Common use of Plaintiff’s Release Clause in Contracts

Plaintiff’s Release. On the Effective Day of this Agreement, and in consideration of the Settlement Amount and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Plaintiff and Class Counsel, Plaintiff, for herself, her successors, heirs, executors, representatives, administrators, bankruptcy trustees, guardians, wards, agents and assigns, and all those who claim through them or who assert claims on their behalf, hereby remise, release, waive, acquit, satisfy, and forever discharges Umpqua, and Umpqua’s past, present, and future officers, directors, heirs, agents, employees, legal representatives, assigns, successors, affiliates, shareholders, beneficiaries, predecessors, insurers, administrators, and successors in interest, Umpqua’s parent, holding, subsidiary, affiliates, and related entities, any business entity or division owning or controlling Umpqua in whole or in part, and any business entity or division owned or controlled in whole or in part by Umpqua (hereinafter collectively referred to as the “Released Parties”), all past, present, and future claims, actions, demands, causes of action, suits, debts, obligations, damages, rights or liabilities, of any nature and description whatsoever, known or unknown, existing or potential, recognized now or hereafter, expected or unexpected, pursuant to any theory of recovery (including, but not limited to, those based in contract or tort, common law or equity federal, state, or local law, statute, ordinance, or regulation, and for claims for compensatory, consequential, punitive or exemplary damages, statutory damages, penalties, interest, attorney’s fees, costs, or disbursements against the Released Parties (collectively “Plaintiff’s Released Claims”), which the Plaintiff ever had, now has, or which any personal representative, successor, heir, or assign of the Plaintiff hereafter can, shall or may have against the Released Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the Effective Date of this Agreement, relating to or arising out of in any way the relationship with, or prospective relationship with, or contact otherwise with Umpqua. The Released Claims include any type of relief that can be released as a matter of law, including, without limitation, claims for wages, damages, unpaid costs, penalties (including civil and waiting time penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief.

Plaintiff’s Release. On the Effective Day of this Agreement, and in For valuable consideration of the Settlement Amount and for other good and valuable considerationLien Release pursuant to Paragraph 1.C, the receipt and sufficiency of which are hereby acknowledged by expressly acknowledged, the Plaintiff for himself and Class Counsel, Plaintiff, for herself, her successors, each of his present and former heirs, executors, administrators, partners, co-obligors, co-guarantors, guarantors, sureties, family members, spouses, attorneys, insurers, agents, representatives, administratorspredecessors, bankruptcy trusteessuccessors, guardians, wards, agents and assigns, assigns and all those who claim through them or who assert claims could claim through them (collectively "Releasors") unconditionally and irrevocably remise, waive, satisfy, release, acquit, and forever discharge Defendants and Trustee and each of their present, former and future parents, predecessors, successors, assigns, assignees, affiliates, subsidiaries, divisions, departments, subdivisions, owners, partners, principals, trustees, creditors, shareholders, joint ventures, co- venturers, officers and directors (whether acting in such capacity or individually), attorneys, vendors, accountants, nominees, agents (alleged, apparent or actual), representatives, employees, managers, administrators, and/or each person or entity acting or purporting to act for them or on their behalf, hereby remiseas well as any past, release, waive, acquit, satisfypresent or future person or any entity that held or holds any interest in the Loan), and forever discharges Umpquathe underlying Note, deed of trust and/or Mortgage, including but not limited to Bank of America Corporation and all of its subsidiaries and affiliates [collectively the "Releasees"], and Umpqua’s pasteach of them respectively, presentfrom and against any and all past and present claims, and future officers, directors, heirs, agents, employees, legal representatives, assigns, successors, affiliates, shareholders, beneficiaries, predecessors, insurers, administrators, and successors in interest, Umpqua’s parent, holding, subsidiary, affiliates, and related entities, any business entity or division owning or controlling Umpqua in whole or in part, and any business entity or division owned or controlled in whole or in part by Umpqua (hereinafter collectively referred to as the “Released Parties”), all past, present, and future claimscounterclaims, actions, demandsdefenses, affirmative defenses, suits, rights, causes of action, suitslawsuits, debtsset-offs, obligationscosts, damageslosses, rights controversies, agreements, promises and demands, or liabilities, of any nature and description whatsoeverwhatever kind or character, direct or indirect, whether known or unknownunknown or capable of being known, whether existing or potential, recognized now or hereafterto come into existence in the future, expected arising at law or unexpectedin equity, pursuant to any theory by right of recovery (action or otherwise, including, but not limited to, those based in contract or tortsuits, common law or equity federaldebts, stateaccounts, bills, damages, judgments, executions, warranties, attorneys' fees, costs of litigation, expenses, claims and demands whatsoever that the Releasors, or local lawtheir attorneys, statuteagents, ordinancerepresentatives, or regulationpredecessors, successors and for claims for compensatoryassigns, consequential, punitive or exemplary damages, statutory damages, penalties, interest, attorney’s fees, costs, or disbursements against the Released Parties (collectively “Plaintiff’s Released Claims”), which the Plaintiff ever had, now has, or which any personal representative, successor, heir, or assign of the Plaintiff hereafter can, shall have or may have against the Released PartiesReleasees, for, upon, or by reason of any matter, causecause or thing, or thing whatsoever, from the beginning of the world to the Effective Date of this Agreement, relating to in law or arising out of in any way the relationship with, or prospective relationship with, or contact otherwise with Umpqua. The Released Claims include any type of relief that can be released as a matter of lawequity, including, without limitation, the claims for wagesmade or which could have been made by the Plaintiff arising from the origination or servicing of the Loan (in any manner) as well as in any way related to the underlying Property, damagesNote, unpaid costsMortgage, penalties and/or deed(s) of trust, any servicing act or omission thereon as well as any claim or issue which was or could have been brought in the Litigation (including civil and waiting time penaltiescollectively “Released Matters”), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief.

