Release of Plaintiffs Clause Samples

The 'Release of Plaintiffs' clause serves to formally discharge the plaintiffs from any further liability or claims related to the subject matter of the agreement. In practice, this means that once the agreement is executed, the plaintiffs cannot be sued or held responsible for any issues, damages, or obligations arising from the dispute or event being settled. This clause is essential for providing finality and certainty, ensuring that the plaintiffs are protected from future legal actions regarding the same matter.
Release of Plaintiffs. Upon the Effective Date, Monsanto will be deemed to have, and by operation of the Judgment will have, fully, finally, and forever released, relinquished, and discharged Plaintiffs, the Class, and Class Counsel from any and all claims, demands, rights, suits, liabilities, and causes of action of every nature and description whatsoever, whether known or unknown, matured or unmatured, at law or in equity, existing under federal or state law, that Monsanto has or may have against any of them arising out of or related in any way to the transactions, occurrences, events, behaviors, conduct, practices, and policies alleged in the Action, and in connection with the filing and conduct of the Action, that have been brought, could have been brought, or are currently pending in any forum in the United States.
View SourceView Similar (5)
Release of Plaintiffs. (a) In consideration of the mutual promises set forth in this Agreement and other valuable consideration, the sufficiency of which has been acknowledged by the Parties, and except with respect to compliance with the obligations set forth in this Agreement, the Defendants, for themselves, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, related entities, trustees, counsel, collectors, heirs, personal representatives, other agents and/or any others who have, had, or may have a claim by or through them, to the fullest extent permitted by law (collectively the “Defendant Releasing Parties”) hereby waives, releases, discharges, and acquits Plaintiffs, and their present and former predecessors, successors, assigns, insurers, attorneys, employees, parents, affiliates, branches, divisions, related entities, subsidiaries, shareholders, members, managers, officers, directors, trustees, counsel, collectors, heirs, personal representatives, and other agents (collectively the “Plaintiff Released Parties), from any and all past, present, and future claims, causes of action, demands, damages, fees, benefits, compensation, indemnification, obligations, actions, liabilities, losses, judgments, rights to appeal, liens, rights, debts, costs, or expenses of any nature whatsoever, based on any theory of recovery, whether at law or in equity, known or unknown, direct or indirect, which the Defendant Releasing Parties ever had, now have, or hereafter can, shall or may have from the beginning of time to the Effective Date, arising in or related to the Bankruptcy Case and the Adversary Proceeding (hereinafter the “Defendant Released Claims”). (b) If any of the Defendant Releasing Parties or an attorney or agent for any of the Defendant Releasing Parties files any civil action in any forum, asserting any of the Defendant Released Claims against any of the Plaintiff Released Parties, this Agreement may be used by the Plaintiff Released Party as a complete defense to any Defendant Released Claims and the Defendant Releasing Parties shall be jointly and severally obligated to pay all costs, expenses, and attorney fees incurred by the Plaintiff Released Party in defending against the Defendant Released Claims, in addition to payment of any settlement or judgment entered against any Plaintiff Released Party, in any such action, to the fullest extent permitted by law. (c) The Defendant Releasing Parties hereby warrant to...
View SourceView Similar (2)
Release of Plaintiffs. (1) Upon the Effective Date, the Plaintiffs and each Settlement Class Member shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, completely and forever released, acquitted and discharged the Released Parties from all Released Claims. (2) Upon the Effective Date, with respect to the Released Claims, the Plaintiffs and all Settlement Class Members to whom such statute or rule is applicable, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § 1542 of the California Civil Code, which provides: 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. (3) Upon the Effective Date, the Action shall be deemed dismissed with prejudice.
View SourceView Similar (2)
Release of Plaintiffs. Effective upon the Defendants’ receipt of a fully executed copy of this Agreement, each of the Defendants, on behalf of himself or itself, and its or his predecessors, successors, parents, subsidiaries, divisions, affiliates, assigns, and any of its current or former agents, directors, officers, employees, consultants, committees, fiduciaries, representatives, attorneys, and all persons and entities acting by, through, under or in concert with it currently or in the past, release, acquit, and discharges the Plaintiffs, and their successors and assigns, of and from any and all known and unknown charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, expenses (including attorneys' fees and costs actually incurred) and punitive damages, of any nature whatsoever, known or unknown, and whether asserted or unasserted, which it has, or may have had, against any Plaintiff, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising from the Plaintiff’s Claims and the Engagement Agreement or any other business dealings between any Plaintiff and Daybreak on or prior to the date hereof; provided, however, that nothing contained herein shall be deemed to release any obligations the Plaintiffs have under this Agreement.
View Source
