Settlement Class Release. Settlement Class Members, including the Settlement Class Representatives, agree that the Final Approval Order and Judgment entered by the Court will contain the following release, waiver and covenant not to sue, which shall take effect upon all members of the Settlement Class on the later of: (1) the Effective Date, or (2) payment of the Final Class Payment to the Class Settlement Amount: Each Settlement Class Member hereby releases and forever discharges and holds harmless the Released Parties of and from any and all Settlement Class Released Claims which the Settlement Class Member ever had, now have, or will have in the future. Each Settlement Class Member further covenants and agrees not to, directly or indirectly, commence, file, initiate, institute, prosecute, maintain, or consent to any action or proceedings against the Released Parties based in whole or in part on the Settlement Class Released Claims.
Settlement Class Release. Each Settlement Class Member who been issued a settlement check for their Individual Settlement Payment shall hereby knowingly, voluntarily and completely release the Released Parties, as defined in this Settlement, from/for all the Released Class Claims they have against the Released Parties during the Settlement Period. Settlement Class members are bound by the Settlement regardless of whether they cash their Individual Settlement Payment.
Settlement Class Release. Upon the Effective Date, the Releasing Parties, and each of them, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties, and each of them.
Settlement Class Release. In consideration of the Settlement Agreement, Settlement Class Members, on behalf of themselves and their agents, heirs, executors and administrators, successors, assigns, insurers, lawyers, representatives, shareholders, owners associations and any other legal or natural persons who may claim by, through, or under them (individually and collectively, the “Releasing Parties”), fully, finally, irrevocably and forever release, waive, discharge, relinquish, settle and acquit any and all claims, demands, actions or causes of action, whether known or unknown, that they may have, purport to have, or may have hereafter against any Released Party, arising out of or in any way related to the Water Pump System Matter and/or to the Water Pump System. This Settlement Class Release applies to any and all claims, causes of actions, demands, debts, suits, liabilities, obligations, damages, entitlements, losses, actions, rights of action and remedies of any kind, nature and description, whether in law or in equity, known or unknown, asserted or unasserted, foreseen or unforeseen, direct, indirect or consequential, liquidated or unliquidated, past, present or future, foreseen or unforeseen, developed or undeveloped, contingent or noncontingent, suspected or unsuspected, whether or not concealed or hidden, arising from or in any way related to the Water Pump System Matter and/or the Water Pump System, including without limitation any claims that were or could have been asserted in the Action (individually and collectively, the “Released Claims”). This Settlement Class Release applies without limitation to any and all such claims, demands, actions or causes of action regardless of the legal or equitable theory or nature under which they are based or advanced including without limitation legal and / or equitable theories under any federal, provincial, territorial, municipal, local, tribal, administrative or international law, statute, ordinance, code, regulation, contract, common law, equity or any other source, and whether based in strict liability, negligence, gross negligence, punitive damages, nuisance, trespass, breach of warranty, misrepresentation, breach of contract, fraud or any other legal or equitable theory, whether existing now or arising in the future, that arise from or in any way relate to the Released Claims. Notwithstanding the foregoing, this Settlement Agreement does not release any claims for wrongful death or personal injury.
Settlement Class Release. On the Effective Date of this Settlement Agreement, for the Settlement Classes’ benefit and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Class Representative and Class Counsel, all Settlement Class Members who have not timely and properly opted out of the Settlement Classes and each of such Settlement Class Member’s respective executors, representatives, heirs, successors, bankruptcy trustees, guardians, wards, agents, and assigns, and all those who claim through them or who assert claims on their behalf, fully and forever release, waive, acquit, and forever discharge the Released Parties from the Released Claims. The Class Representative and the Class Members specifically waive the right or ability to bring or participate in a class action, mass action, representative, or other similar joint or collective claim that includes the Released Claims. The Parties agree that the payments made hereunder are meant to compensate Settlement Class Members for all xxxxx incurred as a result of the allegations set forth in or that could have been set forth in the Complaint. It is expressly intended and understood by the Parties that this Settlement Agreement is to be construed as a complete settlement, accord, and satisfaction of the Settlement Class Members’ Released Claims. Further, the Parties will jointly request the Court to enter an order of approval of the Settlement containing a bar order as to all claims at issue in this Litigation as set out below in Paragraph 60, which is an order barring any Settlement Class Member from initiating any further litigation, including any class litigation, for the Released Claims.
