Releases and Covenant Not to Xxx. Each of the parties agrees as follows:
(a) In consideration for the Company and the Bank entering into this Agreement, Xx. Xxxxx agrees to forever release and discharge, and covenants not to xxx or make any claim against, the Company or the Bank; each of the present, former, and future parent companies, subsidiaries, affiliates, predecessors, successors, and assigns of the Company or the Bank; each of the present, former, or future shareholders, owners, directors, officers, partners, employees, agents and representatives of the Company or the Bank; and each of their respective affiliates, predecessors, successors, and assigns (collectively, the "Released Parties"), from any and all damages, losses, obligations, liabilities, claims, demands, actions or causes of action, costs, or expenses (including reasonable attorneys' fees) (collectively, "Losses"), of any kind or nature, whether known or unknown, matured or unmatured or otherwise, that could have been filed, brought, or asserted by Xx. Xxxxx prior to the date of this Agreement against any of the Released Parties. The foregoing release of claims, discharge, and covenant not to xxx includes, but is not limited to, the following: (i) any and all claims of age discrimination under the Age Discrimination in Employment Act of 1967 (including, but not limited to, the Older Workers Benefit Protection Act), (ii) any and all claims under any state statutory or decisional law pertaining to termination of employment, wrongful discharge, wage and hour, discrimination, retaliation, infliction of emotional distress, breach of contract, breach of public policy, misrepresentation, or defamation, (iii) any and all claims under Title VII of the Civil Rights Act of 1964, the Federal Rehabilitation Act of 1973, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, the Fair Labor Standards Act, the Americans With Disabilities Act and any other federal, state or local statute, law, rule, regulation, ordinance, common law or other legal requirement, (iv) any and all claims that Xx. Xxxxx has or may have relating to his employment by the Bank or the Company prior to the date of this Agreement and any and all matters, transactions and things occurring prior to the date of this Agreement, and (v) any and all other tort or contract claims and other theories of recovery (collectively, the "Releases"). The foregoing Releases of claims, discharge and covenants not to xxx by Xx. Xxxxx do not apply to X...
Releases and Covenant Not to Xxx. 8.1. As of the Effective Settlement Date, the Plan, the Class Representatives, the Named Plaintiffs, Xxxxxx Xxxxxxx, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties and the Plan from the Released Claims, regardless of whether or not (1) Class Members have executed and delivered a Former Participant Distribution Form, (2) Class Members have filed an objection to the Settlement or to Class Counsel’s application for an award of Attorneys’ Fees and Expenses, or (3) the objections or claims for distribution of such Class Members have been approved or allowed.
8.2. As of the Effective Settlement Date, the Class Representatives, the Named Plaintiffs, Xxxxxx Xxxxxxx, the Class Members and the Plan expressly agree that they, acting individually or together or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a U.S. Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim against any of the Defendants, and their respective subsidiaries, affiliates, heirs, beneficiaries, executors, administrators, estates, successors, assigns, representatives, agents, and attorneys, or any other entity or individual, on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement.
8.3. As of the Effective Settlement Date, Defendants (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, representatives, agents, and attorneys), shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged the Named Plaintiffs and Xxxxxx Xxxxxxx, and their counsel from any and all claims, actions, causes of action, controversies, demands, disputes, duties, debts, damages, obligations, contracts, agreements, promises, issues, judgments, liabilities, liens, losses, sums of money, matters, suits, proceedings, and ri...