Release of Plaintiffs. NATIONAL UNION, on its own behalf and on behalf of its officers, directors, parents, subsidiaries and affiliated corporations, present and former agents, employees, attorneys, predecessors, successors, and assigns, and each of them, and all of those claiming by, through, under or in concert with it, or any of them, hereby absolutely, forever and fully, generally and specifically release and discharge PLAINTIFFS and their present and former agents, employees, attorneys, independent contractors, officers, directors, parents, subsidiaries and affiliated corporations, partners, joint venturers, attorneys, predecessors, successors and assigns, and each of them, from any and all claims, contentions, rights, debts, liabilities, demands, accounts, accountings, reckonings, obligations, duties, promises, costs, expenses (including but not limited to, attorneys’ fees), liens, subrogation rights, indemnification rights, damages, losses, actions, and causes of action, of any kind whatsoever, whether based upon contract, tort, statute or any other legal or equitable theory of recovery, and whether fixed or contingent, matured or unmatured, liquidated or unliquidated, known or unknown, suspected or unsuspected, based upon, arising out of, or in any way related to, directly or indirectly, the POLICY, the ACTION or the CLAIM giving rise thereto.
View Source
Release of Plaintiffs. JPMorgan (individually, as Trustee on behalf of the Trust and its Unit Holders and as general partner of the Partnership); Pioneer (individually, as managing general partner of the Partnership, and as Subject Lessee and/or operator under the Conveyance); and Woodside each agree to fully, finally and forever release, acquit, and discharge Plaintiffs, their predecessors, successors, and assigns from any and all claims, causes of action, demands and liabilities, known or unknown, contingent or direct, that arise from or relate in any way to the claims, matters, or theories that have been or could have been asserted in the Lawsuit including, without limitation, any and all claims relating to or concerning in any way the acts and/or omissions of Plaintiffs or of any of the Parties. These releasing parties expressly warrant and represent that no promise or agreement which has not herein been expressed has been made to or relied upon by them in executing this release and that the releasing parties are relying upon their own judgment and are not relying upon any statement or representation of Plaintiffs or any of the other Parties, subject to paragraph E(5) below. This release shall include and encompass any such claims, causes of action, demands, liabilities, matters or theories, including, but not limited to, those based in contract or in tort and whether based on alleged breaches of fiduciary duty, misapplication of fiduciary property, fraud, negligence or gross negligence, breach of contract, conspiracy, or aiding or abetting. This release will also include, without limiting the foregoing, any claim by any releasing party for reimbursement of attorney’s fees or of any costs, other than as provided for in paragraph D(3).
View Source
Release of Plaintiffs. Other than for breaches of this Agreement, and except as reserved in Section 2.6 below, Defendants irrevocably release and forever discharge Plaintiffs and each of their respective officers, directors, employees, shareholders, independent contractors, agents, members, predecessors, successors, subsidiaries, affiliates, assigns, and attorneys from all claims, counterclaims, answers, cross-claims, any judicial, administrative or other proceedings of any kind in any jurisdiction, actions, causes of action, costs, damages, debts, demands, expenses, liabilities, losses, obligations, proceedings, and suits of every kind and nature, liquidated or unliquidated, fixed or contingent, in law, equity, or otherwise, whether asserted or unasserted, whether presently known or unknown, whether anticipated or unanticipated, and whether direct or derivative, that Defendants ever had, now have or hereafter may acquire against Plaintiffs, whether known or unknown, on account of any action, inaction, matter, thing, or event, that occurred or failed to occur at any time in the past, from the beginning of time through and including the Effective Date, arising out of or related to the Action and all claims alleged by Plaintiffs in the Action.
View Source
Release of Plaintiffs. Upon the Effective Date, Revlon will be deemed to have, and by operation of the Judgment will have, fully, finally, and forever released, relinquished, and discharged the Plaintiffs, Class and Class Counsel from any and all claims, demands, rights, suits, liabilities, and causes of action of every nature and description whatsoever, known or unknown, matured or unmatured, at law or in equity, existing under federal or state law, that Revlon has or may have against any of them arising out of or related in any way to the transactions, occurrences, events, behaviors, conduct, practices, and policies alleged in the Action, and in connection with the filing and conduct of the Action, that have been brought, could have been brought, or are currently pending in any forum in the United States.
View Source
Release of Plaintiffs. Upon the Escrow Agent’s complete distribution of the Stock Powers to Singularity pursuant to the terms of the Escrow Agreement, Defendants, on their own behalf and on behalf of their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Defendant Releasors”), hereby fully release, remise and forever discharge Plaintiffs and their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Plaintiff Releasees”) of and from any and all claims which were, or could have been, alleged in the Actions (such claims are collectively referred to in this paragraph only as the “Released Claims”). The Defendant Releasors agree that this instrument may be treated as a complete defense to any action or proceeding that may be brought, instituted or taken by the Defendant Releasors or their subrogees against any of the Plaintiff Releasees on the Released Claims and shall forever be a complete bar to the commencement or prosecution of any action or proceeding by the Defendant Releasors or their subrogees against any of the Plaintiff Releasees for any damages, costs or attorneys’ fees arising from or in any way connected with the Released Claims. The Defendant Releasors represent and warrant to the Plaintiff Releasees that they have not assigned or otherwise transferred any of the Released Claims to any individual, firm, corporation or other legal entity.
View Source

