Settlement Class Members’ Release. Settlement Class Members and Plaintiff will release and forever discharge all claims, demands, rights, liabilities and causes of action whether under state or federal law, that were pled in any of the Complaints in the Action, including the Proposed First Amended Complaint pursuant to the terms of this Agreement, or which could have been pled in any of the Complaints in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims: arising out of or related to allegations set forth in the operative Complaint or any PAGA Notice to the Labor and Workforce Development Agency (LWDA) related to this matter, including but not limited to: claims for minimum wage violations; failure to pay overtime wages; failure to pay wages timely; penalties; rest period violations; meal period violations; failure to keep proper records; itemized wage statement violations; waiting time penalties; unfair competition; declaratory relief; (claims under Labor Code sections 201, 202, 203, 204, 210, 226, 226.2, 226.3, 226.7, 510, 512, 1102.5, sections 11 and 12 of the applicable IWC Wage Order(s) and the California Business and Professions Code § 17200 et seq. based on the foregoing Labor Code violations); and claims for civil penalties pursuant to the California Private Attorneys General Act; including, but not limited to, injunctive relief; liquidated damages, penalties of any nature; interest; fees; costs; and all other claims and allegations made or which could have been made in the Action and/or in the form of a PAGA claim from August 29, 2015 through the date of preliminary approval of the Settlement (collectively, “Released Claims”). Except for the release under the PAGA, the release period shall be the same time period as the Class Period.
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, rights, liabilities and causes of action that were pled in the operative Complaint in the Action (which is the proposed First Amended Complaint attached hereto as Exhibit A), or which could have been pled in the operative Complaint in the Action (which is the proposed First Amended Complaint attached hereto as Exhibit A) based on the factual allegations therein, that arose during the Class Period including but not limited to the following claims:
(a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to pay all wages at the agreed-upon rate; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-complaint rest periods;
(e) failure to provide accurate, itemized wage statements; (f) failure to timely pay wages upon separation of employment; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above(collectively, the “Released Claims”).
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, rights, liabilities and causes of action that were pled, or which could have been pled in the operative First Amended Complaint in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims, that arose during the Class Period with respect to the following claims: (a) failure to pay all overtime wages owed; (b) failure to pay all minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to reimburse necessary business expenses; (f) failure to issue accurate, itemized wage statements; (g) failure to pay all wages upon termination; (h) all claims for unfair business practices under Business and Professions Code section 17200, et seq that could have been premised on the facts, claims, causes of action or legal theories described above; and (i) violations of Labor Code sections 201, 202, 203, 204, 210, 218.5, 218.6, 226 et seq., 226.3, 226.7, 510, 512, 516, 558, 1118.12, 1194, 1194.2, 1197, 1197.1, 1198, 2802 and 2698, et seq., and the Industrial Welfare Commission Wage Orders, including, but not limited to, IWC Wage Order No. 16 and claims under Code of Civil Procedure section 1021.5, Civil Code sections 3287 and 3289 that could have been sought based on the causes of action or legal theories described above (collectively, the “Released Claims”).
Settlement Class Members’ Release. Effective upon the Final Settlement Date, the Plaintiff and all Settlement Class Members, and each of their respective successors, assigns, legatees, heirs, and personal representatives release and forever discharge Sharecare and each of its direct or indirect parents, wholly or majority-owned subsidiaries, affiliated and related entities, predecessors, successors and assigns, partners, privities, and any of its present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages (including punitive or any other form of exemplary damages), charges, fines, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of any of the acts, omissions or other conduct of Sharecare in fulfilling records requests on behalf of entities subject to M.G.L. c. 111, § 70 and invoicing and receiving payment for its services, including, without limitation, any claims or actions that were or could have been alleged in the Action, and any acts or omissions on the part of Sharecare which allegedly violate
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, damages, rights, liabilities, interest, penalties and causes of action that were pled in the operative Complaint in the Action, or which could have been pled in the operative Complaint in the Action based on the factual allegations therein, that arose during the Class Period including but not limited to the following claims: (a) failure to pay all minimum wages owed resulting from, among other things, alleged unlawful rounding of hours worked; (b) failure to pay all overtime wages owed resulting from, among other things, alleged unlawful rounding of hours worked and failing to properly calculate the regular rate of pay;
Settlement Class Members’ Release. Except for the obligations and rights created 5 by this Agreement, the Releasing Parties hereby fully, finally, and forever, waive, release, and 7 Claims and promise never to assert in any forum any and all Settled Claims as of the Final Effective 8 Date. Upon the Final Effective Date, all Settlement Class Members will be bound by the Settlement 9 and releases herein, regardless of whether or not they received a settlement payment.
