Common use of Released Claims of Settlement Class Clause in Contracts

Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class shall, by operation of the Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approval, that relate to or arise out of Ocwen’s alleged use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes during the Settlement Class Period, including but not limited to claims that relate to or arise out of Ocwen’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act. Without in any way limiting their scope, the Released Claims cover by example and without limitation, any and all claims for attorneys’ fees, costs, expert fees, or consultant fees, interest, or litigation fees, or any other fees, costs, and/or disbursements incurred by Class Counsel, Plaintiff, or any Settlement Class Members in connection with or related in any manner to this Settlement, the administration of this Settlement, and/or the Released Claims, except to the extent otherwise specified in the Settlement Agreement.

Released Claims of Settlement Class. Upon the Final ApprovalSettlement Date, each member of the Settlement Class Class, as well as their respective family members, executors, representatives, administrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co- mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf, shall, by operation of the final Judgment, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, debts, demands, agreementsreckonings, promises, liabilities, damages, lossespenalties, controversies, attorney’s fees and costs, expenses liens, judgments, and attorneys’ fees demands of any nature whatsoeverkind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the past, whether based on any federal lawin arbitration, state lawadministrative, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equityjudicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, asserted whether based on federal, state, or unassertedlocal law, foreseen statute, ordinance, regulations, contract, common law, or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approvalany other source, that relate were or could have been sought or alleged in the Litigation, that relate, concern, arise from, or pertain in any way to the Released Persons’ conduct, policies, or arise out practices concerning Shellpoint’s procurement or placement, or the ▇▇▇▇▇▇-▇▇▇▇▇▇▇ Company’s procurement for Shellpoint, of Ocwen’s alleged use LPI Policies, or to the receipt or disclosure or nondisclosure of equipment or methods charges related to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes the advancing of LPI premiums during the Settlement Class Period, including but not limited to conduct, policies or practices concerning LPI Policies or to charges for Shellpoint’s placement of LPI Policies during the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that relate any present losses may have been underestimated in amount or severity. 10.1.1. The Release in Section 10.1 shall include, but not be limited to, all claims related to Shellpoint’s insurance requirements; the relationship, whether contractual or arise out otherwise, between Shellpoint and the ▇▇▇▇▇▇-▇▇▇▇▇▇▇ Company regarding LPI, including, but not limited to, the procuring, underwriting, placement, insurance tracking, or costs of Ocwen’s use of an LPI Policies; the coverage amount, duration, issue date, alleged “automatic telephone dialing systembackdating,” or alleged excessiveness (including but not limited to coverage amount or cost) of any LPI Policies placed or charged by Shellpoint; the payment or receipt of commissions, expense reimbursements, alleged “artificial kickbacks,” or prerecorded voice” as defined in any other compensation under any LPI Policies placed or charged by Shellpoint; the Telephone Consumer Protection Act. Without receipt or disclosure or non-disclosure of any and all payments, expenses, fees, finance charges, other charges, or features pertaining in any way limiting their scopeto, in connection with, or under any LPI Policies or coverage under such LPI Policies and charges for such coverage placed or charged by Shellpoint; the Released Claims receipt or non-disclosure of any benefit under any LPI Policies or coverage under such LPI Policies and charges for such coverage placed or charged by Shellpoint; the content, manner, or accuracy of any communications regarding the placement of any LPI Policies by Shellpoint; and to the regulatory approval or non-approval of any LPI Policy, or the premium thereon, placed or charged by Shellpoint. Each Settlement Class Member shall be considered, by operation of the Final Judgment, to have received full and final redress, including but not limited to any refund, reimbursement, restitution, or damages for the conduct covered by the release. 10.1.2. The Release in Section 10.1 shall not cover by example and without limitationclaims arising after the close of the Settlement Class Period, any and all nor insurance claims for attorneys’ fees, costs, expert fees, losses relating to properties insured under any LPI Policy placed or consultant fees, interest, or litigation fees, or any other fees, costs, and/or disbursements incurred charged for by Class Counsel, Plaintiff, or Shellpoint. Nothing in Section 10.1 shall be deemed a release of any Settlement Class Members in connection with or related in any manner to Member’s respective rights and obligations under this Settlement, the administration of this Settlement, and/or the Released Claims, except Agreement. 10.1.3. Except to the extent otherwise specified that any such obligation is being released pursuant to Section 10.1, this Settlement Agreement shall not release Shellpoint from any existing obligation to any Settlement Class Member under any loan, note, mortgage, or deed of trust. This provision is not meant to and does not limit the Release in the Settlement AgreementSection 10.1.

Released Claims of Settlement Class. Upon Final Approval, each member of the Settlement Class, including the Plaintiff, and their present, former, or future executors, administrators, successors, predecessors, agents, parent entities, subsidiaries, divisions, related entities, affiliates, partners, limited partners, general partners, members, owners, investors, principals, employees, officers, directors, executive directors, managing directors, advisors of any kind, attorneys, servants, subrogees, indemnitors, insurers, heirs, personal or legal representatives, trusts, family member, and assigns, and any other person or entity who has the right, ability, standing, or capacity to assert, prosecute, or maintain on behalf of or through any member of the Settlement Class shallin such capacity only, shall be deemed to have, and by operation of the JudgmentJudgment shall have, be deemed to have fully, conclusively, irrevocably, forever, forever and finally resolved, released, relinquished, waived and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, causes of action, third-party claims, cross-claims, counterclaims, suits, obligations, debts, demands, agreements, promises, liabilities, damages, charges, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoeverwhatsoever (including expert fees and disbursements of counsel and other professionals), whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, whether arising in equity or under the law of contract, tort, malpractice, statutory breach, or any other legal right or duty, whether direct, individual, representative, or in any other capacity, whether class or individual in nature, and to the fullest extent that the law permits their release in the Action, as of the date of Final Approval, that relate to or arise out of OcwenECA’s alleged use of equipment or methods to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes during the Settlement Class Period, including but not limited to claims that relate to or arise out Period (the “Released Claims”). For the avoidance of Ocwen’s use of an “automatic telephone dialing system” or “artificial or prerecorded voice” as defined in the Telephone Consumer Protection Act. Without in any way limiting their scopedoubt, the Released Claims cover by example and without limitation, any and all include claims for attorneys’ fees, costs, expert fees, relating to or consultant fees, interest, arising out of the equipment or litigation fees, method used to contact or any other fees, costs, and/or disbursements incurred by Class Counsel, Plaintiff, or any attempt to contact Settlement Class Members in connection with by telephone by ECA or related in any manner to this Settlementperson allegedly or purportedly acting through, the administration of this Settlementon behalf of, and/or the Released Claims, except to the extent otherwise specified in the Settlement Agreementor for ECA.