Related to Release of Plaintiffs

  • Release of Unknown Claims Employee expressly waives and relinquishes all rights and benefits afforded by any statute (including, but not limited to, Section 1542 of the Civil Code of the State of California and analogous laws of other states), which limits the effect of a release with respect to unknown claims. Employee does so understanding and acknowledging the significance of the release of unknown claims and the waiver of statutory protection against a release of unknown claims (including, but not limited to, Section 1542). Section 1542 of the Civil Code of the State of California states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Thus, notwithstanding the provisions of Section 1542 or of any similar statute, and for the purpose of implementing a full and complete release and discharge of the Company Releasees, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all Claims which are known and all Claims which Employee does not know or suspect to exist in Employee’s favor at the time of execution of this Agreement and that this Agreement contemplates the extinguishment of all such Claims. Employee acknowledges that he/she might hereafter discover facts different from, or in addition to, those Employee now knows or believes to be true with respect to a Claim or Claims released herein, and they expressly agree to assume the risk of possible discovery of additional or different facts, and agree that this Agreement shall be and remain effective, in all respects, regardless of such additional or different discovered facts.

  • Release of Releasees ‌ (1) Upon the Effective Date, and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have.

  • Release of Claims Agreement The receipt of any severance payments or benefits pursuant to this Agreement is subject to Executive signing and not revoking a separation agreement and release of claims in a form mutually acceptable to the Company and Executive (the “Release”), which must become effective no later than the sixtieth (60th) day following Executive’s termination of employment (the “Release Deadline”), and if not, Executive will forfeit any right to severance payments or benefits under this Agreement. To become effective, the Release must be executed by Executive and any revocation periods (as required by statute, regulation, or otherwise) must have expired without Executive having revoked the Release. In addition, in no event will severance payments or benefits be paid or provided until the Release actually becomes effective. If the termination of employment occurs at a time during the calendar year where the Release Deadline could occur in the calendar year following the calendar year in which Executive’s termination of employment occurs, then any severance payments or benefits under this Agreement that would be considered Deferred Payments (as defined in Section 4(c)(i)) will be paid on the first payroll date to occur during the calendar year following the calendar year in which such termination occurs, or such later time as required by (i) the payment schedule applicable to each payment or benefit as set forth in Section 3, (ii) the date the Release becomes effective, or (iii) Section 4(c)(ii); provided that the first payment shall include all amounts that would have been paid to Executive if payment had commenced on the date of Executive’s termination of employment.

  • Plaintiff’s Release Plaintiff and his or her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, or occurrences that occurred during the Class Period, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Operative Complaint and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, Plaintiff’s PAGA Notice, or ascertained during the Action and released under 6.2, below. (“Plaintiff’s Release.”) Plaintiff’s Release does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, nonetheless, that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.