Settlement Class Release. On the Effective Date of this Settlement Agreement, for the Settlement Class benefits and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Named Plaintiff and Class Counsel, Named Plaintiff and all Settlement Class Members who have not timely and properly opted out of the Settlement Classes and all of their respective heirs, executors, successors, assigns, agents or others acting or purporting to act on their behalf (collectively, the “Releasor Parties”) fully and forever release, waive, acquit, and discharge the Released Parties from any and all Released Claims arising out of or relating directly or indirectly in any manner whatsoever to the facts alleged or which could have been alleged or asserted in the operative complaint as to Defendant, including, but not limited to, claims under the federal Fair Credit Reporting Act and any analogous state law claims (collectively, the “Settlement Class Member Released Claims”). This release explicitly includes claims for actual damages, statutory damages, and punitive damages, as well as for attorneys’ fees and costs. The Parties agree that the payments made hereunder are meant to compensate Settlement Class Members for all xxxxx incurred as a result of the allegations set forth in the operative complaint as to Defendant. It is expressly intended and understood by the Parties that this Settlement Agreement is to be construed as a complete settlement, accord, and satisfaction of the Settlement Class Member Released Claims.
Settlement Class Release. On the Effective Day of this Agreement, and in consideration of the Settlement Amount and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Plaintiff and Class Counsel, all Settlement Class Members, for themselves, their successors, heirs, executors, representatives, administrators, bankruptcy trustees, guardians, wards, agents and assigns, and all those who claim through them or who assert claims on their behalf, hereby remise, release, waive, acquit, satisfy, and forever discharges the Released Parties from any claim, right, demand, charge, complaint, action, cause of action, obligation, or liability for any type of relief and statutory or punitive damages predicated on any claim and for actual or statutory damages, punitive damages, restitution, or other monitory relief of any and every kind, including, without limitation, those based on any federal, state, or local law, statute, regulation, or common law, including all claims for declaratory or injunctive relief, whether know or unknown, suspected or unsuspected under the law of any jurisdiction, which they ever had, now have or may have in the future resulting from, arising out of or in any way, directly or indirectly, the factual allegations made in the Lawsuit (collectively the “Released Claims”). The Released Claims therefore include but are not limited to claims arising under the FCRA, and equivalent provisions under state and local law. The Settlement Class Release and Released Claims explicitly include claims for actual damages, statutory damages, and punitive damages, as well as for attorneys’ fees and costs. The Parties agree that the payments made hereunder are meant to compensate Settlement Class Members for all xxxxx incurred as a result of the allegations set forth in the Complaint. It is expressly intended and understood by the Parties that this Settlement Agreement is to be construed as a complete settlement, accord, and satisfaction of the Settlement Class Member Released Claims.
Settlement Class Release. Upon the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Approval Order and Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties (including Unknown Claims), whether or not such Settlement Class Member shares in the Net Settlement Fund. Claims to enforce the terms of this Settlement Agreement are not released. Upon the Effective Date, the Releasing Parties, and anyone claiming through or on behalf of any of them, will be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative forum, asserting any of the Released Claims against any of the Released Parties (including Unknown Claims).
Settlement Class Release. On the Effective Date of this Settlement Agreement, for the Settlement Class benefits and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Plaintiff and all Settlement Class Members who do not timely exclude themselves per the terms above fully and forever release, waive, acquit, and discharge Released Parties from any and all claims that are alleged in the First Amended Complaint. Such release applies to claims accruing at any point between April 8, 2007 through July 31, 2015.
Settlement Class Release. Upon the Effective Date, each Settlement Class Member, on behalf of themselves and their respective spouses, heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors, assigns, and all those acting or purporting to act on their behalf, acknowledge full satisfaction of, and shall be conclusively deemed to have fully, finally, and forever settled, released, and discharged all the Released Parties of and from all claims, rights, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys’ fees of any nature whatsoever arising before the Effective Date whether known or unknown, matured or unmatured, foreseen or unforeseen, suspected or unsuspected, accrued or unaccrued, which the Settlement Class Member ever had or now has, related to or arising out of the inclusion of a deceased indicator or deceased notation on a consumer report, including but not limited to claims under 15 U.S.C. § 1681e(b), state statutory analogs, and common law analogs, for statutory, actual, and punitive damages (“Released Claims”). Subject to the Court’s approval, the Settlement Class Members are bound by this Settlement Agreement and their claims at issue in the case will be dismissed with prejudice and released as against the Released Parties, even if they never received actual notice of the Settlement prior to the hearing for final approval of the Settlement. Settlement Class Members acknowledge that they are aware that they may hereafter discover facts in addition to or different from those that they or Class Counsel now know or believe to be true with respect to the subject matter of this Litigation, but it is their intention to, and they do upon the Effective Date of this Settlement Agreement, fully, finally, and forever settle and release any and all Released Claims, without regard to the subsequent discovery or existence of such different additional facts, whether known or unknown. Settlement Class Members and Class Counsel understand and acknowledge the significance of this waiver and/or of any other applicable federal or state law relating to limitations on releases with respect to the Released Claims. Upon the Effective Date, no default by any person in the performance of any covenant or obligation under this Settlement Agreement or any order entered in connection with such will affect the dismissal of the Litigation, the res judicata eff...