Releases and Covenant Not to Xxx. (a) Upon this Settlement Agreement becoming final in accordance with paragraph 9 hereof, the Named Plaintiff and the Direct Purchaser Class shall unconditionally, fully and finally release and forever discharge Defendants, any past, present, and future parents, subsidiaries, divisions, affiliates, joint ventures, shareholders, officers, directors, management, supervisory boards, insurers, general or limited partners, employees, agents, trustees, associates, attorneys and any of their legal representatives, or any other representatives thereof (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) (the “Released Parties”) from any and all manner of claims, rights, debts, obligations, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including costs, expenses, penalties and attorneys’ fees, accrued in whole or in part, in law or equity, that the Named Plaintiff or any member or members of the Direct Purchaser Class (including any of their past, present, or future officers, directors, management, supervisory boards, insurers, general or limited partners, divisions, shareholders, agents, attorneys, employees, legal representatives, trustees, parents, associates, affiliates, joint ventures, subsidiaries, heirs, executors, administrators, predecessors, successors and assigns, acting in their capacity as such) (the “Releasors”), whether or not they object to the Settlement, ever had, now has, or hereafter can, shall or may have, directly, representatively, derivatively or in any other capacity, arising out of or relating in any way to: any claims, known or unknown, that were alleged, or could have been brought against Defendants in the Action, as of the date of final approval of the Settlement that arise out of, in whole or in part, or relate in any way to the subject matter of or conduct alleged in the Action, any prior complaints filed by anyone in the Action, or any other related action, or to the subject matter of pre-trial proceedings in the Action. This includes, but is not limited to, claims related to: (1) the alleged delayed entry of generic K-Dur 20; and (2) the sale, marketing or distribution of K-Dur 20 or generic K-Dur 20, except as provided for in paragraph 17 herein (the “Released Claims”). Releasors hereby covenant and agree that each shall not xxx or otherwise seek to establi...
Releases and Covenant Not to Xxx. 42. Release of the Independent Released Parties: As of the Settlement Effective Date, each of the Plaintiffs, including, without limitation, the Receiver on behalf of the Receivership Estate (including the Stanford Entities), fully, finally, and forever release, relinquish, and discharge, with prejudice, all Settled Claims against Independent and the Independent Released Parties.
Releases and Covenant Not to Xxx. 8.1 R eleases. 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 and Defendants’ Released Claims.
(a) Upon the Settlement Effective Date, the Named 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 Claim, be deemed to absolutely and unconditionally, finally and forever release, relinquish and discharge each and every Plaintiffs’ Released Claim that 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 Notices and/or the Former Participant Class Member Rollover Form, whether or not Former Participant Class Members have executed and delivered a Former Participant Class Member Rollover Form or have missed the Former Participant Rollover Form Deadline, whether or not such 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 Xxx. (a) Notwithstanding the provisions of Sections 12.1 and 12.2, Sellers jointly and severally, for themselves, their Affiliates, and their respective predecessors, successors and assigns, past, present and future, and their respective shareholders, principals, owners, members, partners, investors, directors, officers, employees, agents, representatives, advisors and attorneys, and anyone claiming by, through or on behalf of them, and each of them (the “Seller Releasing Parties”), irrevocably discharge, release, and hold harmless Purchaser, its Affiliates and its Material Customers, and their respective predecessors, successors and assigns, past, present and future, and their respective shareholders, principals, owners, partners, direct and indirect investors, members, managers, directors, officers, employees, agents, representatives, resellers, distributors, advisors and attorneys, and each of them (the “Purchaser Released Parties”) from and against any and all claims, contentions, counter-claims, allegations, liabilities, actions, causes of action, suits, or demands, as asserted, as could have been asserted, or as could be asserted at any time in the future, because of, in connection with or with respect to the Retained SCO Rights, now existing or hereafter arising, for license fees, damages, covenants not to xxx, releases, and/or other settlements or means of resolution of any or all of the Retained SCO Rights, including claims based on infringement, misappropriation or breach of contract, and/or tort or similar claims asserted in any Action. The foregoing release, discharge and hold harmless (i) shall become effective as to any Material Customer at such time as such third party becomes a Material Customer as defined in this Agreement, whether before or after any claim has been asserted against such third party by any Seller Releasing Party, and (ii) shall remain effective with respect to a Material Customer only for such period of time as such third party remains a Material Customer as defined in this Agreement. The Parties agree that the Purchaser Released Parties will not include IBM, Novell, Red Hat, AutoZone or any third party known to Purchaser to be an Affiliate of IBM, Novell, Red Hat or AutoZone.
(b) Each Seller expressly understands and acknowledges that principles of law such as Section 1542 of the Civil Code of the State of California (“Section 1542”) provide that a general release does not extend to claims which a creditor does not know or sus...
Releases and Covenant Not to Xxx. 4.1 The obligations incurred pursuant to this Stipulation shall be a full and final disposition of the Litigation and any and all Released Claims against any and all Released Persons.