  • Release of Pre-Closing Claims (a) Except as provided in (i) Section 6.1(c), (ii) any exceptions to the indemnification provisions of Sections 6.2, 6.3 and 6.4 set forth in those Sections and (iii) any Transaction Document and this Agreement, effective as of the Closing Date, to the fullest extent permitted by law, the Company does hereby for itself and all Persons who at any time prior to the Closing Date have been directors, officers, agents or employees of the Company (in each case, in their respective capacities as such), voluntarily, knowingly unconditionally remise, release and forever discharge Genworth and the other members of the Genworth Group, their respective Affiliates, successors and assigns, and all Persons who at any time prior to the Closing Date have been stockholders, directors, officers, agents or employees of any member of the Genworth Group (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at Law or in equity (including any right of contribution), whether arising under any contract, tort or agreement, by operation of Law or otherwise, existing or arising from any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed from the beginning of time up to the Closing Date, including without limitation in connection with the transactions and all other activities to implement the IPO Transactions, the Initial Public Offering and any of the other transactions contemplated hereunder and under the Transaction Documents. (b) Except as provided in (i) Section 6.1(c), (ii) any exceptions to the indemnification provisions of Sections 6.2, 6.3 and 6.4 set forth in those Sections and (iii) any Transaction Document and this Agreement, effective as of the Closing Date, Genworth does hereby for itself and all Persons who at any time prior to the Closing Date have been stockholders, directors, officers, agents or employees of Genworth (in each case, in their respective capacities as such), remise, release and forever discharge the Company, the respective members of the Company Group, their respective Affiliates, successors and assigns, and all Persons who at any time prior to the Closing Date have been stockholders, directors, officers, agents or employees of any member of the Company Group (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at Law or in equity (including any right of contribution), whether arising under any contract, tort or agreement, by operation of Law or otherwise, existing or arising from any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed from the beginning of time up to the Closing Date, including without limitation in connection with the transactions and all other activities to implement the IPO Transactions, the Initial Public Offering and any of the other transactions contemplated hereunder and under the Transaction Documents. (c) Nothing contained in Section 6.1(a) or Section 6.1(b) shall impair any right of any Person to enforce this Agreement or any Transaction Document, in each case in accordance with its terms. Nothing contained in Section 6.1(a) or Section 6.1(b) shall release any Person from: (i) any Liability, contingent or otherwise, assumed, transferred, assigned or allocated to the Group of which such Person is a member in accordance with, or any other Liability of any member of any Group under, this Agreement or any Transaction Document; (ii) any Liability for the sale, lease, construction or receipt of property or services purchased, obtained or used in the ordinary course of business by a member of one Group from a member of the other Group prior to the Closing Date; (iii) any Liability for unpaid amounts for services or refunds owing on services due on a value-received basis for work done by a member of one Group at the request or on behalf of a member of the other Group; or (iv) any Liability that Genworth and the Company may have with respect to indemnification or contribution pursuant to this Agreement or otherwise, including for claims brought against Genworth and the Company by third Persons (which third person claims shall be governed by the provisions of this Article VI and, if applicable, the appropriate provisions of the Transaction Documents). (d) The Company shall not make, and shall not permit any member of the Company Group to make, any claim or demand, or commence any Action asserting any claim or demand, including any claim of contribution or any indemnification, against Genworth or any member of the Genworth Group, or any other Person released pursuant to Section 6.1(a), with respect to any Liabilities released pursuant to Section 6.1(a). Genworth shall not, and shall not permit any member of the Genworth Group, to make any claim or demand, or commence any Action asserting any claim or demand, including any claim of contribution or any indemnification against the Company or any member of the Company Group, or any other Person released pursuant to Section 6.1(b), with respect to any Liabilities released pursuant to Section 6.1(b). (e) It is the intent of each of Genworth and the Company, by virtue of the provisions of this Section 6.1, to the fullest extent permitted by law and in furtherance of and without limitation of the releases in Section 6.1(a)-(b), to provide for a full and complete release and discharge of all Liabilities existing or arising from all acts and events occurring or failing to occur or alleged to have occurred or to have failed to occur and all conditions existing or alleged to have existed on or before the Closing Date, between or among the Company or any member of the Company Group, on the one hand, and Genworth or any member of the Genworth Group, on the other hand (including any contractual agreements or arrangements existing or alleged to exist between or among any such members on or before the Closing Date), except as expressly set forth in Sections 6.1(a), (b) and (c). At any time, at the request of any other Party, each Party shall cause each member of its respective Group to execute and deliver releases reflecting the provisions hereof.