Common use of RELEASES AND WARRANTIES Clause in Contracts

RELEASES AND WARRANTIES. 10.1 As of the Effective Date, all Settlement Class Members and each of their successors, assigns, heirs, and personal representatives, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release and forever discharge with prejudice, and covenant not to xxx, and are permanently enjoined from suing, Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers and assigns of each of the foregoing) from all claims, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of the facts underlying the Action and the Xxxx Action (the “Released Claims”). 10.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases any and all provisions, rights and benefits with respect to the Released Claims conferred by Section 1542 of the California Civil Code and any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Section 1542 of the California Civil Code reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 10.3 The amount of the Class Payment pursuant to this Agreement will be deemed final and conclusive against all Settlement Class Members, who will be bound by all of the terms of this Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the releases provided for herein. 10.4 All proceedings with respect to Settlement administration and Class Payments to Settlement Class Members and determination of any controversies relating thereto, including disputed questions regarding the amount of such Class Payment, will not in any event delay or affect the finality of the judgment entered with the Final Approval Order and Judgment. 10.5 No person will have any claim of any kind against the Parties or their counsel or the Settlement Administrator with respect to the Settlement and the matters set forth herein, or based on determinations or distributions made substantially in accordance with this Agreement, the Final Approval Order and Judgment, or further order(s) of the Court.

RELEASES AND WARRANTIES. 10.1 As of the Effective Date, all Settlement Class Members and each of their successors, assigns, heirs, and personal representatives, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release and forever discharge with prejudice, and covenant not to xxxnox xo sue, and are permanently enjoined from suing, Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers and assigns of each of the foregoing) from all claims, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of the facts underlying the Action and the Xxxx xxx Huey Action (the “Released Claims”“Released Claims”). 10.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases any and all provisions, rights and benefits with respect to the Released Claims conferred by Section 1542 of the California Civil Code and any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Section 1542 of the California Civil Code reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 10.3 The amount of the Class Payment pursuant to this Agreement will be deemed final and conclusive against all Settlement Class Members, who will be bound by all of the terms of this Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the releases provided for herein. 10.4 All proceedings with respect to Settlement administration and Class Payments to Settlement Class Members and determination of any controversies relating thereto, including disputed questions regarding the amount of such Class Payment, will not in any event delay or affect the finality of the judgment entered with the Final Approval Order and Judgment. 10.5 No person will have any claim of any kind against the Parties or their counsel or the Settlement Administrator with respect to the Settlement and the matters set forth herein, or based on determinations or distributions made substantially in accordance with this Agreement, the Final Approval Order and Judgment, or further order(s) of the Court.

RELEASES AND WARRANTIES. 10.1 8.1 As of the Effective Date, all each Settlement Class Members and each of their successors, assigns, heirs, and personal representatives, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release Member releases and forever discharge with prejudice, discharges and covenant covenants not to xxx, and are is permanently enjoined from suing, Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers and assigns of each of the foregoing) from all claims, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of from or related to the facts underlying the Action and the Xxxx Action (the “Released Claims”). 10.2 8.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases any and all provisions, rights and benefits with respect to the Released Claims conferred by Section 1542 of the California Civil Code and any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Section 1542 of the California Civil Code reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 10.3 8.3 The amount of the Class Payment pursuant to this Agreement will shall be deemed final and conclusive against all Settlement Class Members, Members who will shall be bound by all of the terms of this Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the releases provided for herein. 10.4 8.4 All proceedings with respect to Settlement the administration and Class Payments to Settlement Class Members under this Settlement and the determination of any all controversies relating thereto, including disputed questions regarding of law and fact with respect to the amount of such Class Payment, will shall not in any event delay or affect the finality of the judgment entered with the Final Approval Order and JudgmentOrder. 10.5 8.5 No person will shall have any claim of any kind against the Parties or their counsel or the Settlement Administrator with respect to the Settlement and the matters set forth hereinin part 6 hereof, or based on determinations or distributions made substantially in accordance with this Agreement, the Final Approval Order and JudgmentOrder, the final judgment, or further order(s) of the Court.

