Plaintiffs’ General Release. Upon entry of the Final Order and Judgment, Plaintiffs Xxxxx Xxxxxxx, Xxxxx X. Xxxxx, and W.T., a minor, by and through Xxxxxxx Xxxx as Guardian ad Litem, in their individual capacities only, and each of their successors, assigns, legatees, heirs, and personal representatives release and forever discharge Facebook and its direct or indirect parents, wholly or majority-owned subsidiaries, affiliated and related entities, predecessors, successors and assigns, partners, privities, and any of its present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under, or in concert with it, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent. In addition, Plaintiffs Xxxxx Xxxxxxx, Xxxxx X. Xxxxx, and W.T., a minor, by and through Xxxxxxx Xxxx as Guardian ad Litem, in their individual capacities only, and each of their successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiffs fully understand that the facts on which this Settlement Agreement is executed may be different from the facts now believed by Plaintiffs and their Counsel to be true, and they expressly accept and assume the risk of this possible difference in facts and agree that this Settlement Agreement remains effective despite any difference in facts. Further, Plaintiffs agree that this waiver is an essential and material term of this release and the Settlement that underlies it and that without such waiver the Settlement would not have been accepted.
Plaintiffs’ General Release. In addition to the release contained in Section 2.2.1, Plaintiff on behalf of each of his spouses, children, executors, representatives, guardians, wards, heirs, estates, bankruptcy estates, bankruptcy trustees, successors, predecessors, attorneys, agents and assigns, and all those who claim through them or who assert claims (or could assert claims) on his behalf (“Plaintiff Releasors”), release and forever discharge the Released Parties from any and all actual, potential, filed, known or unknown, fixed or contingent, claimed or unclaimed, asserted or unasserted, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, contracts or agreements, extra-contractual claims, damages, punitive, exemplary, or multiplied damages, expenses, costs, attorneys’ fees, and or obligations, whether in law or in equity, accrued or unaccrued, direct, individual or representative, of every nature and description whatsoever which they may have or claim to have that arise before entry of the Final Approval Order and Judgment. Plaintiff, on behalf of Plaintiff Releasors, fully understands that the facts upon which this Agreement is executed may hereafter be other than or different from the facts now believed by Plaintiff and/or Settlement Class Counsel to be true and expressly accepts and assumes the risk of such possible difference in facts and agrees that this Agreement shall remain effective notwithstanding any such difference in facts. With respect to the release in this Section 2.2.2, Plaintiff, on behalf of any of Plaintiff Releasors, shall be deemed to have, and by operation of the Settlement Agreement shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code (to the extent applicable, or any other similar provision under federal, state, or local law to the extent any such provision is applicable).
Plaintiffs’ General Release. In consideration of their awarded Class Representative Payments, their respective pieces of the Settlement Shares, and the other terms and conditions of the Settlement, each Plaintiff (who shall not opt out), jointly, severally, shall, and hereby fully and generally releases, discharges, and covenants not to sue the Released with respect to any and all claims, judgments, liens, losses, debts, liabilities, demands, contracts, disputed wages, obligations, guarantees, penalties, costs, expenses, attorneys’ fees, damages, indemnities, actions, causes of action, and obligations of every kind and nature in law, equity or otherwise, known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or accrued, occurring up to the execution of this Settlement, which the Plaintiffs now owns or holds or has at any time heretofore owned or held, arising out of or in any way connected with the Plaintiffs’ employment, separation of employment, or any other relationship with, any Defendant or Released Party, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Defendant or Released Party, committed or omitted prior to the date of the Preliminary Approval Order. The Parties intend the Plaintiffs’ General Releases to be general and comprehensive in nature, and to release all Plaintiffs’ Claims and potential Plaintiffs’ Claims against Defendant and the Released Parties to the maximum extent permitted at law. Each Plaintiffs’ General Releases include specifically, by way of description, but not by way of limitation, any and all claims arising out of or in any way related to: (i) any interactions between the Plaintiff and any Defendant or Released Party; (ii) Plaintiff’s employment, separation of employment, contractual, and/or quasi-contractual relationship with the Defendant and the Released Parties, or any of them; (iii) any allegations as to disputed wages, remuneration, and/or other compensation, due by operation of statute, ordinance, contract, or quasi-contract; (iv) any federal, state, or local law prohibiting discrimination or retaliation on the basis of age, race, color, ancestry, religion, disability, sex, national origin, or citizenship or any other protected category, including, without limitation, claims under Title VII, the California Fair Employment and Housing Act, the California Labor Code, FLSA,...
