Common use of Release by Plaintiffs Clause in Contracts

Release by Plaintiffs. 22 A. On the Effective Date, if it occurs, except for the obligations arising under this 23 Settlement Agreement and as necessary to enforce the terms of this Settlement Agreement, the 24 Plaintiffs, and each of them, on behalf of themselves and on behalf of each of their respective 25 former, present and future joint ventures, partnerships, partners, principals, agents, employees, 26 predecessors, successors, assigns, heirs, estates, executors, trustees, administrators and 27 representatives, hereby fully and forever waive, relinquish, release and discharge the Defendants, 28 and each of them, and each of their former, present and future joint ventures, partnerships, parent 1 and subsidiary affiliate corporations, related companies by common ownership, partners, principals, 2 agents, employees, stockholders, officers, directors, managers, predecessors, successors, assigns, 3 heirs, estates, executors, administrators, representatives and attorneys (which foregoing entities and 4 individuals are collectively referred to herein as the “Defendant Released Parties”), of and from, 5 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 6 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 7 indemnities, obligations and losses of every kind or nature whatsoever, including, without 8 limitation, in contract, in tort, statute (including, but not limited to Health and Safety Code 9 section 1430(b) claims based on violations of Health and Safety Code section 1276.5 or Health and (a) (collectively, the “1430(b) Claims”), or RICO claims), regulation, or 11 common law, whether in arbitration, regulatory, administrative, or judicial proceedings, whether as 12 individual claims or as part of a class of claims or claims on behalf of the general public or a subset 13 thereof, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, 14 fixed or contingent, liquidated or unliquidated, which may presently exist or may hereafter arise or 15 become known, for or by reason of any act, omission, event, transaction, matter or cause whatsoever 16 during the Class Period, directly or indirectly related to or arising from the matters that were alleged 17 or asserted, or could have been alleged or asserted in the Plaintiffs’ Action; provided, however, that 18 no Plaintiff, or any of them, is waiving any claim for personal injuries, emotional injuries, physical 19 injuries, or wrongful death (collectively, the “Personal Injury Claims”); provided further, however, 20 that no Plaintiff may assert a 1430(b) Claim, including, but not limited to a 1430(b) Claim for 21 damages or injuries, against the Defendant Released Parties, which arose prior to the Settlement 22 Date, whether associated with a Personal Injury Claim or any other claim whatsoever (collectively, 23 the “Released Claims”). Except with respect to any Released Claim, the Plaintiffs, and each of 24 them, shall be entitled to assert any other claim or allegation in connection with any Personal Injury 25 Claim. 26 B. Without limiting the foregoing and except as excluded by the proviso in the 27 immediately preceding paragraph A, the Released Claims specifically extend to claims that the 28 Plaintiffs do not know or suspect to exist in their favor as of the date the Final Approval Order is 1 entered by the Court. Plaintiffs, on behalf of themselves individually and in their representative 2 capacities acknowledge, and all Plaintiffs are deemed to acknowledge that they are aware that any of 3 them may hereafter discover facts in addition to, or different from, those facts which they now know 4 or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is 5 their intention to release fully, finally and forever all Released Claims, and in furtherance of such 6 intention, the release of the Released Claims will be and remain in effect notwithstanding the 7 discovery or existence of any such additional or different facts. 8 C. On the Effective Date, if it occurs, and subject to Section IV.E hereof, the Defendant 9 Released Parties, and each of them, hereby fully and forever waive, relinquish, release and discharge 10 the Plaintiffs, Class Counsel, and each of them, and each of their respective former, present and 11 future joint ventures, partnerships, partners, principals, agents, employees, predecessors, successors, 12 assigns, heirs, estates, executors, trustees, administrators, attorneys and representatives, of and from, 13 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 14 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 15 indemnities, obligations and losses of every kind or nature whatsoever, that arise from or relate to 16 the filing and prosecution of the Plaintiffs’ Action. 17 D. With respect to any and all of the claims released by this Settlement Agreement, the 18 Parties expressly represent and warrant, and each Class Member shall be deemed to have

