Release by Defendant. “Elixir’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that Elixir and its predecessors, successors, parents, subsidiaries, members, as well as their respective present and former officers, directors, members, shareholders, managers, employees, attorneys, agents and other representatives (“Elixir Parties”) may have against Plaintiff, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Action or the Released Plaintiff’s Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Elixir Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged Plaintiff, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of Elixir’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of Elixir’s Released Claims; and (iii) agree and covenant not to sue on the basis of any of Elixir’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of Xxxxxx’s Released Claims.
Release by Defendant. Upon entry of the Order of Dismissal with Prejudice, Defendant hereby releases Plaintiffs, their officials, employees, agents, representatives, successors and assigns from any and all claims, demands, actions, causes of action, damages, costs and expenses which Defendant ever had, now have, or hereinafter can, shall, or may have, by reason of anything occurring, done or omitted to be done by Plaintiffs as of, or prior to, the effective date of this Agreement relating to the Lawsuit.
Release by Defendant. “R+F’s Released Claims” means all claims, including “Unknown Claims” as defined in Section 3.3, that any of the Released Defendant Parties may have against Plaintiffs, Settlement Class Members that did not timely request exclusion from the Settlement Class, or Class Counsel relating to the institution, prosecution or settlement of the Actions or the Released Plaintiffs’ Claims, except for claims to enforce any of the terms of this Agreement. Effective immediately upon the Settlement Date, each of the Released Defendant Parties: (i) shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released and discharged Plaintiffs, Class Counsel, and Settlement Class Members that did not timely request exclusion from the Settlement Class, from each and every one of the R+F’s Released Claims; (ii) shall forever be enjoined from prosecuting any one of R+F’s Released Claims; and (iii) agree and covenant not to xxx on the basis of any of R+F’s Released Claims or to assist any third-party in commencing or maintaining any such suit related to any of R+F’s Released Claims.
Release by Defendant. Upon the Effective Date and full funding of the Gross Settlement Amount (including all employer payroll taxes owed on the Wage Portion of the Individual Settlement Payments), Defendant hereby fully release Plaintiff and Plaintiff’s heirs, agents, representatives, assigns, executors, and/or anyone on Plaintiff’s behalf (collectively, the “Plaintiff Released Parties”) from all claims or causes of action by reason of any injuries and/or damages or losses, known or unknown, foreseen or unforeseen, patent or latent, which Defendant has sustained or which may be sustained as a result of any facts and circumstances arising out of or in any way related to Plaintiff’s employment with Defendant and the filing of the Action,
Release by Defendant. Defendant, on behalf of itself and its current and former parent, subsidiary, and affiliated entities (including Oil States International, Inc. and Oil States Energy Services Holding, Inc.) and each of their current and former officers, directors, partners, owners, shareholders, principals, agents, representatives, employees, attorneys, insurers, employee benefit plans, predecessors, successors, and/or assigns, hereby fully and finally releases, acquits, and forever discharges Xxxxxxxx & Xxxxxxxx LLP from any and all claims, liabilities, demands, losses, judgments, actions, suits, causes of action, damages, and interests that it may now or hereafter have, own, or claim to have, including any claims arising under the separate agreement between Defendant and Xxxxxxxx & Xxxxxxxx LLP dated April 26, 2018 for a credit or reduction of $155,000.00 to be applied against any attorneys’ fees awarded to Xxxxxxxx & Xxxxxxxx LLP in the Action.
Release by Defendant. Except for the rights and obligations specifically set forth in this Agreement, the Defendant, for itself and its heirs, successors, predecessors, assigns, agents, attorneys, insurers, representatives, employees, officers, directors and any other person or entity acting or purporting to act by, through, under or in concert with them (collectively with the Defendant, the “Defendant Releasors”), hereby release and discharge Plaintiff and its successors, predecessors, assigns, agents, attorneys, insurers, representatives, employees, officers, members, managers and any other person or entity acting or purporting to act by, through, under or in concert with it or her, from any and all debts, damages, liabilities, demands, obligations, costs, expenses, disputes, manner of claims, rights, actions and causes of action, whether known or unknown, vested or contingent, pursuant to federal or state statute, common law or otherwise, which any Defendant Releasor now owns or holds or has at any time heretofore owned or held or has asserted, or hereafter can, shall or may have or assert, for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the Effective Date.
Release by Defendant. Upon Plaintiff’s receipt of the Settlement Payment pursuant to Section 3.1 (Payment Amounts and Dates), Defendant, on behalf of itself and its Affiliates, hereby irrevocably releases and discharges (a) Plaintiff, (b) Plaintiff’s Affiliates, and (c) Plaintiff’s and its Affiliates’ officers, directors, employees, agents, attorneys, and other representatives, but only insofar as they were acting in their capacities as such on behalf of Plaintiff or its Affiliates, in each case from all actions, causes of action, claims, counterclaims, demands, losses, damages, debts, costs, expenses, attorneys’ fees and liabilities asserted in the Litigation, or otherwise arising out of or relating to the Litigation or Plaintiff’s assertions of patent infringement against Defendant (including, for malicious prosecution or attorneys’ fees), to the extent such actions, causes of action, claims, counterclaims, demands, losses, damages, debts, costs, expenses, attorneys’ fees and liabilities are based on any act or omission of Plaintiff or Plaintiff’s Affiliates occurring on or prior to August 31, 2013, in all cases at law or in equity, whether known or unknown, suspected or unsuspected, disclosed or undisclosed.
Release by Defendant. Defendant releases all claims of any kind or nature that have been or could have been asserted against Plaintiff Xxxxxx, her agents, or Class Counsel relating to the claims in this lawsuit, or the filing or prosecution of any lawsuit relating to such claims. This Release shall not apply to claims held by any of the Class Members other than Plaintiff Xxxxxx.
Release by Defendant. Defendant will release all counterclaims asserted in response to the Demands for Arbitration as to all members of the Settlement Class who participate in, and do not opt-out of, the settlement.
