Common use of Releases and Covenants Clause in Contracts

Releases and Covenants. Upon the occurrence of the Effective Date and in consideration of payment of the Settlement Amount specified in Paragraph 6 above, Plaintiffs and all Class Members, on behalf of themselves and their respective past and present parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys servants, and representatives), and their predecessors, successors, heirs, executors, administrators, and representatives (the “Releasors”), hereby release and forever discharge, and covenant not to xxx Defendants and their past and present parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys, servants, and representatives), and the predecessors, successors, heirs, executors, administrators and representatives of each of the foregoing (the “Releasees”), with respect to, in connection with, or relating to any and all past, present, or future liabilities, claims, demands, obligations, suits, injuries, damages, levies, executions, judgments, debts, charges, actions, or causes of action, at law or in equity, whether class, individual, or otherwise in nature, and whether known or unknown, foreseen or unforeseen, suspected or unsuspected, contingent or non-contingent, arising out of or relating to purchases of Doryx® at any time prior to the Effective Date and arising under the Xxxxxxx Act, 15 U.S.C. §§ 1 & 2, et seq., or any other federal or state statute or common law relating to antitrust or unfair competition (the “Released Claims”). The Released Claims include, but are not limited to, any and all claims relating to or arising out of the facts, occurrences, transactions, or other matters alleged or asserted in this Action, or that could have been alleged or asserted in this Action. However, this Settlement Agreement is not intended to release anyone other than the Releasees, is not on behalf of anyone other than the Releasors, and does not affect the claims of the proposed end-payor class, the claims of the Retailer Plaintiffs who filed their own complaints in this matter, or the claims of Mylan Pharmaceuticals, Inc. or its affiliates, nor is it intended to release any actual or potential claims described in Paragraph 13.

Releases and Covenants. Upon the occurrence of the Effective Date and in consideration of payment of the Settlement Amount specified in Paragraph 6 aboveof the Settlement Agreement, Plaintiffs and all Class Members, on behalf of themselves and their respective past and present parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys servants, and representatives), and their predecessors, successors, heirs, executors, administrators, and representatives (the “Releasors”), hereby release and forever discharge, and covenant not to xxx Defendants and their past and present parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys, servants, and representatives), and the predecessors, successors, heirs, executors, administrators and representatives of each of the foregoing (the “Releasees”), with respect to, in connection with, or relating to any and all past, present, or future liabilities, claims, demands, obligations, suits, injuries, damages, levies, executions, judgments, debts, charges, actions, or causes of action, at law or in equity, whether class, individual, or otherwise in nature, and whether known or unknown, foreseen or unforeseen, suspected or unsuspected, contingent or non-contingent, arising out of or relating to purchases of Doryx® at any time prior to the Effective Date and arising under the Xxxxxxx Act, 15 U.S.C. §§ 1 & 2, et seq., or any other federal or state statute or common law relating to antitrust or unfair competition (the “Released Claims”). The Released Claims include, but are not limited to, any and all claims relating to or arising out of the facts, occurrences, transactions, or other matters alleged or asserted in this Action, or that could have been alleged or asserted in this Action. However, this Settlement Agreement is not intended to release anyone other than the Releasees, is not on behalf of anyone other than the Releasors, and does not affect the claims of the proposed end-payor class, the claims of the Retailer Plaintiffs who filed their own complaints in this matter, or the claims of Mylan Pharmaceuticals, Inc. or its affiliates, nor is it intended to release any actual or potential claims described in Paragraph 1313 of the Settlement Agreement.

