Common use of Released Claims Clause in Contracts

Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claims.

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or Case 3:15-cv-00165-L-AGS Document 232-8 Filed 03/06/20 PageID.10685 Page 21 of 87 equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members asserted or the factual allegations made in the Amended Complaint in this Action, including without limitation the marketing, advertising, promotion, or distribution of the Settlement Class. Released Claims include all TCPA claims Class Products and all state law claims arising out the purchase of any of the same Calls Class Products at any time during the Class Period. This release is intended to cellular telephones as cover the TCPA claimsfull scope allowed by ▇▇▇▇▇ v. Spring Corporation, 598 F.3d 581 (9th Cir. 2010).

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge arge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute against the Released Parties any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligationsclaims, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expensesliens (except as provided for in the Class Settlement), and attorneys’ fees of all other legal responsibilities in any nature whatsoeverform or nature, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, including but not limited to, all claims relating to or arising out of any opinion or declaratory ruling)state, common lawlocal, or federal statute, ordinance, regulation, or claim at common law or in equity, whether past, present, or future, known or unknown, suspected or unsuspected, asserted or unasserted, foreseen arising out of or unforeseenin any way related to: (1) claims that were asserted in this Litigation; or (2) claims that could have been asserted in this Litigation based on the same operative facts, actual or contingent, liquidated or unliquidated, punitive or compensatory, as including but not limited to claims relating to any of the date following: toll administration or enforcement, penalty imposition or enforcement, or the receipt, use or transmission of personal information. Releasing Parties also release any claim against Released Parties as well as TCA, OCTA, BRiC TPS, LLC, Cofiroute USA, LLC, any other person or entity who provides information to the Final Class Administrator pursuant to the Preliminary Approval Order, and any of their respective officers, agents, employees and attorneys, asserting that arise out compliance with the obligations imposed by this Settlement Agreement, the Preliminary Approval Order, and/or the Court approved class notice requirements violates Cal. Streets & Hwy Code § 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the use or disclosure of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” the personally identifiable information reasonably necessary to contact or attempt provide notice to contact the Settlement Class Members in connection with Capital One’s Credit Card Accounts via Callsand to otherwise implement this Settlement. DATED: December , as defined above2020 FAEGRE DRINKER ▇▇▇▇▇▇ & ▇▇▇▇▇ LLP ▇▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇ Attorney for Defendant 3M Company DATED: December , from January 182020 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇, 2008LLP By ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Co-Lead Class Counsel DATED: December , to June 302020 ▇▇▇▇▇▇▇▇▇ LAW FIRM, 2014APC By ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Co-Lead Class Counsel DATED: December , and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement 2020 ▇▇▇▇▇ ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP By ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Co-Lead Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claims.Counsel

Released Claims. Plaintiffs Upon the Effective Date, Plaintiff and each Final Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs Plaintiff and the Final Settlement Class Members further agree that they will not institute or maintain any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released ClaimsClaims as against the Released Parties. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligationsclaims, debtsliens, demands, agreementsjudgments, promises, liabilitiescosts, damages, lossesobligations, controversies, costs, expenses, and attorneys’ fees of (except as provided for in the Class Settlement and ordered by the Court in accordance with this Agreement), and all other legal responsibilities in any nature whatsoeverform or nature, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, including but not limited to, all claims relating to or arising out of any opinion or declaratory ruling)state, common lawlocal, or federal statute, ordinance, regulation, or claim at common law or in equity, whether past, present, or future, known or unknown, suspected or unsuspected, had or has now or as of the Effective Date as against the Released Parties, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise arising out of or relate in any way related to: (i1) Capital One’s claims that were asserted in this Litigation; or 2) claims that could have been asserted in this Litigation based on the same operative facts, including but not limited to claims relating to any of the following: toll administration or enforcement, penalty imposition or enforcement, or the receipt, use or transmission of an PII. “automatic telephone dialing systemReleased Claims” also means and includes any claim against any person or “artificial entity asserting that compliance with the obligations imposed by this Settlement Agreement and/or the Court approved class notice requirements violates Cal. Streets & Hwy Code § 31490 or prerecorded voice” any other federal, state or local statute, rule, regulation or policy purporting to contact or attempt limit the disclosure of the personally identifiable DocuSign Envelope ID: 1FE8A2E0-235F-4109-A165-D1557404B920 information reasonably necessary to contact provide notice to the Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, and to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claimsotherwise implement this Settlement.