RELEASES AND WARRANTIES. 10.1 As 8.1. Except as otherwise set forth herein or as to obligations created hereby, as of the Effective DateDate and FieldTurf’s remittance of all Class Payments, all each Settlement Class Members Member who does not validly and each timely request exclusion from the Settlement, on their own behalf and on behalf of their successorspresent and former principals, agents, servants, partners, joint venturers, employees, contractors, predecessors, assigns, heirs, and personal representativesspouses, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release and forever discharge with prejudice, and covenant not to xxx, and are permanently enjoined from suing, Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirsbeneficiaries, executors, administrators, successorsrepresentatives, purchasers insurers, underwriters, accountants, and assigns of each of lawyers, separately and collectively, releases and forever discharge and covenants not to sue, and is permanently enjoined from suing the foregoing) from all claims, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of the facts underlying the Action and the Xxxx Action (the “Released Parties over Released Claims”). 10.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases any and all provisions, rights and benefits with respect . This release will include claims relating to the Released Claims conferred by Section 1542 of which the Releasing Parties are presently unaware or which the Releasing Parties do not presently suspect to exist which, if known to the Releasing Parties, would materially affect the Releasing Parties’ release of the Released Parties. 8.2. The Releasing Parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of California Civil Code and any law of any state or territory of the United States§ 1542, or principle any other similar provision under federal or state law. The Releasing Parties understand that California Civil Code § 1542 states: The Releasing Parties expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. Section 1542 In connection with such waiver and relinquishment, the Releasing Parties hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the California Civil Code reads: A Released Claims known or unknown, suspected or unsuspected, that they have against the Released Parties. In furtherance of such intention, the release herein given by the Releasing Parties to the Released Parties shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Each Releasing Party and Released Party expressly acknowledges that he/she/it has been advised by his/her/its attorney of the contents and effect of Section 1542, and with knowledge, each of the Releasing Parties and Released Parties hereby expressly waives whatever benefits he/she/it may have had pursuant to such section. Plaintiffs and Settlement Class Members who do not validly and timely request exclusion from the Settlement shall be deemed by operation of the Final Approval Order and Final Judgment to have acknowledged that the foregoing waiver was separately bargained for and a material element of the Settlement of which this release is a part. This Release does not extend to include claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyfor any personal physical injuries. 10.3 8.3. The amount of the Class Payment Payments pursuant to this Settlement Agreement will shall be deemed final and conclusive against all Settlement Class Members, Members who will shall be bound by all of the terms of this Agreement and the SettlementSettlement Agreement, including the terms of the Final Judgment to be entered in the Action and the releases provided for herein. 10.4 All proceedings with respect to Settlement administration and Class Payments to Settlement Class Members and determination of any controversies relating thereto, including disputed questions regarding the amount of such Class Payment, will not in any event delay or affect the finality of the judgment entered with the Final Approval Order and Judgment. 10.5 8.4. No person will shall have any claim of any kind against the Parties or Parties, their counsel counsel, or the Settlement Administrator with respect to the Settlement and the matters set forth hereinin Section 6 hereof, or based on determinations or distributions made substantially in accordance with this Settlement Agreement, the Final Approval Order and Order, the Final Judgment, or further order(s) of the Court. 8.5. Except as otherwise set forth herein or as to obligations created hereby, Defendants will be deemed to have completely released and forever discharged Plaintiffs and Class Counsel from and for any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, relating to the institution, prosecution, or settlement of the Action, except for claims relating to the enforcement of the Settlement or this Settlement Agreement, and for the submission of false or fraudulent claims for Settlement benefits.