Releases and Covenants. Upon the occurrence In consideration of the Effective Date mutual releases contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by each Party, Plaintiff promises, agrees, and releases as follows: 6.1. Except as to such rights or claims as may be created by this Agreement, Plaintiff hereby releases, remises, and forever discharges Defendants and its respective predecessors in consideration of payment of the Settlement Amount specified in Paragraph 6 aboveinterest, Plaintiffs successors and all Class Membersassigns, on behalf of themselves and their respective past and present affiliates, parents, related corporations and/or entities, subsidiaries, affiliates, officersowners, directors, employees, agents, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys servants, and representatives), and their predecessors, successors, heirs, executors, partners (including its general partners), managers, members, trusts, trustees, heirs, beneficiaries, shareholders, alter egos, insurers, carriers, and underwriters, principals, supervisors, officers, employees, property managers, agents, representatives, administrators, and representatives attorneys, and each of them, and all persons acting by, through, under or in concert with such persons (collectively with Defendants, the “ReleasorsDefendants Released Parties”), hereby release from any and forever dischargeall actual claims, potential claims, obligations, debts, injuries, demands, and covenant not to xxx Defendants and their past and present parentscause or causes of action of any kind or nature whatsoever, subsidiarieswhether known or unknown, affiliatesanticipated, officerssuspected, directorsfixed, employeesconditional, agentsor contingent based on, attorneys, servants, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys, servants, and representatives), and the predecessors, successors, heirs, executors, administrators and representatives of each of the foregoing (the “Releasees”), with respect toarising out of, in connection with, or relating in any way to any dealings between the Defendants Released Parties, on the one hand, and all pastPlaintiff on the other hand, presentprior to the Effective Date of this Agreement, or future liabilitiesincluding without limitation, reflected in the Lawsuit, and any other claims, demands, obligations, suits, injuries, damages, levies, executions, judgments, debts, charges, actions, or causes of action, at law or in equity, whether class, individual, or otherwise in nature, and whether known or unknown, foreseen or unforeseen, suspected which Plaintiff has or unsuspectedmay have against Defendants Released Parties related to the Subject Property, contingent or non-contingentfor damages and/or losses, emotional injury, physical injury, mental injuries and/or any damages based on, arising out of of, in connection with, or relating to purchases of Doryx® at in any time prior to way through the Effective Date and arising under the Xxxxxxx ActDate, 15 U.S.C. §§ 1 & 2, et seq., or any other federal or state statute or common law relating to antitrust or unfair competition (the “Released Claims”). The Released Claims includeincluding, but are not limited to, those which may have arisen from the same or similar operative facts as those alleged in the Lawsuit and those which were, or which could have been raised in the Lawsuit or otherwise. 6.2. Plaintiff acknowledges that she has been advised to seek legal counsel or been given the opportunity to obtain legal counsel or has been represented by legal counsel and is familiar with the provisions of California Civil Code § 1542. As to the matters released herein, Plaintiff expressly waives, to the full extent permitted by law, all rights pursuant to §1542 of the California Civil Code which provides as follows: Plaintiff acknowledges that she is aware that she and/or her attorneys may discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of this Agreement, but that it is her intention to settle and release fully, finally and forever, any and all claims disputes and differences, known and unknown, suspected and unsuspected, which now exist, may exist, have existed, or hereafter may exist in the future between them relating to or arising out the subject matter of this Agreement. Plaintiff acknowledges that she understand the effect and importance of the factsprovisions of California Civil Code § 1542 and further acknowledges and agree that this waiver of rights under Section 1542 of the Civil Code has been separately bargained for and is an essential and material term of this Agreement, occurrencesand without such waiver, transactions, or other matters alleged or asserted in this Action, or that could Agreement would not have been alleged or asserted entered into. Plaintiff understand that the facts in respect of which this Action. However, this Settlement Agreement and release is not intended given may hereafter turn out to release anyone be other than or different from the Releasees, is not on behalf of anyone other than facts in connection therewith now believed by it to be true; and Plaintiff hereby accepts and assumes the Releasors, and does not affect the claims risk of the proposed end-payor class, the claims facts turning out to be different and agrees that this release shall be and remain in all respects effective and not subject to termination or rescission by virtue of the Retailer Plaintiffs who filed their own complaints any such difference in this matter, or the claims of Mylan Pharmaceuticals, Inc. or its affiliates, nor is it intended to release any actual or potential claims described in Paragraph 13facts.