Common use of Scope of the Settlement Clause in Contracts

Scope of the Settlement. 3. Upon the entry of the Judgment (or the Alternative Judgment, in the event that none of the Parties hereto elects to terminate this Stipulation as provided in Section I below), the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 4. Upon the Effective Date, Lead Plaintiff and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates and assigns, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, shall thereupon fully, finally and forever, release, settle and discharge the Released Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Claims against any of the Released Defendant Parties. 5. Upon the Effective Date, each of Defendants, on behalf of themselves, the other Released Defendant Parties and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, shall thereupon fully, finally and forever, release, settle and discharge the Released Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff Parties. 6. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for contribution or indemnity between or among Defendants and/or their insurance carriers.

Scope of the Settlement. 330. Upon the entry of the Judgment (or the Alternative Judgment, in or upon the event that entry of an Alternative Judgment if none of the Parties hereto elects to terminate this Stipulation as provided in Section I below)Stipulation, the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein)costs. 431. Upon the Effective Date, Lead Plaintiff Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates interest and assigns, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, shall thereupon fully, finally and forever, release, settle and discharge the Released Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, instituting or continuing to prosecute prosecuting any Released Plaintiffs’ Claims against any of the Released Defendant Parties. 532. Upon the Effective Date, each of the Stipulating Defendants, on behalf of themselves, the other Released Defendant Parties their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest and assigns, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, shall thereupon fully, finally and forever, release, settle and discharge the Released Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff Parties. 6. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for contribution or indemnity between or among Defendants and/or their insurance carriers.

Scope of the Settlement. 38. Upon the entry of the Judgment (or the Alternative Judgment, in the event that none of the Parties hereto elects to terminate this Stipulation as provided in Section I below), the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 49. Upon the Effective Date, Lead the Releasing Plaintiff and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates and assigns, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, Persons shall thereupon fully, finally and forever, release, settle and discharge the Released Defendant Parties Persons from and with respect to every one of the Released Plaintiffs’ Plaintiff’s Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Plaintiff’s Claims against any of the Released Defendant PartiesPersons. 510. Upon the Effective Date, each of Defendants, on behalf of themselves, the other Released Defendant Parties and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, Defendants shall thereupon fully, finally and forever, release, settle and discharge the Released Plaintiff Parties Persons from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff PartiesPersons. 611. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Plaintiff’s Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Plaintiff’s Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Plaintiff’s Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for indemnity or contribution or indemnity between or among Defendants and/or and their insurance carriers.

Scope of the Settlement. 3. Upon the entry 3.1 As of the Judgment (or the Alternative Judgment, in the event that none of the Parties hereto elects to terminate this Stipulation as provided in Section I below), the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 4. Upon the Effective Date, Lead Plaintiff Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates affiliates, and assigns, and any person or entity Person acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, shall thereupon fully, finally finally, and forever, release, settle settle, and discharge the Released Defendant Parties Group from and with respect to every one of the Released Plaintiffs’ ClaimsClaims on the terms set forth herein, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Claims against any of the Released Defendant PartiesGroup. 5. Upon 3.2 As of the Effective Date, Plaintiffs and each and every Class Member shall be deemed bound by the Stipulation and the Judgment. The Judgment, including the release of Defendantsall Released Plaintiffs’ Claims against all Released Group, on behalf of themselvesshall have res judicata, the collateral estoppel, and all other Released Defendant Parties preclusive effect in all pending and any person future lawsuits, arbitrations, or entity acting for other proceedings maintained by, or on behalf of, Plaintiffs or any Class Members, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, predecessors, successors-in-interest, successors, and assigns, and anyone claiming under, through or on behalf of any of them. 3.3 As of the Effective Date, and each of them, the Defendants shall thereupon fully, finally finally, and forever, forever release, settle settle, and discharge the Released Plaintiff Parties Plaintiffs from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting instituting, or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff Parties. 6. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for contribution or indemnity between or among Defendants and/or their insurance carriers.

Scope of the Settlement. 3. Upon the entry of the Judgment (or the Alternative Judgment, in the event that none of the Parties hereto elects to terminate this Stipulation as provided in Section I below), the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 4. Upon the Effective Date, Lead Plaintiff Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates interest and assigns, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, shall thereupon fully, finally and forever, release, settle and discharge the Released Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, instituting or continuing to prosecute prosecuting any Released Plaintiffs’ Claims against any of the Released Defendant Parties. 5. Upon the Effective Date, each of Defendants, on behalf of themselves, the other Released Defendant Parties and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, shall thereupon fully, finally and forever, release, settle and discharge the Released Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff Parties. 6. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for contribution or indemnity between or among Defendants and/or their insurance carriers.