Common use of Releases and Covenant Not to Xxx Clause in Contracts

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 rights of every nature and description, whether known or unknown, suspected or unsuspected, concealed or unconcealed, foreseen or unforeseen, fixed or contingent, matured or unmatured, accrued or unaccrued, liquidated or unliquidated, whether based on federal, state, local or foreign statutory law, rule, regulation, common law or equity, that, from the beginning of time, the Defendants ever had, now have or hereafter can, shall or may have that (i) are related to the Action or (ii) the prosecution or settlement of the Action. Notwithstanding anything to the contrary in this Agreement, however, nothing herein will release the Class Representatives and the Class from their obligations under this Settlement Agreement.

Releases and Covenant Not to Xxx. 8.1. As of the Effective Settlement Date, the PlanPlan (subject to the approval of the Independent Fiduciary, as provided for herein), the Class Representatives, the Named Plaintiffs, Xxxxxx Xxxxxxx, and the Class Members Representatives (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, and attorneys), on their own behalves and on behalf of the PlanBlackRock Plan Class, 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 (32) the objections or claims for distribution of such Class Members have been approved or allowed, and (3) whether or not they received any monetary benefit from the Settlement. 8.2. As of the Effective Settlement Date, the Class Representatives, the Named Plaintiffs, Xxxxxx Xxxxxxx, the Class Members Representatives and the BlackRock Plan Class 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 attorneysReleased Parties, or any other entity or individual, on the basis of, connected with, relating to 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 Class Representatives and Xxxxxx Xxxxxxx, and their counsel Class 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 rights of every nature and description, whether known or unknown, suspected or unsuspected, concealed or unconcealed, foreseen or unforeseen, fixed or contingent, matured or unmatured, accrued or unaccrued, liquidated or unliquidated, whether based on federal, state, local or foreign statutory law, rule, regulation, common law or equity, that, from the beginning of time, the Defendants ever had, now have or hereafter can, shall or may have that (i) are related to on the Action basis of, connected with, or (ii) the prosecution or settlement arising out of any of the ActionReleased Claims. Notwithstanding anything to the contrary in this Agreement, however, nothing herein will release the Class Representatives Representatives, Class Counsel, and the BlackRock Plan Class from their obligations under this (a) any rights or duties arising out of the Settlement Agreement, including the enforcement of the Settlement Agreement, (b) claims arising out of any unauthorized exfiltration of BlackRock or Plan data in the possession of the Class Representatives or Class Counsel, or (c) claims arising exclusively from conduct after the close of the Class Period.