4.2 Upon the entry of the Judgment, the Litigation and all of its claims and causes of action shall be dismissed with prejudice on the merits.
4.3 Upon the Effective Date, Lead Plaintiff and the Class Members shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged any and all Released Claims against any and all of the Released Persons. Lead Plaintiff and the Class Members shall forever be enjoined from prosecuting any and all Released Claims against any and all of the Released Persons. The foregoing releases and injunctions against suit shall apply fully to Lead Plaintiff and all Class Members, regardless of whether the Lead Plaintiff or Class Member submits a Proof of Claim. Without limiting in any way the foregoing, delivery of a Proof of Claim executed by a Class Member shall constitute a release by such person of any and all Released Claims against any and all of the Released Persons.
4.4 Upon the Effective Date, each of the Settling Defendants, on behalf of themselves and their respective successors and assigns, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged the Lead Plaintiff, each and all of the Class Members, Lead Counsel, counsel for Settling Defendants, and each other from all claims arising out of, relating to, or in connection with the institution, prosecution, defense, assertion, settlement or resolution of the Litigation or the Released Claims; provided, however, that ATS shall not be deemed to have released any claims that it may have against the City for the payment of services fees for services provided by ATS to the City.
Releases and Covenant Not to Xxx. Subject to compliance with the terms of the Agreement and in consideration of the releases as provided herein, each of the Former Bulldog Employees does hereby release Bulldog and its respective affiliates, officers, directors, successors, assigns and agents from any claims of any kind or causes of action, known or unknown, and relating to any employment issues with Bulldog. It is the intent of the parties that the foregoing release be construed so broadly as to preclude any possible claim or cause of action by any of the Former Bulldog Employee’s against Bulldog for any reason whatsoever occurring prior to the date hereof. Each of the Former Bulldog Employees covenant not to xxx Bulldog and its respective affiliates, officers, directors, successors, assigns and agents for any claims, known or unknown, related to any employment issues with Bulldog.
Releases and Covenant Not to Xxx. The Parties agree to execute and exchange general releases in the form attached hereto as Exhibit A contemporaneously with the payment described in paragraph 1 of this Agreement.
Releases and Covenant Not to Xxx. (a) Employee agrees to and does fully and completely release, discharge and waive any and all claims, complaints, causes of action, demands of whatever kind or nature which Employee has or may have against the Company, its subsidiaries, affiliates, predecessors, and successors and all of their respective directors, officers, and employees by reason of any event, matter, cause, or thing that has occurred prior to the date of execution of this Agreement (hereinafter "Employee Claims"). Employee agrees that this Agreement specifically covers, but is not limited to, any and all Employee Claims which Employee has or may have against the Company relating in any way to compensation, or to any other terms, conditions, or circumstances of Employee's employment with the Company, and to the cessation of such employment, based on statutory or common law claims for employment discrimination, including claims under the Civil Rights Act of 1964, 42 X.X.X §0000(x) et seq., the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Texas Labor Code, and any other equivalent federal or state laws or statutes, and any and all discrimination or retaliation claims under state or federal law, wrongful discharge, breach of contract, defamation, intentional infliction of emotional distress, breach of fiduciary duty, or any other theory whether legal or equitable; provided, however, that this release shall not affect Employee's rights under or with respect to any retirement plan which is subject to ERISA and is qualified under Section 401 (a) of the Code. Employee further agrees and covenants that should he or any other person, organization, or other entity file, charge, claim, xxx or cause or permit to be filed any charge with the EEOC, the Texas Workforce Commission or any other agency, any civil action, suit or legal or administrative proceeding against the Company or the released parties involving any matter occurring at any time in the past, Employee will not seek or accept any personal relief (including, but not limited to, monetary award, recovery, relief or settlement) in such charge, civil action, suit or proceeding. Notwithstanding the foregoing, Employee does not waive any right he may have to enforce this Agreement, any right which may not be waived as a matter of law, or any right to indemnification in accordance with the Company's articles of incorporation or bylaws.
(b) This Agreement constitutes a general release and is not an admission of l...
