RELEASES AND COVENANT NOT TO SUE. 7.1 Releases. Subject to Article X herein, the obligations incurred pursuant to this Settlement Agreement shall be in full and final disposition and settlement of any and all of Plaintiffs’ Released Claims.
(a) Upon the Effective Date, Plaintiffs and every Class Member on behalf of themselves, their heirs, executors, administrators, successors, and assigns, and the Plan (subject to Independent Fiduciary approval as described in Section 2.2 herein) shall, with respect to each and every Plaintiffs’ Released Claims, be deemed to fully, finally and forever release, relinquish and forever discharge each and every Plaintiffs’ Released Claims (including Unknown Claims), whether arising before or after the Final Judgment and Order of Dismissal with Prejudice, against any and all of Defendants and the Released Parties, and forever shall be enjoined from prosecuting any such Plaintiffs’ Released Claims.
(b) Upon the Effective Date, Defendants and the Released Parties, on behalf of themselves and their successors and assigns shall be deemed to fully, finally and forever release, relinquish and forever discharge each and every Defendants’ Released Claims (including Unknown Claims), as to Plaintiffs, the Class and their attorneys (including Class Counsel), and forever shall be enjoined from prosecuting any such claims.
(c) Nothing herein shall preclude any action to enforce the Settlement Agreement.
RELEASES AND COVENANT NOT TO SUE. 8.1 Releases. Subject to Article X below, the obligations incurred pursuant to this Settlement Agreement shall be in full and final disposition and settlement of any and all of Plaintiffs’ Released Claims.
(a) Upon the Settlement Effective Date, the Named Plaintiffs and every Class Member (on behalf of themselves, their heirs, current and former beneficiaries, representatives, executors, administrators, successors, and assigns) and the Plan (subject to Independent Fiduciary approval as described in Section 2.2 herein) shall, with respect to each and every Plaintiffs’ Released Claim, be deemed to absolutely and unconditionally, finally and forever release, relinquish and discharge each and every Plaintiffs’ Released Claim that the Named Plaintiffs, the Class Members or the Plan directly, indirectly, derivatively, or in any other capacity ever had, now have or hereafter may have against any and all of the Released Parties, and forever shall be enjoined from prosecuting any such Plaintiffs’ Released Claim, whether or not Class Members received the Notice, whether or not the Class Members received a payment in connection with this Settlement Agreement, whether or not Former Participant Class Members received the Former Participant Class Member Claim Form, whether or not Former Participant Class Members have executed and delivered a Former Participant Class Member Claim Form, whether or not Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.
(b) Upon the Settlement Effective Date, Defendants, on behalf of themselves and their successors and assigns shall be deemed to fully, finally and forever release, relinquish and forever discharge the Defendants’ Released Claims, and forever shall be enjoined from prosecuting any such claims.
(c) Nothing herein shall preclude any action to enforce the Settlement Agreement.
RELEASES AND COVENANT NOT TO SUE. 4.1 Release By Named Plaintiffs, the Settlement Class, Defendants, and the Plan.
RELEASES AND COVENANT NOT TO SUE. 23. In exchange for the payment of Settlement Funds, the Releasing Persons hereby fully and finally release and discharge the Released Persons, and each of them, from the Released Claims.
24. Additionally, the Releasing Persons hereby covenant not to sue or take any other civil or administrative action against any Released Person for any Released Claim.
25. The Released Persons are entitled to protection from contribution and/or indemnity actions or claims to the fullest extent provided or allowable under any provision of applicable federal, state, or local law, including but not limited to CERCLA § 113(f)(2), 42 U.S.C. § 9613(f)(2); MTCA, RCW 70.105D.040; and RCW 4.22.060, for the Released Claims.
26. The Parties agree and acknowledge that the amount of the Settlement Funds is reasonable as of the Effective Date.
27. Defendant releases any claim arising from PCB contamination, regardless of legal theory or type or nature of damages claimed, that it has alleged or could allege against the State; provided, however, that nothing in this Settlement Agreement shall preclude any claims by Defendant against the State or a State agency for response costs or remedial action costs incurred in connection with or relating to the Lower Duwamish Waterway Superfund Site.
RELEASES AND COVENANT NOT TO SUE. 3.1 Releases of the Releasees. Effective upon the entry of the Final Order by the Court, Named Plaintiffs, on behalf of themselves and on behalf of the Settlement Class, absolutely and unconditionally release and forever discharge the Releasees from Released Claims that Named Plaintiffs or the Settlement Class directly, indirectly, derivatively, or in any other capacity ever had, now have or hereafter may have for Released Claims arising up to the Agreement Execution Date.
RELEASES AND COVENANT NOT TO SUE. 7.1. Upon the Effective Date of this Settlement Agreement, Plaintiffs and each Settlement Class Member, and each of their successors, assigns, heirs, and personal representatives, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Persons. Plaintiffs and each Settlement Class Member covenant and agree that they shall not hereafter seek to sue, institute litigation against or otherwise seek to establish liability or damages against any Released Persons or any other person based, in whole or in part, on any of the Released Claims. The Released Claims shall be construed as broadly as possible to effect complete finality over this litigation involving the pricing, labeling, and advertising of Merchandise offered at a discount from a regular or original price and XXX’s sales of Merchandise from Xxx Xxxxxx Factory or LOFT Outlet stores, including, but not limited to, claims regarding the quality of such Merchandise, as alleged in the Complaint or First Amended Complaint.
7.2. Upon the Effective Date, XXX shall be deemed to have, and by operation of the Order and Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged Plaintiff, each and all of the Settlement Class Members, and Class Counsel from all claims (including Unknown Claims, defined in Section 7.3) arising out of, relating to, or in connection with, the institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims (“ANN’s Released Claims”).
7.3. In addition, with respect to the subject matter of this Action, by operation of entry of the Order and Final Judgment, Plaintiffs and each Settlement Class Member, and each of their respective successors, assigns, legatees, heirs, and personal representatives, and XXX with respect to XXX’s Released Claims, expressly waive any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including, without limitation, Section 1542 of the California Civil Code, which provides: A General Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. In addition to the foregoing, by operation of entry of the Order and Final ...
RELEASES AND COVENANT NOT TO SUE. Guest voluntarily releases and covenants not to sue the Park, and all other persons or entities affiliated therewith, from and for any and all liability, claims or actions arising out of or related in any way to Guest’s stay at the Park, use of Park equipment or facilities, or participation in any Park activity, including, but not limited to any negligence of the Park, its agents or employees resulting in personal injury, death, illness or disease, or damage to or loss of use of personal property. If anyone is hurt or dies, or property is damaged while Guest is at the Park or using Park equipment or facilities, Guest shall have no rights to make any claim or file a lawsuit against the Park, its agents or employees, even if the Park, its agents or employees, or any of them negligently caused the injury or property damage. Xxxxx agrees that by signing this document, Xxxxx has assumed responsibility and legal liability for the claims or other legal demands, including attorneys’ fees and other defense costs, that may be asserted by third parties as a result of Guest’s stay at the Park. By signing this document, Xxxxx gives up any right and the right of his/her heirs, relatives, personal representatives, and assigns to claims that Guest might otherwise have now or any time in the future against the Park, its agents, or employees, including the right to bring a court action to obtain any remedy for personal injury, death, or damage to property, however caused, arising out of Guest’s stay at the Park or use of the Park’s equipment or facilities. If you do not understand this document, you should seek legal advice.
RELEASES AND COVENANT NOT TO SUE. SECTION 3.1.
RELEASES AND COVENANT NOT TO SUE. Section 5.1.
RELEASES AND COVENANT NOT TO SUE