Release by Plaintiffs. 22 A. On the Effective Date, if it occurs, except for the obligations arising under this 23 Settlement Agreement and as necessary to enforce the terms of this Settlement Agreement, the 24 Plaintiffs, and each of them, on behalf of themselves and on behalf of each of their respective 25 former, present and future joint ventures, partnerships, partners, principals, agents, employees, 26 predecessors, successors, assigns, heirs, estates, executors, trustees, administrators and 27 representatives, hereby fully and forever waive, relinquish, release and discharge the Defendants, 28 and each of them, and each of their former, present and future joint ventures, partnerships, parent 1 and subsidiary affiliate corporations, related companies by common ownership, partners, principals, 2 agents, employees, stockholders, officers, directors, managers, predecessors, successors, assigns, 3 heirs, estates, executors, administrators, representatives and attorneys (which foregoing entities and 4 individuals are collectively referred to herein as the “Defendant Released Parties”), of and from, 5 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 6 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 7 indemnities, obligations and losses of every kind or nature whatsoever, including, without 8 limitation, in contract, in tort, statute (including, but not limited to Health and Safety Code 9 section 1430(b) claims based on violations of Health and Safety Code section 1276.5 or Health and (a) (collectively, the “1430(b) Claims”), or RICO claims), regulation, or 11 common law, whether in arbitration, regulatory, administrative, or judicial proceedings, whether as 12 individual claims or as part of a class of claims or claims on behalf of the general public or a subset 13 thereof, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, 14 fixed or contingent, liquidated or unliquidated, which may presently exist or may hereafter arise or 15 become known, for or by reason of any act, omission, event, transaction, matter or cause whatsoever 16 during the Class Period, directly or indirectly related to or arising from the matters that were alleged 17 or asserted, or could have been alleged or asserted in the Plaintiffs’ Action; provided, however, that 18 no Plaintiff, or any of them, is waiving any claim for personal injuries, emotional injuries, physical 19 injuries, or wrongful death (collectively, the “Personal Injury Claims”); provided further, however, 20 that no Plaintiff may assert a 1430(b) Claim, including, but not limited to a 1430(b) Claim for 21 damages or injuries, against the Defendant Released Parties, which arose prior to the Settlement 22 Date, whether associated with a Personal Injury Claim or any other claim whatsoever (collectively, 23 the “Released Claims”). Except with respect to any Released Claim, the Plaintiffs, and each of 24 them, shall be entitled to assert any other claim or allegation in connection with any Personal Injury 25 Claim. 26 B. Without limiting the foregoing and except as excluded by the proviso in the 27 immediately preceding paragraph A, the Released Claims specifically extend to claims that the 28 Plaintiffs do not know or suspect to exist in their favor as of the date the Final Approval Order is 1 entered by the Court. Plaintiffs, on behalf of themselves individually and in their representative 2 capacities acknowledge, and all Plaintiffs are deemed to acknowledge that they are aware that any of 3 them may hereafter discover facts in addition to, or different from, those facts which they now know 4 or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is 5 their intention to release fully, finally and forever all Released Claims, and in furtherance of such 6 intention, the release of the Released Claims will be and remain in effect notwithstanding the 7 discovery or existence of any such additional or different facts. 8 C. On the Effective Date, if it occurs, and subject to Section IV.E hereof, the Defendant 9 Released Parties, and each of them, hereby fully and forever waive, relinquish, release and discharge 10 the Plaintiffs, Class Counsel, and each of them, and each of their respective former, present and 11 future joint ventures, partnerships, partners, principals, agents, employees, predecessors, successors, 12 assigns, heirs, estates, executors, trustees, administrators, attorneys and representatives, of and from, 13 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 14 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 15 indemnities, obligations and losses of every kind or nature whatsoever, that arise from or relate to 16 the filing and prosecution of the Plaintiffs’ Action. 17 D. With respect to any and all of the claims released by this Settlement Agreement, the 18 Parties expressly represent and warrant, and each Class Member shall be deemed to have represented and warranted, that they have each read and understand fully the provisions of California Civil Code § 1542 (“section 1542”), which states: E. Having been apprised of the statutory language of section 1542, the Parties shall expressly, and each of the Class Members shall be deemed to have, and by operation of the Final Approval Order shall have, expressly, elected to assume all risks for claims heretofore and hereafter arising, whether known or unknown, from the subject of this Settlement Agreement and waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law which is similar, comparable or equivalent to section 1542.

