Common use of Release by Settlement Class Members and Plaintiff Clause in Contracts

Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below), on behalf of themselves, their respective spouses, heirs, executors, representatives, assigns, estates, and attorneys, will fully release and discharge SB Farms, and all of its past and present officers, directors, partners, shareholders, members, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, and any of their respective successors and predecessors in interest, subsidiaries, affiliates, parents, and attorneys (collectively the “Released Parties”) as follows: A. Settlement Class members will release all claims, demands, rights, liabilities, obligations, costs, expenses, damages, and causes of action which relate to the allegations and claims asserted in the Complaints on file in this Action for the Class Period, including, but not limited to all disputed wage claims under the California Labor Code, and specifically, for any claims that were pled in any of the Complaints in the Action, 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: (1) failure to pay all minimum wages owed; (2) failure to pay all overtime wages owed; (3) failure to provide meal periods, or premium pay for non-compliant meal periods; (4) failure to authorize and permit rest periods, or premium pay for non-complaint rest periods; (5) failure to provide accurate, itemized wage statements; (6) failure to indemnify all necessary business expenditures; (7) failure to timely pay all final wages due upon separation of employment from SB Farms; (8) all claims for unfair business practices that could have been premised on the facts, claims, causes of action, or legal theories described above; and (9) all claims under the PAGA that could have been premised on the facts, claims, causes of action, or legal theories described above, and any other claims whatsoever alleged in this case, including without limitation all claims for restitution and other equitable relief, liquidated damages, all penalties under the Labor Code, other compensation, and attorneys’ fees, arising from the facts alleged in the Complaints filed in this Action (collectively, the “Released Claims”). The time period of the Release is the same time period as the Class Period. B. In light of his Class Representative Service Award, Plaintiff has agreed to release, in addition to the Released Claims described above, all claims, whether known or unknown, under federal, state, or local law against the Released Parties. The Parties understand and agree that Plaintiff is not, by way of this release, releasing any workers’ compensation claims nor any other claims which cannot be released as a matter of law. Notwithstanding the foregoing, Plaintiff understands that this release includes unknown claims and that he is, as a result, waiving all rights and benefits afforded by Section 1542 of the California Civil Code, which provides: C. Notwithstanding Paragraph 2.B above nor anything else in this Settlement Agreement, Plaintiff’s waiver and release in this Settlement does not apply to (i) those rights that as a matter of law cannot be waived, including, but not limited to, workers’ compensation claims; (ii) rights or claims that may arise after the date this Settlement Agreement is signed by Plaintiff; and (iii) rights or claims arising out of this Settlement Agreement.

Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below), on behalf of themselves, their respective spouses, heirs, executors, representatives, assigns, estates, and attorneys, opt out) will fully release and discharge SB Farms, and all of its past and present officers, directors, partners, shareholders, members, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, Defendants and any of their respective successors and predecessors in interestformer or present parents, subsidiaries, affiliates, parentsinvestors, partners, owners, related organizations, predecessors or successors, and all agents, employees, officers, directors, members, managers, holding companies, insurers, and attorneys thereof, (collectively collectively, the “Released Parties”) ), as follows: A. All Settlement Class members who do not timely opt-out will release and discharge the Released Parties from any and all claims, demands, rights, liabilities, obligations, costs, expenses, damages, and causes of action which relate to the allegations and claims asserted in the Complaints on file in this Action for the Class Period, including, but not limited to all disputed wage claims under the California Labor Code, and specifically, for any claims that were pled in any of the Complaints in the Action, or claims which could have been pled in any of the Complaints in the Action based on the factual allegations thereinin the Action, that arose during the Class Period with respect to the following claims: (1) failure to pay all minimum wages owed; (2) failure to pay all overtime wages owed; (3) failure to provide meal periods, or premium pay for non-compliant meal periods; (4) failure to authorize and permit rest periods, or premium pay for non-complaint rest periods; (5) failure to provide accurate, itemized wage statements; (6) failure to indemnify all necessary business expenditures; (7) failure to timely pay all final wages due upon separation of employment from SB Farms; (8) all claims for unfair business practices that could have been premised on the facts, claims, causes of action, or legal theories described above; and (9) all claims under the PAGA that could have been premised on the facts, claims, causes of action, or legal theories described above, and any other claims whatsoever alleged in this case, including without limitation all claims for restitution and other equitable relief, liquidated damages, all penalties under the Labor Code, other compensation, and attorneys’ fees, arising from the facts alleged in the Complaints filed in this Action (collectively, the “Released Claims”). The time period of workweeks covered by this Settlement Agreement shall be limited to only those workweeks wherein the Release is the same time period as Settlement Class member was performing work for Monterey Pacific, Inc. during the Class PeriodPeriod (the “Covered Workweeks”). B. In light of his Plaintiff’s Class Representative Service AwardEnhancement Payment, Plaintiff has agreed agrees to release, as an individual and in addition to the Released Claims described above, all claims, whether known or unknown, under federal, state, federal law or local state law against the Released Parties. The Parties understand and agree that Plaintiff is not, by way of this release, releasing any workers’ compensation claims nor any other claims which cannot be released as a matter of law. Notwithstanding the foregoing, Plaintiff understands that this release includes unknown claims and that he Plaintiff is, as a result, waiving all rights and benefits afforded by Section 1542 of the California Civil Code, which provides: C. Notwithstanding Paragraph 2.B above nor anything else in this Settlement Agreement, Plaintiff’s waiver and : Nothing contained herein shall constitute a release in this Settlement does of any rights or claims that cannot apply to (i) those rights that be waived as a matter of law cannot be waived, including, (including but not limited to, to claims arising under workers’ compensation claims; (ii) rights laws). Nor shall anything contained herein be construed to exclude the filing of an administrative charge or claims that may arise after complaint with the Equal Employment Opportunity Commission or Agricultural Labor Relations Board, or participation in an administrative investigation or proceeding. The Settlement shall become effective on the date this upon which the Court enters an order granting final approval of the Settlement Agreement is signed by Plaintiff; and (iii) rights or claims arising out of this Settlement Agreementthe “Effective Date”).