Plaintiffs’ General Release. Plaintiffs and his, her, or their 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 and PAGA 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; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, Plaintiffs' PAGA Notice(s), or ascertained during the Action and released under 5.2, below; (c) all Plaintiffs’ individual PAGA claims that were, or reasonably could have been alleged, based on facts contained in the Operative Complaint, Plaintiffs’ PAGA Notice(s), or ascertained during the Action and released under 5.2, below ; and (d) all other claims, including but not limited to, any and all tort claims, contract claims, wage claims, wrongful termination claims, disability claims, benefit claims, public policy claims, retaliation claims, statutory claims, personal injury claims, emotional distress claims, invasion of privacy claims, defamation claims, fraud claims, quantum meruit claims, and any and all claims arising under any federal, state or other governmental statute, law, regulation or ordinance, including, but not limited to claims for violation of the Fair Labor Standards Act, the California Labor Code, the Wage Orders of California’s Industrial Welfare Commission, other state wage and hour laws, the Americans with Disabilities Act, the Age Discrimination in Employment Act (ADEA), the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave Act, California’s Whistleblower Protection Act, California Business & Professions Code Section 17200 et seq., and any and all claims arising under any federal, state or other governmental statute, law, regulation or ordinance (“Plaintiffs' Release”). Plaintiffs' 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. Plaintiffs acknowledge that Plaintiffs may discover facts or...
Plaintiffs’ General Release. Plaintiffs and their 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, 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 or ascertained during the Action and released under 6.2, below; and (b) any other claims, debts, liabilities, demands, damages, obligations, actions and causes of actions, of any nature whatsoever, whether known or unknown, or suspected or unsuspected, arising out of or in connection with their employment with Freedom, the separation of such employment, or any other act, omission or event occurring between the Parties at any time prior to the date Employee executes this Agreement. This General Release includes, without limitation: (1) all claims for violation of any federal, state or local statute, ordinance or regulation relating to employment benefits, leaves of absence, or discrimination, harassment, retaliation or whistleblowing in employment, specifically including, without limitation, the California Fair Employment and Housing Act, the California Family Rights Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Genetic Information Nondiscrimination Act, the Americans with Disabilities Act, and the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the Securities Act, the Immigration Reform and Control Act the Worker Adjustment and Retraining Notification Act of 1988, the California Worker Adjustment and Retraining Notification Act, the Uniformed Service Employment and Reemployment Rights Act, and any regulation of any administrative agency or governmental authority relating to employment benefits or discrimination or harassment or retaliation in employment; (2) all claims for failure to pay minimum or overtime wages, failure to timely pay wages, failure to provide accurate itemized wage statements, failure to maintain accurate records, failure to reimburse business expenses, failure to provide meal periods or rest breaks, failure to provide paid sick leave, failure to post notice of paydays and time and place of payment, and any claim for violations of the California Labor Code, California’s Business and Pr...
Plaintiffs’ General Release. For the purpose of implementing a full and complete release and discharge, the Plaintiff expressly acknowledges that the release given in this Agreement is intended as a general release of all claims, including but not limited to those that he did not know or suspect at the time of execution hereof, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected the settlement of the Lawsuits. Plaintiff expressly acknowledges that the consideration given under this Settlement is also for the release of those claims and contemplates the extinguishment of any such claims against the Released Parties. Plaintiff shall knowingly, voluntarily and completely release the Released Parties as defined in this Settlement from/for all the Plaintiff’s Released Claims. Other than the Class Complaint, the PAGA Complaint, and the LWDA Letter, Plaintiff represents he has no other lawsuit, administrative complaint, or charge against the Released Parties in any local, state or federal court or administrative agency. Plaintiff further acknowledges that all claims raised in the Class Complaint, the PAGA Complaint, and the LWDA Letter shall be fully and finally extinguished by virtue of this Settlement and the Court’s Final Approval Order. Plaintiff further represents that he will not bring any action in the future in which he seeks to recover any damages from Defendant or the Released Parties relating to or arising from Plaintiff’s employment with Defendant, other than an action to enforce their rights under this Settlement. Plaintiff is bound by the Settlement regardless of whether he cashes his settlement check. DocuSign Envelope ID: 709BDE91-36CC-4940-9510-8E54E296371D
Plaintiffs’ General Release. As of the Effective Date, in exchange for the consideration set forth in this Agreement, Plaintiff, on behalf of himself and his heirs, successors and assigns, agrees to release the Released Parties from any and all claims, obligations, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract or for violation of any state or federal statute, rule or regulation based on, arising out of, relating to or in connection with any act or omission by or on the part of any of the Released Parties committed or omitted at any time up to and including the Effective Date, including a waiver of Civil Code §1542. As of the Effective Date, Plaintiff fully and finally releases and discharges the Released Parties from any and all claims, obligations, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, suspected or unsuspected, asserted or that might have been asserted, under federal, state and/or local law, statute, ordinance, regulation, common law, or other source of law, including but not limited to claims arising from or related to his employment, or the termination of his employment, with Released Parties and his compensation while an employee of Released Parties. Plaintiff’s General Release includes, but is not limited to, all claims arising from or related to the Action, or that could have been asserted in the Action based on the facts alleged in the Action (including, but not limited to, Plaintiff’s unasserted claims for (i) failure to provide accurate itemized wage statements in violation of Labor Code section 226, and (ii) failure to pay unpaid wages at time of discharge in violation of Labor Code sections 201, 202 and 203). Plaintiff’s General Release includes all claims for unpaid wages, including, but not limited to, failure to pay minimum wage, straight time compensation, overtime compensation, and interest; missed meal period and rest-period wages; reimbursement for all necessary business expenses; payment for all hours worked, including off-the-clock work; wage statements; failure to keep accurate records; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs. Plaintiff’s General Release includes all claims ...
