Released Class Claims Sample Clauses

Released Class Claims. In consideration of their Settlement Share and other terms and conditions of this Agreement, each Class Member shall, upon the Effective Date, be deemed to have released, on behalf of their respective heirs, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors in interest and assigns, any and all claims against Defendants and the other Released Parties the certified claims described in Section I.A, including all claims and derivative claims for unpaid wages, statutory penalties, civil penalties, interest, costs and attorneys’ fees related to the certified claims. (the “Released Class Claims”). This release shall not be limited in any way by the possibility that Plaintiffs or Class Members may discover new facts or legal theories or legal arguments not alleged in the operative pleadings in the Lawsuit but which might serve as an alternative basis for pursuing the same claims, cause of action, or legal theories falling within the definition of the Released Class Claims. The Released Class Claims are those that accrued during the Settlement Class Period; no subsequent Class Member claims are released.

Released Class Claims. All Participating Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint and ascertained in the course of the Action including, any and all claims involving any alleged: (1) failure to pay minimum wage and straight time wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to authorize and permit rest periods; (5) failure to timely pay final wages at termination; (6) failure to provide accurate itemized wage statements; and (7) unfair business practices. The Released Class Claims do not include any Released PAGA Claims, addressed in Paragraph 5.3 below. Except as set forth in Section 5.3 of this Agreement, Participating Settlement Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, or claims based on facts occurring outside the Class Period.

Released Class Claims. 59. Upon the Effective Date, each Class Member who has not opted out of the Settlement and the Class Representative shall be deemed to have fully, finally, and forever released GDIT Releasees from all Released Class Claims as set forth in Section VII. Plaintiff, in conjunction with his requesting his Service Enhancement, also will enter into the General Release as set forth in Section VII.B.

Released Class Claims. “Released Class Claims” shall become effective upon payment of the Final Settlement Amount, and means any and all claims, demands, rights, actions, causes of action, liabilities, damages, losses, obligations, judgments, duties, suits, costs, expenses, matters and issues arising in any way during the period from December 3, 2002 through March 31, 2016, whether known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, liquidated or unliquidated, matured or unmatured, accrued or unaccrued, apparent or unapparent, including unknown claims, that could have been, or might be asserted in any court, tribunal or proceeding, against Released Entities and that arise out of, relate to, or concern the allegations in the Action, including, but not limited to, statutory, constitutional, contractual or common law claims for unpaid regular or overtime wages, improper notice, spread of hours, unpaid gratuities, service charges, prevailing wage, living wage, tips, any related wage and hour claims, interest on such claims, penalties, damages, liquidated damages, attorney’s fees, expenses, disbursements, litigation costs and fees, restitution, or equitable relief. This release includes any such claims under the New York State Labor Law and any other state or local law, but not under the Fair Labor Standards Act.

Released Class Claims. All members of the Class, except for those who timely request exclusion, will release and discharge the Released Parties from any and all wage-and-hour claims, rights, demands, liabilities and causes of action of every nature and description whether pled or could have been pled based on the factual allegations made in the Lawsuits against Defendants, for the duration of the Class Period, based upon the following categories of allegations: failure to pay minimum wages, failure to pay overtime wages, failure to pay doubletime wages, failure to pay for off-the-clock work, failure to provide meal periods or meal period premium payments, failure to provide rest periods or rest period premium payments, failure to provide accurate itemized wage statements, failure to properly calculate, provide and pay paid sick leave, failure to timely pay wages due during employment, and failure to pay all wages due upon termination of employment, violation of the applicable provisions of the California Labor Code, violation of applicable portions of the California Code of Regulations, Title 8, section 11040, violation of California’s unfair business practices and unfair competition laws to the extent they arise from violations of the Labor Code provisions alleged in the Lawsuits. As of the Effective Final Settlement Date, the Class Members, including Plaintiffs, individually and on behalf of their heirs, executors, administrators, representatives, attorneys, successors and assigns are voluntarily and knowingly barred from bringing the Released Class Claims during the Class Period.

Released Class Claims. “Released Class Claims” means the claims being released as described in Paragraph 6.2 below.

Released Class Claims. As of the date of the Order Granting Final Approval, and only after the Settlement has been fully funded by Defendants, all Class Members (which specifically includes Plaintiff) shall fully and finally release Released Parties of the Released Class Claims. The Released Class Claims include any and all claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Operative Complaint or that could have been alleged/asserted based on the facts asserted in the Operative Complaint.

Released Class Claims. Upon the Effective Date, and except as to the right to enforce the terms and conditions of this Agreement, each Participating Class Member will release the Released Parties of all claims, actions, demands, causes of action, suits, debts, obligations, demands, rights, liabilities, or legal theories of relief, that were or could have been pleaded under local, state or federal law arising out of any facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions, or failures to act pleaded in the Operative Complaint, including, but not limited to, claims for (1) failure to pay regular, minimum, and overtime wages; (2) failure to provide accurate itemized wage statements; (3) failure to provide rest periods; (4) failure to provide meal periods; (5) failure to reimburse necessary business expenses; (6) failure to pay all wages owed upon termination; (7) failure to provide adequate resting facilities; (8) failure to permit inspection of personnel file and records; and (9) unfair competition.

Released Class Claims. As of the Effective Date and upon full funding of the Gross Settlement Amount and all employer payroll taxes owed on the Wage Portion of the Individual Class Payments by Defendant, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from the Released Class Claims. The “Released Class Claims” are all claims that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaints, which occurred during the Class Period except as expressly set forth in this Agreement. Participating Class Members do not release any other claims, including claims for vested benefits, Plaintiff’s ninth cause of action for constructive discharge, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, and claims outside the Class Period.