RELEASES AND ACKNOWLEDGMENTS. A. Releases. As of the entry of the Final Judgment and Order, Plaintiffs and the Class Members release Defendant and the Released Parties from any and all claims, demands, actions, causes of actions, individual actions, class actions, damages, obligations, liabilities, appeals, reimbursements, penalties, costs, expenses, attorneys’ fees, liens, interest, injunctive or equitable claims and/or administrative claims, whether known or unknown, filed or unfiled, asserted or unasserted, regardless of the legal theories involved, that were brought or could have been brought in the Litigation that relate in any manner to the subject matter of the Litigation, including, but not limited to, design, manufacture, distribution, sale, and use in any way of the Products by any Class Member (“Releases”).
B. Acknowledgements. Plaintiffs, on behalf of themselves and the Class Members, hereby:
1. acknowledge, represent, covenant, and warrant that the obligations imposed by Releases shall be forever binding, and that the Releases may not be modified, amended, annulled, rescinded, or otherwise changed unless in writing signed and notarized by duly authorized representative of Defendant to which the modification, amendment, annulment, rescission, or change applies, and which writing expressly refers to the Releases and this Settlement Agreement;
2. acknowledge, represent, covenant, and warrant that they have not made any assignment of any right, claim, or cause of action covered by the Releases to any individual, corporation, or any other legal entity whatsoever;
3. acknowledge, represent, covenant, and warrant that they have full power, competence, and authority to execute and deliver the Releases;
4. acknowledge, represent, covenant, and warrant, to the extent the Releases may be deemed a general release, that Plaintiffs and the Class Members waive and release any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code which provides that “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY” or any other similar federal or state law;
5. acknowledge, represent, covenant, and warrant that (i) they fully understand the facts on which the Settlement Agreement is executed may be different from the facts no...
RELEASES AND ACKNOWLEDGMENTS. Upon entry of the Final Order and Judgment,
i. release, acquit, and forever discharge Defendant, and each of its respective present, future, and former advisors, agents, affiliates, assigns, attorneys, directors, consultants, contractors, divisions, distributors, employees, independent contractors, insurers, joint ventures, managers, members, officers, partners, predecessors, predecessors-in-interest, privities, related entities, representatives, resellers, shareholders, subsidiaries, successors, successors-in- interest, retailers, and wholesalers (“Released Parties”), from any and all manner of accounts, actions, agreements, attorneys’ fees, bills, bonds, causes of action, charges, claims, contracts, controversies, costs, covenants, damages, debts, demands, dues, executions, expenses, extents, interest, judgments, losses, liabilities, obligations, penalties, promises, reckonings, remedies, rights, suits, sums of money, trespasses, and variances, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, common law or statutory (such as any violations of the TCPA or any state or federal analogy or unfair or deceptive practices act) which they have or may have from the beginning of the world to the Effective Date arising out of or relating to the claims that are alleged in the Action (and for the avoidance of doubt, the Action and this Settlement concern claims arising out of or relating to the Settlement Class Members and not any other aspect of Defendant’s interactions with the Class Members) (“Released Claims” or “Defendant Release”);
