Common use of RELEASES AND ACKNOWLEDGMENTS Clause in Contracts

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obligations imposed by Releases shall be forever binding, and that the Releases may not be modified, amended, annulled, rescinded, or otherwise changed unless in writing signed and notarized by duly authorized representative of Defendant to which the modification, amendment, annulment,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 now believed by them and their counsel to be true and expressly accept and assume the risk of this possible difference in facts and agree that this Settlement Agreement remains effective despite any difference in facts that later may be discovered; and (ii) they hereby waive any right or ability to challenge the Settlement upon the discovery of any new facts, any additional claims, or a change in the law regardless of why or how such facts, claims, or law was/were not otherwise known to them prior to executing and agreeing to this Settlement Agreement; 6. acknowledge, represent, covenant, and warrant that the Releases and acknowledgments above were bargained for and are an essential and material element of this Agreement.

RELEASES AND ACKNOWLEDGMENTS. A. Releases. As of the entry of the Final Judgment and Order, Plaintiffs Plaintiff and the Class Members will release Defendant and the Released Parties Parties, including without limitation Ulta Salon Cosmetics & Fragrances, Inc., 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 alleged misrepresentations concerning whether the Litigation, including, but not limited to, design, manufacture, distribution, saleSubject Products contained sulfates and/or salts, and use in any way Plaintiff and Class Members expressly waive and relinquish all such claims or causes of action to the Products fullest extent permitted by any Class Member (“Releases”).law, including under Massachusetts General Laws Chapter 93A. B. Acknowledgements. PlaintiffsPlaintiff, on behalf of themselves herself and the Class Members, hereby: 1. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrant warrants 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. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrant warrants that they have she has 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. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrant warrants that they have she has full power, competence, and authority to execute and deliver the Releases;; and 4. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrantwarrants, to the extent the Releases may be deemed a general release, that Plaintiffs Plaintiff 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 A CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS [OR HER HER] FAVOR AT THE TIME OF EXECUTING THE A RELEASE, AND THAT WHICH IF KNOWN BY HIM [OR HER WOULD HER] MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR” or any other similar federal or state law;. 5. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrant warrants that (i) they she fully understand understands the facts on which the Settlement Agreement is executed may be different from the facts now believed by them her and their her counsel to be true and expressly accept and assume the risk of this possible difference in facts and agree that this Settlement Agreement remains effective despite any difference in facts that later may be discovered; and (ii) they she hereby waive waives any right or ability to challenge the Settlement upon the discovery of any new facts, any additional claims, or a change in the law regardless of why or how such facts, claims, or law was/were not otherwise known to them prior to executing and agreeing to this Settlement Agreement; 6. acknowledgeacknowledges, representrepresents, covenantcovenants, and warrant warrants that the Releases and acknowledgments above were bargained for and are is an essential and material element of this Agreement.,