Released Claims. Plaintiffs Plaintiff and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, successors and agents, hereby release, resolve, relinquish, relinquish and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class Members who opt timely opt-out of the Settlement by submitting a valid and timely Request for ExclusionSettlement. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that (1) arise out of or relate in any way to: (i) Capital One’s the Released Parties’ use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same ▇▇▇ ▇▇▇- ▇▇▇▇▇▇▇▇▇ Calls to cellular telephones as from April 28, 2011 to January 31, 2016, by Defendant or on behalf of Defendant, to the fullest extent those terms are used, defined or interpreted by the TCPA claimsand relevant regulatory or administrative promulgations and case law, or (2) arise from the administration of this Settlement, including all claims arising from or related to any alleged data breaches, failures to comply with state and federal privacy laws, failures to confirm the proper identify of class members and any other alleged violations of state and federal laws that govern the collection and storage of consumer financial information and the electronic distribution of funds. The Parties expressly agree that any person or entity that is not a party to this Settlement Agreement and receives a release under this Settlement Agreement is an intended third-party beneficiary of this Settlement Agreement.

Released Claims. Upon the Effective Date, Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law, or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members asserted or the factual allegations made in the Amended Complaint in this Action, including without limitation the marketing, advertising, promotion, or distribution of the Settlement Class. Released Claims include all TCPA claims Class Products and all state law claims arising out the purchase of any of the same Calls Class Products at any time during the Class Period. This release is intended to cellular telephones as cover the TCPA claimsfull scope allowed by ▇▇▇▇▇ v. Spring Corporation, 598 F.3d 581 (9th Cir. 2010).

Released Claims. Plaintiffs and each Settlement Class Member, as well as their respective assigns, heirs, executors, administrators, successors, and agents, hereby release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). The Plaintiffs and the Settlement Class Members further agree that they will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, fixed or contingent, which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or reasonably related to the Released Claims. The release does not apply to members of the Settlement Class who opt out of the Settlement by submitting a valid and timely Request for Exclusion. “Released Claims” means any and all claims, demands, actions, causes of action, rights, offsets, setoffs, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losseslawsuits, controversiesliens, costs, expensessurcharges, and losses, attorneys’ fees fees, expenses or liabilities of any nature kind whatsoever, whether based on in law or in equity, for any federal lawrelief whatsoever, state lawincluding monetary, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion injunctive or declaratory ruling)relief, common lawrescission, general, compensatory, special, liquidated, indirect, incidental, consequential or equitypunitive damages, as well as any and all claims for penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, asserted contingent or unassertedvested, foreseen accrued or unforeseen, actual or contingentnot accrued, liquidated or unliquidated, punitive matured or compensatoryunmatured, as that in any way concern, relate to, or arise out of the date Released Persons’ motor vehicle loans or repossessions of motor vehicles in connection with the Released Persons’ participation in the Portfolio Management Program, including but not limited to any claims related to the adequacy or sufficiency of notices and disclosures related to the Portfolio Management Program, or claims for conversion, which any of the Final Approval OrderReleasors have or may have had, or now have, from the beginning of time up through and including the Effective Date, against the Released Persons. It is the intention of the Releasors to provide a general release of the Released Claims against the Released Persons; provided, however, that anything in this Agreement to the contrary notwithstanding, the term Released Claims does not include any claims of any kind or type by the Releasors against any person, association or entity that is not a Released Person, whether such claims arise out of or relate in any way to: (i) Capital One’s use of an “automatic telephone dialing system” to the Portfolio Management Program administered or “artificial created by Centrix Financial, LLC or prerecorded voice” to contact some other conduct, transaction, loan or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from January 18, 2008, to June 30, 2014, and/or (ii) any Participating Vendor’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members in connection with Capital One’s Credit Card Accounts via Calls, as defined above, from February 28, 2009, to June 30, 2014. Released Claims include the claims of Capital One Credit Card Account holders and non-account holders who are members of the Settlement Class. Released Claims include all TCPA claims and all state law claims arising out of the same Calls to cellular telephones as the TCPA claimsoccurrence.