Common use of Scope of the Settlement Clause in Contracts

Scope of the Settlement. 3.1 As of the Effective Date, Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates, and assigns, and any Person acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, shall thereupon fully, finally, and forever, release, settle, and discharge the Released Group from and with respect to every one of the Released Plaintiffs’ Claims on the terms set forth herein, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Claims against any of the Released Group. 3.2 As of the Effective Date, Plaintiffs and each and every Class Member shall be deemed bound by the Stipulation and the Judgment. The Judgment, including the release of all Released Plaintiffs’ Claims against all Released Group, shall have res judicata, collateral estoppel, and all other preclusive effect in all pending and future lawsuits, arbitrations, or other proceedings maintained by, or on behalf of, Plaintiffs or any Class Members, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, predecessors, successors-in-interest, successors, and assigns, and anyone claiming through or on behalf of any of them. 3.3 As of the Effective Date, the Defendants shall thereupon fully, finally, and forever release, settle, and discharge the Released Plaintiffs from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, or prosecuting any of the Released Defendants’ Claims against the Released Plaintiffs.

Scope of the Settlement. 3.1 As 3. Upon the entry of the Judgment, the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 4. Upon the Effective Date, Lead Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates, interest and assigns, and any Person person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, shall thereupon fully, finally, finally and forever, release, settle, settle and discharge the Released Group Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims on the terms set forth hereinClaims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, instituting or continuing to prosecute prosecuting any Released Plaintiffs’ Claims against any of the Released GroupDefendant Parties. 3.2 As of 5. Upon the Effective Date, Plaintiffs each of Defendants, on behalf of themselves, the other Released Defendant Parties and each and every Class Member shall be deemed bound by the Stipulation and the Judgment. The Judgment, including the release of all Released Plaintiffs’ Claims against all Released Group, shall have res judicata, collateral estoppel, and all other preclusive effect in all pending and future lawsuits, arbitrations, any person or other proceedings maintained by, entity acting for or on behalf of, Plaintiffs or any Class Membersclaiming under, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, predecessors, successors-in-interest, successors, and assigns, and anyone claiming through or on behalf of any of them. 3.3 As , and each of the Effective Datethem, the Defendants shall thereupon fully, finallyfinally and forever, and forever release, settle, settle and discharge the Released Plaintiffs Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released PlaintiffsPlaintiff Parties.

Scope of the Settlement. 3.1 As 3. Upon the entry of the Judgment (or the Alternative Judgment, in the event that none of the Parties hereto elects to terminate this Stipulation as provided in Section I below), the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 4. Upon the Effective Date, Plaintiffs Lead Plaintiff and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates, affiliates and assigns, and any Person person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, shall thereupon fully, finally, finally and forever, release, settle, settle and discharge the Released Group Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims on the terms set forth hereinClaims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Claims against any of the Released GroupDefendant Parties. 3.2 As of 5. Upon the Effective Date, Plaintiffs each of Defendants, on behalf of themselves, the other Released Defendant Parties and each and every Class Member shall be deemed bound by the Stipulation and the Judgment. The Judgment, including the release of all Released Plaintiffs’ Claims against all Released Group, shall have res judicata, collateral estoppel, and all other preclusive effect in all pending and future lawsuits, arbitrations, any person or other proceedings maintained by, entity acting for or on behalf of, Plaintiffs or any Class Membersclaiming under, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, predecessors, successors-in-interest, successors, and assigns, and anyone claiming through or on behalf of any of them. 3.3 As , and each of the Effective Datethem, the Defendants shall thereupon fully, finallyfinally and forever, and forever release, settle, settle and discharge the Released Plaintiffs Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released Plaintiff Parties. 6. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiffs’ Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiffs’ Claims and the Released Defendants’ Claims, including without limitation any third party claims for contribution or indemnity in accordance with 10 Del. C. § 6304 and any similar laws or statutes; provided, however, that nothing herein shall release or otherwise affect any claims for contribution or indemnity between or among Defendants and/or their insurance carriers.

