Common use of Scope of Releases Clause in Contracts

Scope of Releases. 3.2.1 The Releases set forth in this Article 3 hereof, and as approved by the Court as described herein, are not intended to include the release of any rights or duties arising directly out of this Settlement Agreement, including the express warranties and covenants contained herein. 3.2.2 The Releases set forth in this Settlement Agreement, and as approved by the Court as described herein, shall be effective as a bar to any and all currently unsuspected, unknown, partially known or known claims related to and within the scope of the express terms and provisions of the Released Claims. Accordingly, Plaintiff (on behalf of the Releasing Parties) hereby expressly waives, and Defendants (on behalf of the Released Parties) hereby expressly waive, any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil Code, or by any similar, comparable, or equivalent law of any state or territory of the United States with regard to Released Claims. Section 1542 reads in pertinent part: The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and any similar, comparable, or equivalent law of any state or territory of the United States, was separately bargained for and that neither Plaintiff, the Releasing Parties, Defendants, nor the Released Parties would consent to this Settlement Agreement unless it included a broad release of all unknown claims. Each expressly agree that all release provisions in the Settlement Agreement shall be given full force and effect in accordance with each and all of their express terms and provisions, including those terms and provisions relating to unknown, unsuspected or future claims, demands, and causes of action. Plaintiff assumes for himself on his own behalf and on behalf of the Releasing Parties the risk of his, her, or its respective subsequent discovery or understanding of any matter, fact, or law, that, if now known or understood, would in any respect have affected his, her, or its entering into this Settlement Agreement.

Scope of Releases. 3.2.1 3.4.1. The Releases set forth in this Article 3 hereof, and as approved by the Court as described herein, are not intended to include the release of any rights or duties arising directly out of this Settlement Agreement, including the express warranties and covenants contained herein. 3.2.2 3.4.2. The Releases set forth in this Settlement Agreement, and as approved by the Court as described herein, shall be effective as a bar to any and all currently unsuspected, unknown, partially known or known claims related to and within the scope of the express terms and provisions of the Released Plaintiffs’ Claims and Released Defendants’ Claims. Accordingly, Plaintiff (Plaintiffs hereby expressly waive, on their own behalf and on behalf of the Releasing Parties) Plans and all participants, fiduciaries, and beneficiaries in or of the Plans, Defendants and the Released Parties hereby expressly waiveswaive, on their own behalf and Defendants (on behalf of the Released Parties) hereby expressly waive, any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil Code, or by any similar, comparable, or equivalent law of any state or territory of the United States with regard to Released Plaintiffs’ Claims and Released Defendants’ Claims. Section 1542 reads in pertinent part: The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and any similar, comparable, or equivalent law of any state or territory of the United States, was separately bargained for and that neither PlaintiffPlaintiffs, the Releasing Parties, nor Defendants, nor the Released Parties would consent to this Settlement Agreement unless it included a broad release of all unknown claims. Each expressly agree that all release provisions in the Settlement Agreement shall be given full force and effect in accordance with each and all of their express terms and provisions, including those terms and provisions relating to unknown, unsuspected or future claims, demands, and causes of action. Plaintiff assumes Plaintiffs assume for himself themselves on his their own behalf and on behalf of the Releasing Parties Plans and the participants, fiduciaries, and beneficiaries in or of the Plans, the risk of his, her, or its respective subsequent discovery or understanding of any matter, fact, or law, that, if now known or understood, would in any respect have affected his, her, or its entering into this Settlement Agreement.

