Releases and Dismissals. 7.1 Upon the Effective Date, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in this Settlement Agreement, the Releasors will fully, finally, forever and absolutely release, relinquish, acquit, and discharge the Releasees from and for the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have, and shall not now or hereafter institute, maintain, or assert on their own behalf, on behalf of the Class, or on behalf of any other person or entity, any Released Claims.
7.2 Without limiting any other provisions herein, each Releasor who did not opt out will be deemed by the Settlement Agreement completely and unconditionally to have released and forever discharged the Releasees from any and all Released Claims, including all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever, whether known or unknown, that were asserted or could have been asserted in the Proceedings that are the subject of this Settlement Agreement or in relation to any of the facts alleged therein.
7.3 Upon the Effective Date, each Releasor will be forever barred and enjoined from continuing, commencing, instituting, maintaining, asserting or prosecuting, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim, litigation, investigation or other proceeding in any court of law or equity, arbitration, tribunal, proceeding, governmental forum, administrative forum, or any other forum, directly, representatively, or derivatively, against any of the Releasees, and/or any other person or third-party who may claim contribution or indemnity or claim over other relief from any Releasee, in respect of any Released Claims. For greater certainty and without limiting the foregoing, the Releasors shall not assert or pursue a Released Claim against any Releasee under the laws of any foreign jurisdiction.
7.4 Upon the Effective Date, the B.C. Action shall be dismissed with prejudice as against the Settling Defendants and without costs to the Parties.
7.5 Upon the Effective Date, each Class Member shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of any other action or proceeding relating to the Released Claims against the Releasees a...
Releases and Dismissals.
7.1 Release of Releasees
(1) Upon the Effective Date, subject to Section 7.2, and in consideration of payment of the Settlement Amount and other valuable consideration set forth in the Settlement Agreement, the Releasors:
(a) shall finally, fully, forever and absolutely waive, release, relinquish and discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have;
(b) shall forever be enjoined from prosecuting in any forum any Released Claim against any of the Releasees; and
(c) agree or covenant not to xxx any of the Releasees on the basis of any Released Claims or to assist any third party in commencing or maintaining any suit against any of the Releasees related in any way to any Released Claim.
(2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention; this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts.
Releases and Dismissals. As a condition and term of this settlement, within two business days after the conditions precedent in Paragraphs 5-8 are met, the parties will execute mutual releases in the form attached hereto as Exhibit B, with each party to bear its own costs and attorneys’ fees.
Releases and Dismissals. As of the Effective Date,
Releases and Dismissals. 1.1 Mutual Release and Discharge. ---------------------------- The parties, on behalf of themselves and each of their officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, hereby forever release and discharge each other and their present and former officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, from any and all present or past claims, demands, losses, liabilities, obligations, or causes of action, including, without restricting the generality of the foregoing, claims for costs or attorneys' fees, known or unknown, relating to or arising out of the Lawsuit, entry of the Stipulated Judgment, or the Levy. Said released and discharged claims, demands, liabilities, obligations, or causes of action include those claims or causes of action either stated or which could have been stated in the Lawsuit.
Releases and Dismissals. (a) Upon the Effective Date, each of the Plaintiffs shall have, and each of the Settlement Class Members who are not Opt-Outs shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties, and covenanted not to xxx the Released Parties on the Released Claims.
(b) With respect to the Released Claims, the Settling Parties stipulate and agree that, upon entry of the Final Approval Order, the Plaintiffs and each of the Settlement Class Members shall expressly deem to have, and by operation of the Final Approval Order shall have, waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of § 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.
(c) Each Plaintiff and Settlement Class Member, upon entry of the Final Approval Order, shall be deemed to have, and by operation of the Final Approval Order shall have, waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code as to the Released Parties. Plaintiffs and Settlement Class Members may hereafter discover facts in addition to or different from those which, he, she, or it now knows or believes to be true with respect to the subject matter of the Released Claims, but Plaintiffs and each Settlement Class Member, upon entry of the Final Approval Order, shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future against the Released Parties, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. The Settling Parties ackno...
Releases and Dismissals. 2.1 Upon execution of this Settlement Agreement Sierra will dismiss the Action with prejudice.
