Settlement Class Members’ Released Claims Sample Clauses

Settlement Class Members’ Released Claims. Plaintiffs and every member of the Settlement Class, will release and discharge Defendant, and all of its former and present parents and subsidiaries, and their current and former officers, directors, employees, partners, shareholders and agents, and the predecessors, successors, assigns, and legal representatives of all such entities and individuals (collectively, the “Released Parties”) as follows: Plaintiffs and Settlement Class Members will release the Released Parties from any and all wage-and-hour claims, rights, demands, liabilities and causes of action that that were pled or could have been pled based on the factual allegations in the Operative Complaint, arising during the Class Period, including, but not limited to, statutory, constitutional, contractual or common law claims for wages, damages, unpaid costs, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief, for the following categories of allegations: all claims for failure to pay wages for hours worked, including regular wages and overtime premium pay; all claims for failure to pay the minimum wage in accordance with applicable law; all claims for the failure to provide compliant meal and/or rest periods and associated premium pay in accordance with applicable law; all claims for recordkeeping violations; all claims for pay stub violations; all claims for failing to timely pay wages during employment and upon termination and associated waiting time penalties; all claims for unreimbursed business expenses; all claims under the California Business and Professions Code §§ 17200 et. seq. based on the aforementioned; and all claims for civil and statutory penalties, including and not limited to those recoverable under California Labor Code § 2698 et seq, (“PAGA”), based on the aforementioned (the “Released Claims”).
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Settlement Class Members’ Released Claims. 4 (a) Authorized Claimants: Upon the Effective Date of the Settlement, the Class 5 Representative and Authorized Claimants (other than those who submit valid and timely Exclusion 6 Letters) will release and forever discharge Defendants, and each of their former and present 7 predecessors, successors, parents, subsidiaries, franchisors, insurers, and affiliates, whatever their 8 current or former legal names or legal entity status, and each of their respective current and former owners, officers, directors, employees, partners, shareholders, and agents, and any other successors, 11 assigns, or legal representatives (“Released Parties”), from any and all claims, rights, demands, 12 liabilities, and causes of action of every nature and description, whether known or unknown, for the 13 limitations period dating back to three years prior to the date the Court grants preliminary approval 14 (“Release Period”), arising out of, based on, or encompassed by: (a) the claims that were asserted in 15 any civil complaint filed in this case on behalf of any Settlement Class Member; (b) claims that 16 relate to or arise out of the reimbursement of expenses, under-reimbursement of expenses, or failure to reimburse expenses of any kind; (c) claims that relate to or arise out of the payment of the 19 applicable minimum wage, under-payment of the applicable minimum wage, or failure to pay the 20 applicable minimum wage; or (d) claims that arise under the Fair Labor Standards Act (FLSA), 21 Pennsylvania wage and hour law, or any similar federal, state, municipal or local laws. Without 22 limiting the generality of the foregoing, the claim preclusion effect of this Settlement, and the 23 judgment thereon, for res judicata purposes shall be co-extensive with this release of claims 24 (collectively, the “Authorized Claimant Released Claims”). 26 (b) Non-Claimant Settlement Class Members: Upon the Effective Date of the Settlement, 27 the Class Representative and Non-Claimant Settlement Class Members (other than those who submit 28 valid and timely Exclusion Letters) will release and forever discharge Defendants, and each of their 1 former and present predecessors, successors, parents, subsidiaries, franchisors, insurers, and 2 affiliates, whatever their current or former legal names or legal entity status, and each of their 3 respective current and former owners, officers, directors, employees, partners, shareholders, and 4 agents, and any other successors, assigns, or legal repre...
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Settlement Class Members’ Released Claims. As of the Effective Date, Plaintiff and all Class Members who did not submit timely and valid requests for exclusion from the Settlement (again, the “Settlement Class Members”), will release and forever discharge Defendant CP Retail, LLC, Capital Partners Xxxxx’s Closet, LLC, Winmark Corporation, Team Belleci, Inc., and each of their current and former partners, shareholders, directors, employees, owners, officers, agents, attorneys, insurers, successors, affiliates, subsidiaries, and assigns (again, the “Released Parties”), from Settlement Class Members’ Released Claims during the Class Period. The Settlement Class Members’ Released Claims means the release of claims by Settlement Class Members, including Plaintiff, pled in the operative complaint of this Lawsuit filed in the Stanislaus County Superior Court Case No. CV-21-000723, or claims that could have been pled based on the facts pled, or claims that could have been pled for: unpaid minimum and overtime wages, non- compliant meal and rest break and/or failure to pay premiums owed thereon, forfeited vested vacation, failure to provide suitable seating, unreimbursed business expenses, maintenance and issuance of inaccurate wage statements, untimely wages during employment and upon separation, and violations of the Private Attorneys General Act of 2004 and California Business and Professions Code. Settlement Class Members’ Released Claims excludes the release of claims not permitted by law.