Settlement Class Members’ Release. As consideration for this Agreement, as of the date of payment for of the Incentive Awards, the Settlement Class Members, including each and every one of their respective agents, representatives, attorneys, heirs, assigns, or any other person acting on their behalf or for their benefit hereby generally release and discharge Released Parties from any and all claims, demands, rights, causes of action, compensatory and punitive damages, attorneys’ fees, costs, debts that were asserted in the Fifth Amended Complaint.
Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, rights, liabilities and causes of action that were pled, or could reasonably have been pled based on the factual allegations, in any of the Complaints in the Action that arose during the Class Period with respect to the following claims: (a) failure to pay all minimum wages owed; (b) failure to pay overtime wages owed; (c) failure to provide meal periods, or premium pay for non- compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to timely pay all wages due upon separation of employment; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, the “Released Claims”).
Settlement Class Members’ Release. As of the Effective Date of the Agreement, each Settlement Class Member shall be deemed to have fully, finally and forever released the Defendants from all Released Claims. Without limiting the foregoing, the Released Claims released pursuant to this Agreement specifically extend to all claims and potential claims that Settlement Class Members do not know or suspect to exist in their favor as of or prior to the Effective Date. The Parties agree (and by operation of law, all Settlement Class Members are deemed to agree) that this Section constitutes a waiver of California Civil Code section 1542 and any similar or comparable provisions, rights and benefits conferred by the law of any state or territory of the United States or any jurisdiction, and any principle of common law. California Civil Code section 1542 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. By operation of law, each Settlement Class Member shall be deemed to understand and acknowledge the significance of these waivers of California Civil Code Section 1542 and/or of any other applicable law relating to limitations on releases. In connection with such waivers and relinquishment, each Settlement Class Member shall be deemed to acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they now know or believe to be true with respect to the subject matter of the Agreement, but that they are deemed to release fully, finally and forever all Released Claims, and in furtherance of such intention, the release will remain in effect notwithstanding the discovery or existence of any such additional or different facts. The Parties acknowledge (and all Settlement Class Members by operation of law shall be deemed to have acknowledged) that the release of unknown Released Claims is an essential and material term of this Agreement, and that without such release the Settlement would not have been agreed to. Notwithstanding the foregoing waiver, nothing in this Section 7.3 shall be construed to release any claim which is not a Released Claim, such as claims arising from breach of this Agreement, including the warranty in Section 7.1.
Settlement Class Members’ Release. Settlement Class Members and Plaintiff will release and forever discharge all claims, demands, rights, liabilities and causes of action that were pled in, or arising out of facts asserted in, the operative Second Amended Complaint that arose during the Class Period with respect to the following claims: (a) failure to pay all overtime wages owed; (b) failure to pay minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to issue accurate, itemized wage statements; (f) failure to pay all wages due upon separation of employment; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, “Released Claims”). Except as provided for under the Settlement Agreement, Class Members (who do not submit a timely Request for Exclusion) will not be eligible to receive or receive any additional wages or penalty payments based on the Released Claims from Defendants. The time period for the release of the Released Claims against the Released Parties shall be the same time period as the Class Period. PAGA Release: PAGA Employees, including Plaintiff, will release and forever discharge all claims, demands, rights, liabilities and causes of action under the California Labor Code Private Attorneys General Act of 2004 against the Released Parties based on (as alleged in the letters to the Labor & Workforce Development Agency (“LWDA”) January 30, 2020 and December 9, 2020): the (a) failure to pay all overtime wages owed; (b) failure to pay minimum wages owed; (c) failure to provide meal periods, or premium pay for non-compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to issue accurate, itemized wage statements; and (f) failure to pay all wages due upon separation of employment that occurred during the PAGA Period (collectively, “PAGA Released Claim”). The PAGA Period and the time period of the PAGA Released Claims is defined as the time period January 30, 2019 through [the date the Court enters the order granting preliminary approval] (“PAGA Period”). The releases identified herein shall become effective on the date on which Defendants fully fund the Settlement (“Effective Date of the Release”). Upon the Effective Date of the Release, all ...
