Common use of Plaintiff’s Release Clause in Contracts

Plaintiff’s 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, occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), that occurred during the Class Period including, but not limited to: (a) all claims that were, or reasonably could have been, alleged based on the facts stated in the Operative Complaint, or in the prior iterations thereof, including, without limitation, any and all claims involving any alleged failure to pay minimum wage, overtime compensation, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, or prior iterations thereof, the PAGA Notice, or (c) ascertained during the Action and released under 6.2, below (“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 agree that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs may discover facts or law different from, or in addition to, the facts or law that Plaintiffs now know or believe to be true but agree, nonetheless, that Plaintiffs’ Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ discovery of them.

Plaintiff’s Release. Plaintiffs Plaintiff and their his or her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), or occurrences that occurred during the Class Period Period, including, but not limited to: : (a) all claims that were, or reasonably could have been, alleged alleged, based on the facts stated allegations contained in the Operative Complaint, First Amended Complaint or ascertained in the prior iterations thereofcourse of the Action, including, without limitation, any and (b) all claims involving that could be otherwise based on any alleged failure facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions or failures to pay minimum wageact pled in the Complaint, overtime compensationthe First Amended Complaint and/or Plaintiff’s PAGA Notices, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; (bc) all PAGA claims that were, or reasonably could have been, alleged alleged, based on facts allegations contained in the Operative Complaint, or prior iterations thereofFirst Amended Complaint, the Plaintiff’s PAGA NoticeNotices, or (c) ascertained during the Action and released under 6.2, below (“Plaintiffs’ Release”)below. Plaintiffs’ Except as set forth in this Section, Plaintiff’s 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 agree Plaintiff acknowledges that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiffs Plaintiff now know knows or believe believes to be true but agreeagrees, nonetheless, that Plaintiffs’ Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ law or Plaintiff’s discovery of them. Plaintiff and his or her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns voluntarily and with the advice of counsel, waive all claims, rights, demands, liabilities, statutory causes of action, and theories of liability of every nature and description under the California Labor Code Private Attorneys General Act of 2004, Labor Code Sections 2698, et seq., whether known or unknown, that were alleged in the Complaint, First Amended Complaint, or PAGA Notices or could have been alleged based on any facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions, or failure to act pled in the Complaint, First Amended Complaint, or PAGA Notices against Defendant or any of the Released Parties. Plaintiff and his or her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns voluntarily and with advice of counsel, waives and releases any and all claims, obligations, demands, actions, rights, causes of action, and liabilities against any of the Released Parties of whatever kind and nature, character, and description, whether in law or equity, whether sounding in tort, contract, federal, state and/or local law, statute, ordinance, regulation, constitution, common law, or other source of law or contract, whether known or unknown, and whether anticipated or unanticipated, arising from or relating to any and all acts, events and omissions occurring prior to the date of preliminary approval of this Agreement, that were alleged in the Complaint, First Amended Complaint, or PAGA Notices or could have been alleged based on any facts, transactions, events, policies, occurrences, acts, disclosures, statements, omissions, or failure to act pled in the Complaint, First Amended Complaint, or PAGA Notices against Defendant or any of the Released Parties. Plaintiff expressly acknowledges that this Settlement is intended to include in its effect, without limitation, all Released Claims which Plaintiff does not know or suspect to exist in his favor at the time of execution hereof, and that the Settlement contemplates the extinguishment of all such Released Claims.

Plaintiff’s Release. Plaintiffs Plaintiff and their his respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), or occurrences that occurred during the Class Period Period, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged alleged, based on the facts stated contained, in the Operative Complaint, or in the prior iterations thereof, including, without limitation, any Complaint and all claims involving any alleged failure to pay minimum wage, overtime compensation, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, or prior iterations thereof, the Plaintiff’s PAGA Notice, or (c) ascertained during the Action and released under 6.2, below Notice (“Plaintiffs’ Plaintiff’s Release.”). Plaintiffs’ ) Plaintiff’s 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 agree Plaintiff acknowledges that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiffs Plaintiff now know knows or believe believes to be true but agreeagrees, nonetheless, that Plaintiffs’ Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ Plaintiff’s discovery of them. Notwithstanding the foregoing, the waiver and release in this Agreement does not apply to: (i) those rights as a matter of law that cannot be waived, including, but not limited to, workers’ compensation claims; (ii) rights or claims arising out of this Agreement after this Agreement is executed by Plaintiff; and (iii) rights or claims arising of this Agreement. The Agreement in no way affects Plaintiff’s entitlement and/or benefits to be received by Plaintiff in workers’ compensation pursuant to the jurisdiction of workers’ compensation. Plaintiff also agrees to not request an exclusion from this settlement. Any Incentive Award approved by the Court will result in the issuance of a Form 1099 to the class representative, who shall assume full responsibility and liability for the payment of taxes due on such award.