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Settlement Class Members’ Released Claims. By operation of the Final Approval and 3 Judgment, and except as to rights that this Agreement creates, each Settlement Class Member—and each 4 Settlement Class Member’s executors, administrators, representatives, agents, heirs, successors, assigns, 5 trustees, spouses, or guardians—will release each Released Party from all claims and causes of action 6 asserted against Defendant in the Complaint during the Class Period, regardless of theory of recovery, 7 together with all claims for failure to pay Seattle minimum wages in violation of RCW 49.46.020, .120, 8 and SMC 14.19, et seq.; failure to compensate for missed meal and rest periods under RCW 49.12 and 9 WAC 000-000-000; failure to pay wages due at established pay periods pursuant to SMC 14.20.020; and 10 claims for exemplary damages, penalties, and interest pursuant to RCW 49.52.050, 070, as well as 11 attorneys’ fees and costs, premised on alleged unpaid minimum wages, missed and unpaid meal and rest 12 periods, failure to pay wages due at established pay periods, and any claims under any state, federal, or 13 local law arising from the claims in the Complaint based on the same factual predicates as alleged therein, 14 to the fullest extent permitted by law.
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Settlement Class Members’ Released Claims. Upon Final Approval of the Settlement, and except as to such rights or claims as may be created by the Settlement, Settlement Class Members shall fully release and discharge Defendant and all other Released Parties from any claims, demands, causes of action, and liabilities, known and unknown, that they had, have, or may have had through July 28, 2021, under any legal or equitable theory arising from or relating to their denial of access to the Uber Eats platform in connection with their criminal history or Uber’s background check screening process, including, but not limited to, any claims under any provision of the New York City Human Rights Law, including the New York City Fair Chance Act, Article 23-A of the New York Correction Law, the New York Human Rights Law, N.Y. Exec. L. § 296(15) and § 296(16), the New York Fair Credit Reporting Act, New York General Business Law § 380 et seq., and the federal Fair Credit Reporting Act, 15 U.S.C. § 1581 et seq., as well as any other applicable federal, state or local equivalents. The Settlement Class Members also shall waive any right, with regard to such claims, to pursue any claim for actual, statutory, liquidated, punitive or any other form of damages, including attorneys’ fees except as set forth in this Agreement, as well as their right to pursue any such claim on a class or collective action basis against Uber, including any mass action.
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Settlement Class Members’ Released Claims. 14.1.1. Subject to final approval by the Court of the Settlement, and for good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby acknowledged, all Releasing Settlement Class Members irrevocably release, acquit, and forever discharge Walmart of and from any and all claims, rights, causes of action, penalties, demands, damages, debts, accounts, duties, costs and expenses (other than those costs and expenses required to be paid pursuant to this Agreement), liens, charges, complaints, causes of action, obligations, or liability of any and every kind that were asserted in the Litigation, or that could have been asserted but were not asserted in the Litigation, or in any other court or forum, whether known or unknown, on the basis of, connected with, arising out of, or related in whole or in part to any or all of the alleged acts, omissions, facts, matters, transactions, circumstances, and occurrences that were directly or indirectly alleged, asserted, described, set forth, or referred to in the Litigation, whether such allegations were or could have been based on common law or equity, or on any statute, rule, regulation, order, or law, whether federal, state, or local.The Settlement Class Member Released Claims also include a release of all claims for Attorneys’ Fees and Costs incurred by Releasing Settlement Class Members or by Class Counsel or any other attorney in connection with the Litigation, and this Settlement, and all claims related to conduct in discovery in the Litigation.
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Related to Settlement Class Members’ Released Claims

  • Settlement Class Members “Settlement Class Members” shall mean all persons in the Class who do not exclude themselves pursuant to Section F, herein, and those who submit a Valid Claim.

  • Released Claims In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

  • Settlement Class 2. Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • Payments to Settlement Class Members (a) Defendant shall pay into the Escrow Account the amount of the Settlement Fund ($228,165.00), specified in Paragraph 1.34 of this Agreement, within twenty-eight (28) business days after Preliminary Approval.

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.

  • Notice to Class Members 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

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