, concerning any alleged condition on competition the purchase, pricing, selling, discounting, marketing, manufacturing or distributing of Capacitors in the United States or its territories or for employment delivery in the United States or employment mobilityits territories. The Released Claims also include, but are not limited to, all claims asserted or that which could have been asserted in the Complaint Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Complaint 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. and the ▇▇▇▇▇▇▇ Act., but only to the extent those claims they concern any alleged condition on competition the purchase, pricing, selling, invoicing, discounting, marketing, manufacturing and/or distributing of Capacitors in the United States and its territories or for employment or employment mobilitydelivery in the United States and its territories. For the sake of clarity, the Settling Parties recognize and agree that (1) The Released Claims shall include all 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 accrued, regardless of legal theory and regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall do not include any unknown claim for any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code, claim for personal or bodily injury, or claims regardless based on indirect purchases of whether, if known by Settlement Class Members, such claims might have affected this Settlement Agreement with Settling Defendants and the release of the ReleaseesCapacitors.