Common use of Released Claims Clause in Contracts

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of the Commitments specified in Paragraph 5(a) and the payment of Class Counsel Fees and Expenses and the Service Awards, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, and attorneys’ fees (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating to the conduct by Releasees alleged in the Action whether already acquired or acquired in the future, including but not limited to: (a) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) any federal or state unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, or trade practice laws; or (c) common law or statutory unfair competition 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. The Released Claims also include, but are not limited to, all claims for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Action. The Released Claims explicitly exclude all claims for monetary relief or money damages, including equitable disgorgement.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Commitments Settlement Amount specified in Paragraph 5(a) and the payment 17 of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive 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 (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating in any way to the conduct by Releasees alleged in the Action whether already acquired or acquired and any joint and several liability arising from the conduct of any of the Defendants in the future, including but not limited to: (a) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) Action prior to the Effective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, practices or trade practice laws; , civil conspiracy, or (c) common law or statutory unfair competition 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 theorytheory 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 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 for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the ActionAction 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 Xxxxxxx 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 Released Claims explicitly exclude all claims do not include any claim for monetary relief any product defect, breach of warranty, breach of contract, claim under the Uniform Commercial Code or money damages, including equitable disgorgementclaim for personal or bodily injury.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreementthe Action, upon the occurrence of on the Effective Date and in consideration of payment of the Commitments specified Settlement Fund Amount described in Paragraph 5(a) and the payment 16 of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely fully, finally, and forever released, acquitted, and forever discharged from any and all manner of injunctive claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, and damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees (except for the Class Counsel Fees fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and Expenses referred to obligations of every kind and nature in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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 whatsoever to the conduct by Releasees claims, demands, or causes of action asserted in the Action or arising out of the factual predicate alleged in the Action whether already acquired or acquired Second Amended Complaint filed in the futureAction. The Parties intend for this release to extinguish all claims that have been or could have been brought by the Releasors based on the matters set forth or otherwise alleged or referred to in the Second Amended Complaint filed in the Action. For the sake of clarity, including but not limited to: the Settling Parties recognize and agree that (a1) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) any federal or state unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, or trade practice laws; or (c) common law or statutory unfair competition claims, whether such Released Claims shall include 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. The the type or amount of relief or damages claimed; and (2) Released Claims also includeshall include any unknown claims regardless of whether, but are not limited toif known by Releasors, all such claims for injunctive relief asserted or which could might have been asserted in affected this Settlement Agreement with Defendants and the Action relating to or arising out release of the facts, occurrences, transactions, statements, or other matters alleged in the Action. The Released Claims explicitly exclude all claims for monetary relief or money damages, including equitable disgorgementReleasees.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Commitments Settlement Amount specified in Paragraph 5(a) and the payment 17 of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive 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 (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating in any way to the conduct by Releasees alleged in the Action whether already acquired or acquired and any joint and several liability arising from the conduct of any of the Defendants in the future, including but not limited to: (a) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) Action prior to the Effective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, practices or trade practice laws; , civil conspiracy, or (c) common law or statutory unfair competition 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 theorytheory 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 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 for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the ActionAction 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 Xxxxxxx 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 released claims only cover Capacitors that are shipped to or billed to the United States as standalone Capacitors. The Released Claims explicitly exclude all do not include any 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 for monetary relief or money damages, including equitable disgorgementbased on indirect purchases of Capacitors.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of Class Counsel Fees, Advertising Program specified in Paragraph 18 and the attached Exhibit B, and Commitments specified in Paragraph 5(a) 19 and the payment attached Exhibit C of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive 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, losses, injunction, declaration, contribution, indemnification or any other nature of legal or equitable relief, expenses, penalties, injuries, and attorneys’ fees (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating in any way to the conduct by Releasees alleged in the Action whether already acquired or acquired in the future, including but not limited to: (a) the Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) any federal or state unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, or trade practice laws; or (c) common law or statutory unfair competition 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 theorytheory and regardless of the type or amount of relief or damages claimed. The Released Claims also include, but are not limited to, all claims for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Action. The Released Claims explicitly exclude all claims for monetary relief or money damages, including equitable disgorgement.