Class Release Sample Clauses

Class Release. 5.1.1 As Other Releasees, USG and L&W shall be full beneficiaries of the release provided in Section 5.2

Class Release. Effective upon Final Approval, Representative Plaintiffs, for themselves and as the representatives of the Class, and on behalf of each Class Member who has not timely opted out and each of their respective agents, successors,

Class Release. 26 As of the Effective Date, the Settlement Class Members fully and finally release the Released 27 Parties from any and all claims alleged in the Action arising during the Settlement Class Period, and all 1 claims arising during the Settlement Class Period that were or could have been alleged in the Action 2 based on the facts, transactions, occurrences, or claims alleged in the Action, including, but not limited 3 to: failure to pay wages; failure to pay minimum wages; failure to pay straight time compensation, 4 overtime compensation, or double-time compensation; missed, late, short or interrupted meal and/or rest 5 periods, including any claim for any alleged failure to pay premiums for missed, late, short or 6 interrupted meal or rest periods, or to pay such premiums at the regular rate of compensation; 7 reimbursement for business expenses; inaccurate or otherwise improper wage statements and/or failure 8 to keep or maintain accurate records; failure to timely pay wages upon discharge or quitting; claims that 9 the Released Parties employed Settlement Class Members for longer hours than those fixed by state, 10 federal, or local law and/or under conditions of labor prohibited by state, federal, or local law; claims for 11 breach of contract for failure to pay wages; violation of the Migrant and Seasonal Agricultural Worker 12 Protection Act, 29 U.S.C. §§ 1801 et seq.; failure to pay any prevailing wage rate that may be due under 13 20 CFR 655.100; violations of the federal H-2A or H-2B visa programs, 20 CFR 655.1 through 20 CFR 14 655.235; claims asserted for unfair or unlawful business practices arising out of any or all of the 15 aforementioned claims; any claim for penalties arising out of any or all of the aforementioned claims, 16 including, but not limited to, recordkeeping penalties, wage statement penalties, minimum-wage

Class Release. As of the Effective Date, the Settlement and this Agreement will constitute a full and final settlement, release, and waiver by each and all members of the Settlement Class of the Released Claims against any Released Party. For the purposes of this Settlement, “

Class Release. “Released Claims” means, subject to Court approval, the following release: each member of the Settlement Class, who has not opted out from the Settlement Class, hereby agrees, individually and on behalf of their heirs, estates, trustees, executors, administrators, representatives, agents, successors, assigns, and any one claiming through him, her, or them, or acting or purporting to act on his, her or their behalf, to forever release, discharge hold harmless and covenant not to sue each and all of the Released Parties from any and all claims, debts, liabilities, demands, obligations, penalties, premium pay, guarantees, costs, expenses, attorney’s fees, damages, actions or causes of action of whatever kind or nature, whether know or unknown, contingent or accrued under any legal theory for any and all claims that arose during the Class Period and were alleged or could have been alleged in the Action based on the facts or claims alleged in the Action or in Plaintiff’s letters to the LWDA. Without limiting the foregoing, and in addition to the foregoing, the released claims include claims for any alleged failure to pay all business expense reimbursement, wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off the clock and regular rate violations), failure to provide meal and rest breaks, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to timely pay wages and final wages and waiting time penalties, failure to furnish accurate wage statements, including claims derivative and/or related to these claims, liquidated damages, and conversion of wages, up to and including the date of preliminary approval by the Court. This Release shall include all claims and theories arising under applicable regulations Labor Code sections, including without limitation, §§ 201, 202, 203, 204, 226, 226.7, 510, 512(a), 516, 558, 1194,1194.2, 1197, 1198, Wage Orders and state and federal wage and hour law, as well as claims under Business and Professions Code section 17200 and/or Labor Code section 2698 based on violations of the above Labor Code Provisions. This release shall apply to all claims arising at any point during the Class Period.