Scope of the Settlement. 3.1 As 30. Upon the entry of the Judgment, or upon the entry of an Alternative Judgment if none of the Parties elects to terminate this Stipulation, the Action shall be dismissed with prejudice, on the merits and without costs. 31. Upon the Effective Date, Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates, interest and assigns, and any Person person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, shall thereupon fully, finally, finally and forever, release, settle, settle and discharge the Released Group Defendant Parties from and with respect to every one of the Released Plaintiffs’ Claims on the terms set forth hereinClaims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, instituting or continuing to prosecute prosecuting any Released Plaintiffs’ Claims against any of the Released GroupDefendant Parties. 3.2 As of 32. Upon the Effective Date, Plaintiffs and each and every Class Member shall be deemed bound by of the Stipulation and the Judgment. The JudgmentStipulating Defendants, including the release of all Released Plaintiffs’ Claims against all Released Group, shall have res judicata, collateral estoppel, and all other preclusive effect in all pending and future lawsuits, arbitrations, or other proceedings maintained by, or on behalf ofof themselves, Plaintiffs or any Class Memberstheir legal representatives, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, successors, predecessors, successors-in-interest, successors, -in-interest and assigns, and anyone claiming through any person or entity acting for or on behalf of of, or claiming under, any of them. 3.3 As , and each of the Effective Datethem, the Defendants shall thereupon fully, finallyfinally and forever, and forever release, settle, settle and discharge the Released Plaintiffs Plaintiff Parties from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released PlaintiffsPlaintiff Parties.

Scope of the Settlement. 3.1 As 8. Upon the entry of the Judgment, the Action shall be dismissed with prejudice, on the merits and without costs (except as provided herein). 9. Upon the Effective Date, Plaintiffs and all Class Members, on behalf of themselves, their legal representatives, heirs, executors, administrators, estates, predecessors, successors, predecessors-in-interest, successors-in-interest, affiliates, and assigns, and any Person acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective officers, directors, employees, and agents, in their respective capacities as such, the Releasing Plaintiff Persons shall thereupon fully, finally, finally and forever, release, settle, settle and discharge the Released Group Defendant Persons from and with respect to every one of the Released Plaintiffs’ Claims on the terms set forth hereinPlaintiff’s Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any Released Plaintiffs’ Plaintiff’s Claims against any of the Released GroupDefendant Persons. 3.2 As of 10. Upon the Effective Date, Plaintiffs and each and every Class Member shall be deemed bound by the Stipulation and the Judgment. The Judgment, including the release of all Released Plaintiffs’ Claims against all Released Group, shall have res judicata, collateral estoppel, and all other preclusive effect in all pending and future lawsuits, arbitrations, or other proceedings maintained by, or on behalf of, Plaintiffs or any Class Members, as well as their respective heirs, executors, administrators, estates, predecessors-in-interest, predecessors, successors-in-interest, successors, and assigns, and anyone claiming through or on behalf of any of them. 3.3 As of the Effective Date, the Defendants shall thereupon fully, finallyfinally and forever, and forever release, settle, settle and discharge the Released Plaintiffs Plaintiff Persons from and with respect to every one of the Released Defendants’ Claims, and shall thereupon be forever barred and enjoined from commencing, instituting, instituting or prosecuting any of the Released Defendants’ Claims against any of the Released PlaintiffsPlaintiff Persons. 11. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action, the Released Plaintiff’s Claims and the Released Defendants’ Claims. It is the intention of the Parties that the Settlement eliminate all further risk and liability relating to the Released Plaintiff’s Claims and the Released Defendants’ Claims, and that the Settlement shall be a final and complete resolution of all disputes asserted or which could be or could have been asserted with respect to the Released Plaintiff’s Claims and the Released Defendants’ Claims; provided, however, that nothing herein shall release or otherwise affect any claims for indemnity or contribution between Defendants and their insurance carriers.