Released Claims of Settlement Class. Upon Final Approval, each Each member of the Settlement Class Class, as well as their respective family members, executors, representatives, adminstrators, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, joint tenants, tenants in common, tenants by the entirety, co-mortgagors, co-obligors, co-debtors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on their behalf other than the Named Plaintiff, shall, by operation of the JudgmentFinal Order, be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Persons in all capacities, including individual and trustee capacities, from any and all claims, actions, causes of action, suits, obligationsdefenses, debts, demandssums of money, agreementspayments, obligations, reckonings, promises, liabilities, damages, lossespenalties, controversies, attorney’s fees and costs, expenses liens, judgments, and attorneys’ fees demands of any nature whatsoeverkind whatsoever that each member of the Settlement Class may have until the close of the Settlement Class Period or may have had in the past, whether based on any federal lawin arbitration, state lawadministrative, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equityjudicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, asserted whether based on federal, state, or unassertedlocal law, foreseen statute, ordinance, regulations, contract, common law, or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of Final Approvalany other source, that relate were or could have been sought or alleged in the Litigation or that relate, concern, arise from, or pertain in any way to the Released Persons’ conduct, policies, or arise out practices concerning Shellpoint’s placement of Ocwen’s alleged use LPI Policies or to the receipt or disclosure or nodisclosure of equipment or methods charges related to contact or attempt to contact Settlement Class Members by telephone for servicing or debt collection purposes the advanching of LPI premiums during the Settlement Class Period, including but not limited to conduct, policies or practices concerning LPI Policies or to charges for Shellpoint’s Placement of LPI Policies during the Settlement Class Period. In agreeing to this Release, Named Plaintiff explicitly acknowledges, and each Settlement Class Member is deemed to recognize, that unknown losses or claims could possibly exist and that relate any present losses may have been underestimated in amount or severity. (i) The Release stated in Paragraph 12(b) above shall include, but not be limited to, all claims related to Shellpoint’s insurance requirements; the relationship, whether contractual or arise out otherwise, between Shellpoint and the ▇▇▇▇▇▇ Sealwell Company regarding LPI, including, but not limited to, the procuring, underwriting, placement, insurance tracking, or costs of Ocwen’s use of an LPI Policies; the coverage amount, duration, issue date, alleged “automatic telephone dialing systembackdating,” or alleged excessiveness (including but not limited to coverage amount or cost) of any LPI Policies placed or charged by Shellpoint; the payment or receipt of commissions, expense reimbursements, alleged “artificial kickbacks,” or prerecorded voice” as defined in any other compensation under any LPI Policies placed or charged by Shellpoint; the Telephone Consumer Protection Act. Without receipt or disclosure or non-disclosure of any and all payments, expenses, fees, finance charges, or other charges, or features pertaining in any way limiting their scopeto, in connection with, or under any LPI Policies or coverage under such LPI Policies and charges for such coverage placed or charged by Shellpoint; the Released Claims receipt or non-disclosure of any benefit under any LPI Policies or coverage under such LPI Policies and charges for such coverage placed or charged by Shellpoint; the content, manner, or accuracy of any communications regarding the placement of any LPI Policies by Shellpoint; and to the regulatory approval or non-approval of any LPI Policy, or the premium thereon, placed or charged by Shellpoint. Each Settlement Class Member shall be considered, by operation of the Final Judgment, to have received full and final redress, including but not limited to any refund, reimbursement, restitution, or damages for the conduct covered by the release. (ii) The Release in Paragraph 12(b) above shall not cover by example and without limitationclaims arising after the close of the Settlement Class Period, any and all nor insurance claims for attorneys’ feeslosses relating to properties insured under any LPI Policy placed or charged for by Shellpoint. Nothing in Paragraph 12(b) shall be deemed a release of any Settlement Class Member’s respective rights and obligations under this Agreement. Further, costs, expert fees, or consultant fees, interest, or litigation feesnothing in Paragraph 12(b), or any other feesprovision of the Stipulation and Settlement Agreement, costsshall be deemed a release of claims by borrowers who were charged for LPI that was purchased by mortgage servicers other than Shellpoint. (iii) Except to the extent that any such obligation is being released pursuant to Paragraph 12(b) above, and/or disbursements incurred by Class Counsel, Plaintiff, or this Final Order shall not be deemed a release of Defendant from any existing obligation to any Settlement Class Members Member under any loan, note, mortgage, or deed of trust. This provision is not meant to and does not limit the Releases in connection with this Final Order or related in any manner to this Settlement, the administration of this Settlement, and/or the Released Claims, except to the extent otherwise specified in the Settlement Agreement.