Releases and Covenants Not to Sue. (a) The NFLPA on behalf of itself, its members, and their respective heirs, executors, administrators, representatives, agents, successors and assigns, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit or proceeding (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFL or any NFL Club or any NFL Affiliate with respect to any antitrust or other claim asserted in White v. NFL or Bra4J v. NFL, including, without limitation, any claim relating to the 201 1 lockout, any restrictions on free agency, any franchise player designations, any transition player designations, the Draft, the Entering Player Pool, the Rookie Compensation Pool, Total Revenues ("TR") or television rights fees with respect to any League Year prior to 201 1, collusion with respect to any League Year prior to 201 1, or any claim that could have been asserted in White or Bra4J related to any other term or condition of employment with respect to conduct occurring prior to the execution of this Agreement. For purposes of clarity, this release does not cover any claim of any retired player.
(b) The NFL, on behalf of itself, the NFL, and the NFL Clubs and their respective heirs, executors, administrators, representatives, agents, successors and as signs, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFLPA or any of its members, or agents acting on its behalf, or any member of its bargaining unit, with respect to conduct occurring prior to the execution of this Agreement.
(c) Other than as provided in the Settlement Agreement, the releases and covenants not to sue in Subsections (b) and (c) above shall not apply to any Injury or Non-Injury Grievance asserted under the Prior Agreement, or to any proceeding to confirm an Injury or Non-Injury Grievance award under the Prior Agreement.
(d) The parties shall take prompt and immediate steps to dismiss the litiga- tion, grievances, and arbitration referenced in Paragraph 4 of the Settlement Agreement and the NLRB proceeding referenced in the side letter to the Settlement Agreement dated July 26, 2011.
Releases and Covenants Not to Sue. 16.1. In addition to the effect of any final judgment entered in accordance with this Settlement Agreement, upon the occurrence of the Effective Date and in consideration of payment of the Settlement Amount specified in Article II–Payments by Defendants and the other consideration in this Agreement, the Releasees individually and jointly shall be completely released, acquitted, and forever discharged from:
16.1.1 any and all claims, notices, demands, actions, suits, and causes of action, whether class, individual, or otherwise in nature, legal or equitable, known or unknown, suspected or unsuspected, asserted or unasserted, in law, equity, or administratively;
16.1.2 damages whenever incurred and liabilities of any nature whatsoever, including costs, expenses, penalties, expenses of medical or psychological monitoring, and attorneys’ fees, that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees or any of them, relating in any way to;
16.1.3 exposure to, use of, or receipt of water from the Flint Water Treatment Plant, or legal liability for the payment of such water, for the period April 25, 2014 to the Effective Date; and/or
16.1.4 any alleged acts or omissions by Releasees or any of them and/or any joint and/or several liability of any of them arising from the alleged acts or omissions of any of the Releasees pled in the Fourth Consolidated Amended Class Complaint, the Amended Master Complaint, and any complaints in the Related Lawsuits from the beginning of time until the Effective Date or that could have been brought under any federal, state, local, administrative, or regulatory law or cause of action concerning exposure to, use of, or receipt of water from the Flint Water Treatment Plant, or legal liability for the payment of such water, during the period April 25, 2014 to the Effective Date, or any conduct in any related litigation or arising out of the litigation itself in Federal Court, the Court of Claims, or Genesee County Circuit Court.
16.2. From and after the Execution Date, for the consideration provided for herein and by operation of the Final Orders and Judgments, Plaintiffs, Individual Plaintiffs, the Class and Subclass Representatives, each Settlement Class Member, and the Settlement Class, on behalf of the Releasors, and each of them, covenant, promise, and agree that they will not, at any time, continue ...
Releases and Covenants Not to Sue. 6.1. Upon the Effective Date, the Releasing Parties, on behalf of themselves, their successors and assigns, and any other Person claiming (now or in the future) through or on behalf of them, regardless of whether any such Releasing Party ever seeks or obtains by any means, including without limitation by submitting a Proof of Claim, any disbursement from the Settlement Fund, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties and shall have covenanted not to sue the Released Parties with respect to all such Released Claims, and shall be permanently barred and enjoined from asserting, commencing, prosecuting, instituting, assisting, instigating, or in any way participating in the commencement or prosecution of any action or other proceeding, in any forum, asserting any Released Claim, in any capacity, against any of the Released Parties. Nothing contained herein shall, however, bar the Releasing Parties from bringing any action or claim to enforce the terms of this Stipulation or the Final Judgment.