Class Release. Subject to and effective upon entry of the Final Approval Order and Judgment, and contingent on Defendant’s payments of all sums due hereunder to the Class Administrator, all Class members including Plaintiff, except those who have been excluded from the Class by the Court, (“the Releasors”) for and in consideration of the terms and undertakings herein, the sufficiency and fairness of which are acknowledged, release and forever discharge Defendant and its affiliated entities, and their officers, directors, shareholders and employees, and their successors, representatives, agents, attorneys, and assigns (“Released Parties”) from any and all claims that were asserted or could have been asserted in this action for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., and any other federal law, state law, common law, contract, rule or regulation, or any claim for equitable or injunctive relief, whether known or unknown, foreseen or unforeseen, actual or contingent that arise out of or relate in any way to faxes by or on behalf of Defendant from July 28, 2011 through July 28, 2015 (“Released Claims”). The Class does not release claims regarding any other advertising faxes. Upon Defendant’s payments, by and through its insurer, MSA Insurance Company, of all sums due hereunder to the Class Administrator, the Releasors, and each of them, 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 and each of them. It is expressly understood and agreed by the Parties that any person or entity being released under this Agreement that is not a party to this Agreement is an intended third party beneficiary of this Agreement.

Class Release i. As of the Effective Date, and with the approval of the Court, all Class Members, and anyone claiming by, through and/or on behalf of any of them, hereby fully, finally, and forever release, waive, discharge, surrender, forego, give up, abandon, and cancel any and all Released Claims (as defined in Section VI.A.) against the Released Parties, including (but not limited to) those asserted, or that could have been asserted. ii. As of the Effective Date, all Class Members, and anyone claiming by, through and/or on behalf of any of them, will be forever barred and enjoined from prosecuting any action against the Released Parties asserting any and/or all Released Claims. iii. To avoid inconvenience to the Released Parties, in any action in which any of the Released Parties is or may be a defendant or a third-party defendant together with other alleged tortfeasors, the Parties agree that each of the Class Members shall accept in satisfaction of any judgment an amount reduced to the extent necessary (under applicable state law whether it be pro rata, pro tanto and/or set-off) to extinguish any claims against the Released Parties for contribution, indemnity (common law or contractual), and/or subrogation whether arising out of tort, contract or otherwise, by the other alleged tortfeasors. This provision is intended to obviate the necessity and expense of having the Released Parties remain a party on the record and obliged to participate in a trial merely for the purpose of determining if in fact the Released Parties was a tortfeasor so as to entitle the other tortfeasors to a pro rata or pro tanto reduction or set-off of any judgment. It is the further intent of the Parties that the Released Parties shall have no further liability in connection with the Released Claims. However, this provision does not constitute an admission of liability by the Released Parties.

Class Release. Upon entry of the Final Approval Order by the Court, the Plans, Plaintiffs and each Class Member and their respective heirs, beneficiaries (including Associated Beneficiaries), Alternate Payees, fiduciaries, trustees, executors, administrators, estates, past and present partners, agents, attorneys, predecessors, successors, participants, and assigns will be deemed to forever release and discharge the Released Parties from any and all of the Released Claims, .

Class Release. Subject to the approval of the Court and in consideration of the benefits inuring to the Plaintiff and the Class Members hereto, upon the Effective Date, the Plaintiff and each Class Member and his or her assigns, heirs, successors and personal representatives shall be deemed to have fully, conclusively, irrevocably, forever, and finally released, resolved, relinquished, and discharged each and all of the Released Parties from each of the Released Claims that exist in their favor. The Plaintiff and Class Members further agree that they will not institute any action or cause of action (in law, in equity, or administratively), suits, debts, liens, or claims, known or unknown, fixed, or contingent, which they may have or claim to have in state or federal court, or with any state, federal or local government agency or with any administrative or advisory body, asserting the Released Claims. These Released Claims shall include but not be limited to, all claims of any kind which Plaintiff or the Class Members have had or now have, which were or could have been raised in the Action related to any of the Released Parties’ conduct, policies, or practices concerning the charges for towing and storage of vehicles by the Defendant in Hillsborough County, Florida, including but not limited to, conduct, policies, or practices concerning the billing or collection of the same.