2.2 It is further agreed that the Parties (as between themselves) shall assume and bear their own costs of the Action and resolution of all of the claims referenced herein, including attorneys' fees and mediator expenses incurred as a result of or in connection therewith.
2.3 Release Of Kaiser By Sierra. In exchange for performance and satisfaction of the obligations assumed by the Parties hereto as set forth above, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Sierra, for itself and its past and present directors, officers, partners, employees, subsidiaries, affiliates, insurers, attorneys, stockholders, agents, representatives, and successors in interest, does hereby unconditionally, irrevocably and forever release and discharge Kaiser and any and all of its directors, officers, employees, subsidiaries, affiliates, insurers, attorneys, stockholders, agents, representatives, all past or present persons or organizations cooperating in the conduct of the Kaiser healthcare program commonly known as the Kaiser Permanenxx Xxxical Care Program, and all other persons xx xxx kind who have acted or are acting by, through, under, for, or in concert with Kaiser ("Kaiser Released Parties") from any and all liabilities, acts, actions, causes or action, suits, proceedings, debts, dues and sums of money, accounts, accountings, reckonings, bonds, bills, covenants, contracts, (including any covenants to be performed under the Related Agreements after October 31, 1998), controversies, conveyances, leases, assignments, agreements, promises, representations, trespasses, costs, expenses, damages, judgments, executions, defenses, offsets, counterclaims, claims and demands, or any combination of the same, of any nature whatsoever, whether known or unknown, contingent or certain, whether at law or in equity, irrespective of whether arising from tort, contract, violations of laws or regulations, whether alleging NEGLIGENCE, FRAUD or other intentional act, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, bad faith, violations of the Federal Racketeer Influence and Corrupt Organization Act, or deceptive trade practices, which Sierra ever had, has, or may have in the future against any ...
Releases and Dismissals. 2.7.1. Upon the Effective Date, Class Representatives and each of the Settlement Class Members shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims.
Releases and Dismissals. 4.1 Releases
(a) Upon the Effective Date, the Releasors forever and absolutely release, acquit, and discharge the Releasees from the Released Claims. For the consideration provided herein, the Releasors agree not to make any claim or take, commence or continue any proceedings arising out of or relating to the subject matter of the Released Claims against any other person, corporation or entity (including, without limitation, any regulators, health care professionals, health care providers, health care facilities, pharmacies, or other distributors of the Chemotherapy Drugs) which might claim damages and/or contribution and indemnity and/or other relief under the provisions of the Negligence Act, R.S.O. 1990, c N.1 or other comparable provincial legislation and any amendments thereto, the common law, or any other statute for any relief whatsoever, including relief of a monetary, declaratory or injunctive nature, from one or more of the Releasees.
(b) Upon the Effective Date, the Releasees forever and absolutely release, acquit, and discharge each other from the Released Claims and from any other claims, demands, actions, suits and causes of action, including claims for contribution and indemnity or otherwise, relating in any way to any act or omission by the Releasees, whether known or unknown, concerning the Dosing Incident or any act or omission asserted, alleged or referenced or which could have been asserted, alleged or referenced in the Class Action, and agree not to make or continue any other claim, or take, commence or continue any proceeding against any other person, corporation or entity (including, without limitation, any regulator, health care professionals, health care providers, health care facilities, pharmacies, or other distributors of the Chemotherapy Drugs) which might claim damages and/or contribution and indemnity and/or any other relief under the provisions of the Negligence Act, R.S.O. 1990, c. N.1 or other comparable legislation and any amendments thereto, the common law, or any other statute for any relief whatsoever, including relief of a monetary, declaratory or injunctive nature, from one or more of the Releasees;
(c) The Parties intend that the Settlement Agreement will be approved by the Ontario Court and will result in the dismissal of all claims asserted or which could have been asserted by Class Members and Family Class Members on the terms set forth herein;
(d) Orders will be sought at the Approval Hearing which shall include...
Releases and Dismissals. 8.1. Plaintiffs and Claimants who agree to participate in the Settlement Program will execute Releases and Dismissals as described in Paragraphs 8.2 and 8.3 below. Under no circumstances shall any payment from the Settlement Funds be made to a Plaintiff or Claimant who has not fully executed a Release and Dismissal and provided a signed copy to Lead Defense Counsel.