6.2. Upon the Effective Date, Defendants, on behalf of themselves and their Related Parties, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, and their Related Parties from all Claims, whether known or unknown, which arise out of, concern or relate to the institution, prosecution, settlement or dismissal of the Action (“Defendants’ Released Claims”), and shall be permanently enjoined from prosecuting the Defendants’ Released Claims against Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, and their Related Parties (collectively, “Plaintiffs’ Released Parties”). Nothing contained herein
Releases and Covenants Not to Sue. (a) Effective upon receipt of the Seller and Purchaser Deliverables and completion of the Settlement Closing, Sellers on the one hand and Purchaser on the other hand, on behalf of themselves and each of their respective agents, representatives, Affiliates, and successors and assigns, expressly covenant not to sue xxx generally release and discharge each other and the Owner Trustees, including each other’s and the Owner Trustees’ partners, shareholders, members, directors, officers, trustees, employees, agents, attorneys, representatives, agents, heirs, executors, corporate Affiliates, and successors and assigns (collectively for each, the “Released Parties”), from, against and with respect to any and all claims, demands, contracts, accounts, debts, liens, suits, arbitration proceedings, litigation, liability, obligations, actions, causes of action, rights, damages, costs, expenses and Losses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, contractual or non-contractual, accrued, contingent or otherwise (“Claims”), which Sellers or Purchaser ever had, now have, or hereafter may have, against each other, the Owner Trustees and/or each other’s Released Parties related to any act, event or occurrence from the beginning of the world through and including the Settlement Closing Date of this Agreement with respect to the Current Actions, and the Plant and any agreements related thereto, including but not limited to, all Operating Costs and other Claims arising out of or relating to the Facility, the Operative Documents, the Project Documents, the Beneficial Interests, and the Trust Agreements.
(b) Effective upon the completion of the Settlement Closing, including Owner Trustees’ receipt of the Outstanding Owner Trustees Costs, Owner Trustees, on behalf of themselves and their agents, representatives, Affiliates, and successors and assigns expressly covenant not to sue xxx release and discharge:
(i) Sellers and each of Sellers’ Released Parties from, against, and with respect to any and all Claims, including but not limited to any Claims arising under or relating to the Facility Documents or any other agreement to which either of the Sellers and Owner Trustees are parties; and
(ii) Except for the indemnity provided under Section 8.2(c) below, Purchaser and each of Purchaser’s Released Parties from, against, and with respect to any and all Claims, including but not limited to any Claims arising under or relating to the Facility...
Releases and Covenants Not to Sue. (a) In keeping with our intent to provide for an amicable separation, for yourself and your heirs and personal representatives, you hereby release and forever discharge Xxxxxx, and its subsidiaries, affiliates, successors, benefit plans, directors, officers and employees (the “Xxxxxx Released Parties”), from and against all liability, damages, actions and claims of any kind whatsoever, known and unknown, that you now have or may have had, or thereafter claim to have, on behalf of yourself or any other person or entity, at any time, arising out of, or relating in any way to, any acts or omissions done or occurring in whole or in part prior to and including the date of this Letter Agreement, including, but not limited to, all such matters arising out of, or related in any way to, your employment or termination of employment with Xxxxxx. You expressly acknowledge and agree that, to the maximum extent permitted by law, this Release includes, but is not limited to, your release of any tort and contract claims and any claims under Title VII of the Civil Rights Act of 1964, as amended, the Americans With Disabilities Act, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, and all other federal, state and local laws pertaining to employment and/or employment discrimination. By signing this Letter Agreement, you also expressly acknowledge and represent that you have suffered no injuries or occupational diseases arising out of or in connection with your employment with Xxxxxx and have received all wages to which you were entitled as an employee of Xxxxxx.