Plaintiff’s Release. Plaintiffs and their respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties Parties, in exchange for consideration provided in this Agreement, from any and all causes of action, claims, rights, damages, punitive or statutory damages, penalties, interest, attorneys’ fees, costs, liabilities, expenses, and losses arising from or related to all facts, transactions, occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), that occurrences which occurred during the Class Period Period, including, but not limited to: : (a) all claims that were, or reasonably could have been, alleged based on the facts stated alleged in the Operative Complaint, or Complaint and facts alleged in the prior iterations thereof, including, without limitation, any and all claims involving any alleged failure to pay minimum wage, overtime compensation, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, Plaintiffs’ PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; Notices; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in ascertained during the Operative ComplaintAction, or prior iterations thereof, the PAGA Notice, or and (c) ascertained during the Action and all claims released under 6.2, pursuant to Paragraph 5.4 below (“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 to claims or actions based on occurrences outside the Class Period. Plaintiffs agree Each Plaintiff acknowledges that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force he or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs she may discover facts or law different from, or in addition to, the facts or law that Plaintiffs he or she now know knows or believe believes to be true but agreeagrees, nonetheless, that Plaintiffs’ Release shall be and remain effective in all respects, notwithstanding such different or additional facts facts, or Plaintiffs’ his or her discovery of themthose facts. This general release does not cover any claims alleged in Price v. EDS Service Solutions, Case No. 21STCV40438 currently pending in the Los Angeles Superior Court (“Price”). It is the intent of the Parties that each Named Plaintiff can participate as Class Members in the Price Class settlement to the extent Price is finally resolved. Named Plaintiffs agree not to opt out from nor object to the Price Class settlement to the extent they qualify as participating Class Members. This general release exception does not entitle Named Plaintiffs to bring their own and separate action for the same or similar claims as alleged in Price against Defendant.

Plaintiff’s Release. Plaintiffs Plaintiff and their her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, legatees, executors, guardians, successors, and assigns generally, forever and completely release and discharge Released Parties from all complaints, claims, causes of action, charges, liabilities, obligations, agreements, controversies, transactions, occurrences, liabilitiesdamages, costs suits, rights, demands, costs, losses, debts, and expenses (inclusive of including back wages, statutory penalties, civil penalties, liquidated damages, exemplary damages, interest, attorneys’ fees), that occurred during and costs) of any nature whatsoever, from the Class Period beginning of time through the execution of this Stipulation, whether known or unknown, suspected or unsuspected, including, but not limited to: (a) to all claims that were, or reasonably could have been, alleged alleged, based on the facts stated contained, in the Operative Complaint, Complaint or in the prior iterations thereof, including, without limitation, any and all claims involving any alleged failure to pay minimum wage, overtime compensation, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, or prior iterations thereof, the PAGA Notice, or (c) ascertained during the Action and released under 6.2Paragraph 5.2, below below. As well as any other claims that could have been asserted by Plaintiff in connection with her employment with KPG or termination thereof through the date of execution of this Agreement (“Plaintiffs’ Plaintiff’s Release.”). Plaintiffs’ Release does ) Without limiting the generality of the foregoing, Plaintiff expressly releases all claims or rights, both in her individual capacity and in her capacity as a future representative in a class action or collective action, against Released Parties arising out of or relating to alleged violations of any contracts, express or implied (including but not extend limited to any tort, including but not limited to, negligence, fraud, misrepresentation and violation of California Labor Code section 970, negligent infliction of emotional distress, intentional infliction of emotional distress, defamation, “retaliation” claims or actions to enforce this Agreement, or to any and claims for vested violation of public policy, any claim for improper or unauthorized wage deductions, failure to pay the applicable wage, unpaid wages, unpaid vacation benefits, unemployment benefitspenalties, disability benefitsliquidated damages, social security benefitsother damages, workersovertime, and alleged “off the clock” work under federal and state law, including, but not limited to, California Labor Code Sections 204 and 558, waiting time penalties pursuant to California Labor Section 203, damages or penalties pursuant to California Labor Code Section 226, meal period and rest break payments and penalties pursuant to California Labor Code Sections 226.7 and 512, failure to provide itemized wage statements pursuant to California Labor Code Section 226, statutory or civil penalties pursuant to California Labor Code Sections 210, failure to indemnify for business expenses pursuant to Labor Code section 2802, unfair competition and unfair business practices pursuant to Business and Professions Code Section 17200 et seq., interest and costs pursuant to California Civil Code Section 3287 and California Labor Code Section 218.6, statutory or common law rights to attorneys’ compensation benefits that arose at fees and costs, including those pursuant to California Labor Code Section 1194 et seq.; claims under the Private Attorneys General Act of 2004, Labor Code section 2699 et seq., and the alleged violation or breach of any timeother state or federal statute, rule and or based on occurrences outside the Class Period. Plaintiffs agree that by signing this Agreement they become bound by the terms herein stated regulation; including all applicable Industrial Welfare Commission Wage Orders, and further agree all similar causes of action, including but not to request to be excluded from the Participating Class Members and agree not to object to limited to, any claim for restitution, equitable relief, interest, penalties, costs or attorneys’ fees in connection with any of the terms foregoing, negligent infliction of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void emotional distress, intentional infliction of emotional distress, and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs may discover facts or law different from, or in addition to, the facts or law that Plaintiffs now know or believe to be true but agree, nonetheless, that Plaintiffs’ Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ discovery of them.defamation; any “wrongful