Release by Plaintiffs. 22 A. On the Effective Date, if it occurs, except for the obligations arising under this 23 Settlement Agreement and as necessary to enforce the terms of this Settlement Agreement, the 24 Plaintiffs, and each of them, on behalf of themselves and on behalf of each of their respective 25 former, present and future joint ventures, partnerships, partners, principals, agents, employees, 26 predecessors, successors, assigns, heirs, estates, executors, trustees, administrators and 27 representatives, hereby fully and forever waive, relinquish, release and discharge the Defendants, 28 and each of them, and each of their former, present and future joint ventures, partnerships, parent 1 and subsidiary affiliate corporations, related companies by common ownership, partners, principals, 2 agents, employees, stockholders, officers, directors, managers, predecessors, successors, assigns, 3 heirs, estates, executors, administrators, representatives and attorneys (which foregoing entities and 4 individuals are collectively referred to herein as the “Defendant Released Parties”), of and from, 5 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 6 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 7 indemnities, obligations and losses of every kind or nature whatsoever, including, without 8 limitation, in contract, in tort, statute (including, but not limited to Health and Safety Code 9 section 1430(b) claims based on violations of Health and Safety Code section 1276.5 or Health and (aand Safety Code section 1599.1(a) (collectively, the “1430(b) Claims”), or RICO claims), regulation, or 11 common law, whether in arbitration, regulatory, administrative, or judicial proceedings, whether as 12 individual claims or as part of a class of claims or claims on behalf of the general public or a subset 13 thereof, whether at this time known or unknown, anticipated or unanticipated, direct or indirect, 14 fixed or contingent, liquidated or unliquidated, which may presently exist or may hereafter arise or 15 become known, for or by reason of any act, omission, event, transaction, matter or cause whatsoever 16 during the Class Period, directly or indirectly related to or arising from the matters that were alleged 17 or asserted, or could have been alleged or asserted in the Plaintiffs’ Action; provided, however, that 18 no Plaintiff, or any of them, is waiving any claim for personal injuries, emotional injuries, physical 19 injuries, or wrongful death (collectively, the “Personal Injury Claims”); provided further, however, 20 that no Plaintiff may assert a 1430(b) Claim, including, but not limited to a 1430(b) Claim for 21 damages or injuries, against the Defendant Released Parties, which arose prior to the Settlement 22 Date, whether associated with a Personal Injury Claim or any other claim whatsoever (collectively, 23 the “Released Claims”). Except with respect to any Released Claim, the Plaintiffs, and each of 24 them, shall be entitled to assert any other claim or allegation in connection with any Personal Injury 25 Claim. 26 B. Without limiting the foregoing and except as excluded by the proviso in the 27 immediately preceding paragraph A, the Released Claims specifically extend to claims that the 28 Plaintiffs do not know or suspect to exist in their favor as of the date the Final Approval Order is 1 entered by the Court. Plaintiffs, on behalf of themselves individually and in their representative 2 capacities acknowledge, and all Plaintiffs are deemed to acknowledge that they are aware that any of 3 them may hereafter discover facts in addition to, or different from, those facts which they now know 4 or believe to be true with respect to the subject matter of this Settlement Agreement, but that it is 5 their intention to release fully, finally and forever all Released Claims, and in furtherance of such 6 intention, the release of the Released Claims will be and remain in effect notwithstanding the 7 discovery or existence of any such additional or different facts. 8 C. On the Effective Date, if it occurs, and subject to Section IV.E hereof, the Defendant 9 Released Parties, and each of them, hereby fully and forever waive, relinquish, release and discharge 10 the Plaintiffs, Class Counsel, and each of them, and each of their respective former, present and 11 future joint ventures, partnerships, partners, principals, agents, employees, predecessors, successors, 12 assigns, heirs, estates, executors, trustees, administrators, attorneys and representatives, of and from, 13 without limitation, any and all claims, demands, controversies, damages, actions, causes of action, 14 debts, liabilities, rights contracts, costs (including attorneys’ fees, costs and litigation expenses), 15 indemnities, obligations and losses of every kind or nature whatsoever, that arise from or relate to 16 the filing and prosecution of the Plaintiffs’ Action. 17 D. With respect to any and all of the claims released by this Settlement Agreement, the 18 Parties expressly represent and warrant, and each Class Member shall be deemed to have represented and warranted, that they have each read and understand fully the provisions of California Civil Code § 1542 (“section 1542”), which states: E. Having been apprised of the statutory language of section 1542, the Parties shall expressly, and each of the Class Members shall be deemed to have, and by operation of the Final Approval Order shall have, expressly, elected to assume all risks for claims heretofore and hereafter arising, whether known or unknown, from the subject of this Settlement Agreement and waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law which is similar, comparable or equivalent to section 1542.