(b) You agree not to file, join in or prosecute any lawsuits or arbitrations against Xxxxxx or any of the other Xxxxxx Released Parties, concerning any matter, act, occurrence, or transaction which arose on or before the date of this Letter Agreement. Although you are not precluded from filing a charge with the EEOC or from participating in an EEOC investigation or proceeding, you expressly waive your right to any monetary recovery or any other individual relief in connection with any EEOC charge or other administrative action, to the maximum extent permitted by law.
(c) Prior to you receiving any payments under this Letter Agreement which are payable after your termination of employment with Xxxxxx, Xxxxxx may require you to execute an additional general release covering the period of time through your last day of employment. The additional general release will be in a form subs...
Releases and Covenants Not to Sue. 1.1. Centerra, KGC, KOC, Cameco, Cameco Gold and KMC Release and Covenant Not to Sue. Each of Centerra, KGC, KOC, Cameco, Cameco Gold and KMC on their own behalf and on behalf of their successors and assigns and any other person or entity who may make a claim in their name, hereby fully and forever releases and discharges each of the Government and Kyrgyzaltyn and each of their agencies, departments, subdivisions, shareholders, successors and assigns, as applicable, as well as all of their respective officers, directors, and employees, from any and all claims, counterclaims, defenses, obligations, damages, liabilities, demands, actions, causes of action and, in general, demands of any kind or nature, in respect of any matter (including any tax or fiscal matters) arising or existing prior to the date hereof, whether such matters are known or unknown on the date hereof and regardless of whether such claims, counterclaims, defenses, obligations, damages, liabilities, demands, actions, causes of action or demands have been asserted in any arbitration or litigation, and agree and covenant never to bring any action directly or indirectly on any of the claims, counterclaims, defenses, obligations, damages, liabilities, demands, actions, causes of action or demands so released.
Releases and Covenants Not to Sue. 12. Upon final approval of the Class Settlement Agreement, the Class Plaintiffs and the Settlement Class shall:
a. file a praecipe in the above captioned matter marking the judgment, interests, costs and fees as being fully satisfied;
b. be deemed to have released the Settlement Class Released Party for the Released Claims (as defined below) and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the Released Claims.
Releases and Covenants Not to Sue. 2.1 Releases by ChromaVision and XL Vision.
Releases and Covenants Not to Sue. 4.1. Releases of Defendants’ Releasees by Plaintiffs. Subject to Sections 4.6 and 14, upon the Effective Date of Settlement, Named Plaintiffs on behalf of themselves and on behalf of the Settlement Class, and all Settlement Class members, absolutely and unconditionally release and forever discharge the Defendants’ Releasees from any and all Plaintiffs’ Released Claims that Plaintiffs directly, indirectly, derivatively or in any other capacity ever had, now have or hereafter may have.
4.2. Releases of the Plaintiffs’ Releasees by Defendants. Subject to Sections 4.6 and 14, upon the Effective Date of Settlement, Defendants absolutely and unconditionally release and forever discharge Plaintiffs’ Releasees and Class Counsel from any and all of Defendants’ Released Claims.
Releases and Covenants Not to Sue. 6.1. The obligations incurred pursuant to this Stipulation are in consideration of: (a) the full and final disposition of the Action as against the Defendants; and (b) the Releases provided for herein. Pursuant to the Judgement without further action by anyone, upon the Effective Date, Lead Plaintiff and each of the Settlement Class Members, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, and assigns or any other Person claiming (now or in the future) through or on behalf of them, in their capacities as such, (and regardless of whether any such Person ever seeks or obtains by any means, including without limitation by submitting a Proof of Claim, any disbursement from the Settlement Fund), shall be deemed to have, and by operation of law and of the judgment shall have, fully, finally, and forever compromised, settled, released, resolved, relinquished, waived, and discharged each and every Released Plaintiff’s Claim against Defendants and the other Defendants’ Released Parties and shall have covenanted not to sue and forever be permanently barred and enjoined from asserting, commencing, prosecuting, instituting, assisting, instigating, or in any way participating in the commencement or prosecution of any action or other proceeding, in any forum, asserting any