RELEASES AND WARRANTIES. 10.1 8.1 As of the Effective Date, all Settlement each Subscriber Class Members and each of their successors, assigns, heirs, and personal representatives, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release Member releases and forever discharge with prejudice, discharges and covenant covenants not to xxx, and are is permanently enjoined from suing, suing Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers and assigns of each of the foregoing) from all claimsthe Released Claims. 8.2 The Releasing Persons expressly waive and relinquish, whether to the fullest extent permitted by law, the provisions, rights, and benefits of California Civil Code § 1542, or any other similar provision under federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of the facts underlying the Action state law. The Releasing Persons understand that California Civil Code § 1542 states: The Releasing Persons expressly waive and the Xxxx Action (the “Released Claims”). 10.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases relinquish any and all provisions, rights and benefits with respect to the Released Claims conferred by Section 1542 of the California Civil Code and any law of any state or territory of the United Statesthat they may have under, or principle that may be conferred upon them by, the provisions of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. Section 1542 In connection with such waiver and relinquishment, the Releasing Persons hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the California Civil Code reads: A Released Claims known or unknown, suspected or unsuspected, that they have against the Released Persons. In furtherance of such intention, the release herein given by the Releasing Persons to the Released Persons shall be and remain in effect as a full and complete general release does not extend notwithstanding the discovery or existence of any such additional different claims or facts. Each Releasing Person and Released Person expressly acknowledges that he/she/it has been advised by his/her/its attorney of the contents and effect of Section 1542, and with knowledge, each of the Releasing Persons and Released Persons hereby expressly waives whatever benefits he/she/it may have had pursuant to claims such section. Named Plaintiff and Subscriber Class Members shall be deemed by operation of the Final Approval Order and Final Judgment to have acknowledged that the creditor or releasing party does not know or suspect to exist in his or her favor at foregoing waiver was separately bargained for and a material element of the time Settlement of executing the which this release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyis a part. 10.3 8.3 The amount of the Class Payment pursuant to this Agreement will shall be deemed final and conclusive against all Settlement Subscriber Class Members, Members who will shall be bound by all of the terms of this Agreement and the SettlementAgreement, including the terms of the Final Judgment to be entered in the Action and the releases provided for herein. 10.4 All proceedings with respect to Settlement administration and Class Payments to Settlement Class Members and determination of any controversies relating thereto, including disputed questions regarding the amount of such Class Payment, will not in any event delay or affect the finality of the judgment entered with the Final Approval Order and Judgment. 10.5 8.4 No person will shall have any claim of any kind against the Parties or Parties, their counsel counsel, or the Settlement Administrator with respect to the Settlement and the matters set forth hereinin Section 6 hereof, or based on determinations or distributions made substantially in accordance with this Agreement, the Final Approval Order and Order, the Final Judgment, or further order(s) of the Court.

RELEASES AND WARRANTIES. 10.1 As of the Effective Date, all Settlement Class Members and each of their successors, assigns, heirs, and personal representatives, in consideration of the obligations set forth in this Agreement, shall finally and irrevocably release and forever discharge dixxxarge with prejudice, and covenant not to xxxsue, and are permanently enjoined from suing, Apple, its past or present parents, subsidiaries, divisions, affiliates, stockholders, officers, directors, insurers, employees, agents, attorneys, and any of their legal representatives (and the predecessors, heirs, executors, administrators, successors, purchasers and assigns of each of the foregoing) from all claims, whether federal or state, known or unknown, asserted or unasserted, regardless of legal theory, arising out of xx the facts underlying the Action and the Xxxx Huey Action (the “Released Claims”“Released Claims”). 10.2 Each Settlement Class Member expressly agrees that, upon the Effective Date, he, she, or it waives and forever releases any and all provisions, rights and benefits with respect to the Released Claims conferred by Section 1542 of the California Civil Code and any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to Section 1542 of the California Civil Code. Section 1542 of the California Civil Code reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 10.3 The amount of the Class Payment pursuant to this Agreement will be deemed final and conclusive against all Settlement Class Members, who will be bound by all of the terms of this Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the releases provided for herein. 10.4 All proceedings with respect to Settlement administration and Class Payments to Settlement Class Members and determination of any controversies relating thereto, including disputed questions regarding the amount of such Class Payment, will not in any event delay or affect the finality of the judgment entered with the Final Approval Order and Judgment. 10.5 No person will have any claim of any kind against the Parties or their counsel or the Settlement Administrator with respect to the Settlement and the matters set forth herein, or based on determinations or distributions made substantially in accordance with this Agreement, the Final Approval Order and Judgment, or further order(s) of the Court.