Plaintiffs’ General Release. In addition to the Released Claims in paragraphs 6 & 7 above, Plaintiffs shall be bound by a complete and general release of all claims under any and all applicable federal and state laws and/or regulations as to the Released Parties, and shall also be bound by California Civil Code section 1542 release and waiver of all claims known and unknown, without exception, except as may be prohibited by law, such as claims for workers’ compensation benefits. California Civil Code section 1542 reads: “A general release does not extend to claims that 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.” It is the intent of the Parties that Plaintiffs intend to provide a general release and that they understand that they will be releasing all claims and waive any rights under Xxx. Civ. Code section 1542 even though they may discover facts that are different from those which they now know or believe to be true with respect to matters released herein. Each named Plaintiff shall be deemed to have expressly, knowingly, and voluntarily waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits he or she or they may otherwise have had pursuant to section 1542 of the California Civil Code and/or similar federal or state laws, rights, rules, or legal principles of any other jurisdiction that may be applicable here. Notwithstanding the above, nor anything else in this Settlement, the waiver and release in this Settlement does not apply to (i) those rights that as a matter of law cannot be waived, including, but not limited to, workers’ compensation claims, pending or otherwise and/or benefits to be received by Plaintiffs in workers’ compensation pursuant to the jurisdiction of workers’ compensation; and (ii) rights or claims arising out of this Settlement.
Plaintiffs’ General Release. In exchange for the Incentive Award, Plaintiff fully releases and forever discharges the Released Parties from any and all rights, duties, obligations, claims, actions, causes of action or liabilities, whether arising under local, state or federal law, whether by Constitution, statute, 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 the Final Approval Order.
Plaintiffs’ General Release. As a material inducement to Defendants to enter into this Agreement, Plaintiffs do hereby, for themselves and their spouse, heirs, successors and assigns, forever release the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including back wages, penalties, liquidated damages and attorneys’ fees and costs actually incurred) of any nature whatsoever, from the beginning of time through the date of preliminary approval of the Settlement, known or unknown, suspected or unsuspected, including, but not limited to, all claims arising out of, based upon or relating to their hiring by, employment with, separation of employment with, or otherwise relating to Released Parties. Plaintiffs’ Released Claims include, but are not limited to, claims arising from or dependent on the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; California Business and Professions Code section 17200, et seq.; the Fair Labor Standards Act, 29 U.S.C. section 201, et seq. and the Portal to Portal Act, 29 U.S.C. section 251, et seq. Plaintiffs agree that there is a risk that each and every injury that they may have suffered by reason of the Released Parties’ relationship with them might not now be known, and there is further risk that said injuries, whether known or unknown at the date of this Agreement, might possibly become progressively worse, and that as a result thereof further damages may be sustained by them. Nevertheless, Plaintiffs desire to forever and fully release and discharge the Released Parties, and understands that by the execution of this Agreement no further claims for any such injuries that existed at the time of the execution of this Agreement may ever be asserted by Plaintiffs. Plaintiffs expressly waive and relinquish all rights and benefits afforded by section 1542 of the Civil Code of the State of California and does so understanding and acknowledging the significance of such specific waiver of section 1542. Section 1542 of the Civil Code of the State of California states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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 RELEA...