Plaintiff’s Release. Plaintiffs Plaintiff and their his respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), that occurred during the Class Period including, but not limited to: (a) all claims that werewere alleged, or reasonably could have beenbeen alleged, alleged during the Class Period based on the facts stated in the Operative Complaint, or in the prior iterations thereofComplaint and PAGA Notice, including, without limitation, any (1) Failure to Provide Meal Breaks Pursuant to Labor Code §§ 226.7 and all claims involving any alleged failure 512; (2) Failure to pay minimum wage, overtime compensation, and for all hours worked, failure Provide Rest Breaks Pursuant to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Labor Code § 17200 226.7; (3) Failure to Reimburse Expenses Pursuant to Labor Code § 2802; (4) Waiting Time Penalties Pursuant to Labor Code § 203; (5) Violation of Business & Professions Code § 17200; (6) Penalties Pursuant to Labor Code §2699, et seq.; (b) all PAGA claims that were, or reasonably could have been, alleged . as against Defendant based on the facts contained alleged in the Operative Complaint, or prior iterations thereof, the PAGA Notice, or (c) ascertained Action during the Action and released under 6.2, below (“Plaintiffs’ Release”)Class Period. Plaintiffs’ Plaintiff’s 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 agree Plaintiff acknowledges that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs Plaintiff may discover claims or facts or law different from, or in addition to, the facts those which Plaintiff now knows or law that Plaintiffs now know or believe believes to be true or exist but agreePlaintiff expressly agrees, nonetheless, to fully, finally and forever settle and release any and all claims against the Released Parties, known or unknown, suspected or unsuspected, which exist or may exist on behalf of or against the other at the time of execution of this Agreement, including, but not limited to, any and all claims relating to or arising from Plaintiff’s employment with Defendant. The Parties further acknowledge, understand and agree that Plaintiffs’ Release shall be this representation and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ discovery of them.commitment is essential to the Agreement and that this Agreement would not have been entered into were it not for this representation and commitment

Plaintiff’s Release. Plaintiffs ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, on behalf of themselves and their respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successorssuccessors and assigns, and assigns generally, hereby generally release and discharge Released Parties from all known and unknown claims, transactions, or occurrences, liabilities, costs and expenses (inclusive of attorneys’ fees), that occurred during the Class Period including, but not limited to: (a) all claims that were, or reasonably could have been, alleged alleged, based on the facts stated contained, in the Operative Complaint, or in the prior iterations thereof, including, without limitation, any and all claims involving any alleged failure to pay minimum wage, overtime compensation, and for all hours worked, failure to pay wages twice in a calendar month, failure to furnish accurate itemized wage statements, failure to pay all wages at termination or separation from employment, claims of unlawful rounding of hours worked, claims for off-the-clock work, wage statement penalties, waiting time penalties, PAGA penalties, failure to reimburse business expenses, and the California Unfair Competition Law, Cal. Bus. & Prof Code § 17200 et seq.; (b) all PAGA claims that were, or reasonably could have been, alleged based on the facts contained in the Operative Complaint, or prior iterations thereof, the Plaintiffs’ PAGA Notice, or (c) ascertained during the Action and released Released under 6.2, below below; and a general release of all known and unknown claims that each has or could have against JBT and the Released Parties that occurred or arose at any time prior to or during the Class Period, including but not limited to any claims for wrongful termination, breach of contract, tort, fraud, defamation, emotional distress or any other common law claims, and any claims based on any federal, state or local statute, law, regulation or ordinance relating to employment, including but not limited to the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code and any applicable Wage Order, and the California Business and Professions Code (“Plaintiffs’ Release”), except that, solely with respect to Plaintiff ▇▇▇▇▇ ▇▇▇▇▇▇▇, specifically excluded from the general release and Section 1542 waiver is the claims currently pending in his individual lawsuit filed against JBT in the Los Angeles County Superior Court, Torrance Branch, Case No. 21TRCV00791 (the “Individual Action”) and Plaintiff ▇▇▇▇▇▇▇ shall be permitted to pursue the claims currently alleged in the Individual Action. 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, or workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiffs agree that by signing this Agreement they become bound by the terms herein stated and further agree not to request to be excluded from the Participating Class Members and agree not to object to any of the terms of this Agreement. Non-compliance by the Plaintiffs with this paragraph shall be void and of no force or effect. Any request by Plaintiffs for exclusion or objection shall therefore be void and of no force or effect. Plaintiffs acknowledge that Plaintiffs may discover facts or law different from, or in addition to, the facts or law that Plaintiffs now know or believe to be true but agree, nonetheless, that Plaintiffs’ Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiffs’ discovery of them.