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Commitments Settlement Amount specified in Paragraph 5(a) and the payment 17 of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive 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 (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating in any way to the conduct by Releasees alleged in the Action whether already acquired or acquired and any joint and several liability arising from the conduct of any of the Defendants in the future, including but not limited to: (a) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) Action prior to the Effective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, practices or trade practice laws; , civil conspiracy, or (c) common law or statutory unfair competition 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 theorytheory 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 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 for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the ActionAction 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 Xxxxxxx 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 released claims only cover Capacitors that are shipped to or billed to the United States as standalone Capacitors. The Released Claims explicitly exclude all do not include any 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 for monetary relief or money damages, including equitable disgorgementbased on indirect purchases of Capacitors.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreementthe Action, upon the occurrence of on the Effective Date and in consideration of payment of the Commitments specified Settlement Fund Amount described in Paragraph 5(a) and the payment 17 of Class Counsel Fees and Expenses and the Service Awardsthis Settlement Agreement, the Releasees shall be completely fully, finally, and forever released, acquitted, and forever discharged from any and all manner of injunctive claims, demands, rights, actions, suits, and causes of action, whether class, individual, or otherwise in nature, and damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees (except for the Class Counsel Fees fees, judgments, liens, losses, debts, obligations, guarantees, indemnities, and Expenses referred to obligations of every kind and nature in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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 whatsoever to the conduct by Releasees alleged allegations, claims, demands, or causes of action asserted in the Action whether already acquired by the Settlement Class. The parties intend that this release extinguish all claims that have been or acquired could have been brought by the settlement class members based on the antitrust matters set forth or otherwise alleged or referred to in the futureFourth Amended Complaint filed in the Action. For the sake of clarity, including but not limited to: the Settling Parties recognize and agree that (a1) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) any federal or state unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, or trade practice laws; or (c) common law or statutory unfair competition claims, whether such Released Claims shall include antitrust 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. The the type or amount of relief or damages claimed; and (2) Released Claims also includeshall include any unknown antitrust claims regardless of whether, but are not limited toif known by Settlement Class Members, all such claims for injunctive relief asserted or which could might have been asserted in affected this Settlement Agreement with Defendants and the Action relating to or arising out release of the facts, occurrences, transactions, statements, or other matters alleged in the Action. The Released Claims explicitly exclude all claims for monetary relief or money damages, including equitable disgorgementReleasees.

Released Claims. In addition to the effect of the Final Approval Order and Judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of the Commitments specified in Paragraph 5(a) and the payment of Class Counsel Fees the Settlement Amount and Expenses and the Service Awardscooperation, the Releasees shall be completely released, acquitted, and forever discharged from any and all manner of injunctive 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 (except for the Class Counsel Fees and Expenses referred to in Sections 1(d) and 3(c)(i) of this Settlement Agreement) 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, whether known or unknown, relating in any way to the any conduct by Releasees alleged in the Action whether already acquired or acquired and any joint and several liability arising from the conduct of any of the Defendants in the future, including but not limited to: (a) Xxxxxx Act, 15 U.S.C. § 1125 et seq.; (b) Action prior to the Effective Date arising under or relating to any federal or state antitrust laws, unfair competition, unfair practices, false advertising, consumer fraud, deceptive business, practices or trade practice laws; , civil conspiracy, or (c) common law or statutory unfair competition 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 theorytheory and regardless of the type or amount of relief or damages claimed, or claims that have been, could have been, or in the future might have in law or in equity, on account of arising out of, resulting from, or in any way related to any conduct regardless of where it occurred at any time prior to the Effective Date, concerning the purchase, pricing, selling, 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 also include, but are not limited to, all claims for injunctive relief asserted or which could have been asserted in the Action relating to or arising out of the facts, occurrences, transactions, statements, or other matters alleged in the Action. The Released Claims explicitly exclude all this Action including, but not limited to, claims for monetary relief arising under federal or money damagesstate antitrust, unfair competition, unfair practices, price discrimination, unitary pricing, trade practice, or civil conspiracy law, including equitable disgorgementwithout limitation the Xxxxxxx Act, 15 U.S.C. § 1 et seq., but excluding (a) any claim for any product defect, breach of warranty, breach of contract, trade claims, claims under the Uniform Commercial Code or similar claims between Settlement Class Members and Hitachi Chemical relating to Capacitors or any claim for personal or bodily injury, (b) claims based on indirect purchases of Capacitors, and (c) claims based on purchases of Capacitors excluded by the Foreign Trade Antitrust Improvement Act, 15 U.S.C. § 6a.