Scope of Releases. 3.2.1 3.4.1. The Releases releases set forth in this Article 3 hereofSections 3.1, 3.2, and as approved by 3.3 (the Court as described herein, “Releases”) are not intended to include the release of any rights or duties arising directly out of this Settlement Agreement, including the express warranties and covenants contained herein. 3.2.2 The Releases set forth in this Settlement Agreement. 3.4.2. As limited by Sections 3.1, 3.2, and as approved by 3.3, the Court as described herein, Parties intend and agree that the Releases granted in this Article 3 shall be effective as a bar to any and all currently unsuspected, unknown, or partially known or known claims related to and within the scope of the their express terms and provisions of the Released Claimsprovisions. Accordingly, Plaintiff (Named Plaintiffs hereby expressly waive, on their own behalf and on behalf of all members of the Settlement Class and on behalf of the Releasing Parties) hereby expressly waivesPlan, and Defendants (on behalf of the Released Parties) hereby expressly waive, any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil CodeCode and all similar provisions of the statutory or common laws of any other State, Territory, or by any similar, comparable, or equivalent law of any state or territory of the United States with regard to Released Claimsother jurisdiction. Section 1542 reads in pertinent part: The Parties “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Named Plaintiffs, on their own behalf and on behalf of all members of the Settlement Class and on behalf of the Plan, and Defendants each hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and any similar, comparable, all similar provisions of the statutory or equivalent common law of any state other State, Territory, or territory of the United States, other jurisdiction was separately bargained for and that neither PlaintiffNamed Plaintiffs, on the Releasing Partiesone hand, nor Defendants, nor on the Released Parties other, would consent to enter into this Settlement Agreement unless it included a broad release of all unknown claims. Each Named Plaintiffs, on their own behalf and on behalf of all members of the Settlement Class and on behalf of the Plan, and Defendants each expressly agree that all release provisions in the this Settlement Agreement shall be given full force and effect in accordance with each and all of their express terms and provisions, including those terms and provisions relating to unknown, unsuspected or unsuspected, and future claims, demands, and causes of action. Plaintiff assumes Named Plaintiffs assume for himself on his own behalf themselves, and on behalf of the Releasing Parties Settlement Class and on behalf of the Plan, and Defendants assume for themselves, the risk of his, her, her or its respective subsequent discovery or understanding of any matter, fact, or law, that, that if now known or understood, would in any respect have affected his, her, or its entering into this Settlement Agreement.

Scope of Releases. 3.2.1 3.5.1. The Releases set forth in this Article Section 3 hereof, and as approved by the Court as described herein, are not intended to include the release of any rights or duties arising directly out of this Settlement Agreement, including the express warranties and covenants contained herein. 3.2.2 The Releases set forth in this Settlement Agreement, . 3.5.2. The Parties intend and as approved by agree that the Court as described herein, Releases granted in this Article 3 shall be effective as a bar to any and all currently unsuspected, unknown, or partially known or known claims related to and Claims within the scope of the their express terms and provisions of the Released Claimsprovisions. Accordingly, Plaintiff (the Plaintiffs hereby expressly waive, on their own behalf and on behalf of the Releasing Parties) hereby expressly waivesPlan, and the Defendants (on behalf of the Released Parties) hereby expressly waive, any and all rights and benefits respectively conferred upon them by the provisions of Section 1542 of the California Civil CodeCode and all similar provisions of the statutory or common laws of any other State, Territory, or by any similar, comparable, or equivalent law of any state or territory of the United States with regard to Released Claimsother jurisdiction. Section 1542 reads in pertinent part: A general release does not extend to claims that 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. 3.5.3. The Parties Plaintiffs and the Defendants each hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code and any similar, comparable, all similar provisions of the statutory or equivalent common law of any state other State, Territory, or territory of the United States, other jurisdiction was separately bargained for and that neither Plaintiffthe Plaintiffs, on the Releasing Parties, Defendantsone hand, nor the Released Parties Defendants, on the other, would consent to enter into this Settlement Agreement unless it included a broad release of all of the Released Claims, including the unknown claimsClaims, relating to the Class Period. Each The Plaintiffs and the Defendants each expressly agree that all release provisions in the this Settlement Agreement shall be given full force and effect in accordance with each and all of their express terms and provisions, including those terms and provisions relating to unknown, unsuspected or unsuspected, and future claimsClaims, demands, and causes of action. Plaintiff assumes The Plaintiffs and Defendants assume for himself on his own behalf and on behalf of the Releasing Parties themselves, the risk of his, her, her or its respective subsequent discovery or of understanding of any matter, fact, or law, that, that if now known or understood, would in any respect have affected his, her, or its entering into this Settlement Agreement.