Plaintiff’s Release. On Upon the Effective Day of this AgreementDate, and in consideration to the fullest extent permitted by law, each of the Settlement Amount ▇▇▇▇▇▇▇, Gorton, Herron, ▇▇▇▇▇▇/▇▇▇▇▇▇, and Bourke, for other good themselves individually and valuable considerationon behalf of their respective predecessors, successors, assigns, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, co-trustees, and beneficiaries (collectively hereinafter, the receipt and sufficiency of which are “Plaintiff Releasing Parties”), do hereby acknowledged by Plaintiff and Class Counselrelease, Plaintiff, for herself, her successors, heirs, executors, representatives, administrators, bankruptcy trustees, guardians, wards, agents and assigns, and all those who claim through them or who assert claims on their behalf, hereby remise, release, waive, acquit, satisfyexonerate, and forever discharges Umpquadischarge ACT, and Umpqua’s its past, presentcurrent, and future predecessors, successors, parents, holding companies, subsidiaries, affiliates, divisions, officers, directors, heirsemployees, attorneys, owners, agents, employees, legal representatives, assignsand assigns (collectively hereinafter, successors, affiliates, shareholders, beneficiaries, predecessors, insurers, administrators, and successors in interest, Umpqua’s parent, holding, subsidiary, affiliates, and related entities, any business entity or division owning or controlling Umpqua in whole or in part, and any business entity or division owned or controlled in whole or in part by Umpqua (hereinafter collectively referred to as the “ACT Released Parties”), ) of and from any and all past, present, and future claims, actionsdebts, demands, rights and causes of action, liabilities, suits, debtsdues, obligationsduties, sums of money, accounts, reckonings, covenants, contracts, agreements, promises, damages, rights or interest, attorneys’ fees, judgments, executions, liabilities, and obligations of any every and all kind, name, and nature and description whatsoever, whether in contract, tort, or equity, by statute, or otherwise, under local, state, federal, or foreign law, whether known or unknown, existing suspected or potentialunsuspected, recognized now accrued or hereafterunaccrued, expected contingent or unexpected, pursuant to any theory of recovery (including, but not limited to, those based in contract or tort, common law or equity federal, state, or local law, statute, ordinance, or regulation, and for claims for compensatory, consequential, punitive or exemplary damages, statutory damages, penalties, interest, attorney’s fees, costs, or disbursements against the Released Parties (collectively “Plaintiff’s Released Claims”)fixed, which the Plaintiff Releasing Parties ever had, now hashave, or which any personal representative, successor, heir, or assign of the Plaintiff hereafter can, shall or may have against the Released Partiesclaim to later have, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world up to and including 11:59:59 p.m. on the Effective Date of this Agreement, including but not limited to all claims and allegations that were, have been, or could have been asserted by ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇ in the Consolidated Actions, including all claims and allegations related to the ▇▇▇▇▇▇▇▇ Warrant, the Colby Warrant, the Andwell/▇▇▇▇▇▇▇ Warrants, and the Section 3(a)(10) Transactions, but excluding all claims and rights relating to enforcement of ACT’s obligations under this Agreement (collectively, the “ Plaintiff Claims”). Plaintiff Releasing Parties acknowledge that they may later discover facts different from or arising out of in any way addition to those now known or believed by them to be true with respect to the relationship with, or prospective relationship with, or contact otherwise with UmpquaPlaintiff Claims. The Released Claims include any type Plaintiff Releasing Parties expressly agree to assume the risk of relief the possible discovery of additional or different facts, and agree that can this Agreement shall be released as a matter and remain effective in all respects regardless of law, including, without limitation, claims for wages, damages, unpaid costs, penalties (including civil and waiting time penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, the later discovery of additional or equitable reliefdifferent facts.

Plaintiff’s Release. On the Effective Day of this Agreement, and in In consideration of the Settlement Amount payment of the sum stated herein, PLAINTIFF does hereby irrevocably and for other good unconditionally release, acquit and valuable considerationforever discharge Sergeant ▇▇▇▇ ▇▇▇▇▇▇▇, the receipt and sufficiency of which are hereby acknowledged by Plaintiff and Class CounselDetective ▇▇▇▇▇ ▇▇▇▇▇▇▇ (f/k/a ▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇), PlaintiffDetective ▇▇▇▇▇▇ ▇▇▇▇▇, for herself, her successors, heirs, executors, representatives, administrators, bankruptcy trustees, guardians, wards, agents and assignsOfficer ▇▇▇▇ ▇▇▇▇, and all those who claim through them or who assert claims on their behalfthe City of Naperville, hereby remise, release, waive, acquit, satisfy, and forever discharges Umpqua, and Umpqua’s as well as its past, present, and future employees, agents, affiliates, parents, subsidiaries, divisions, servants, representatives, affiliates, predecessors, successors in interest, assigns, insurers, stockholders, officers, directors, heirsunderwriters, agentsattorneys or any one of them, employees, legal representatives, assigns, successors, affiliates, shareholders, beneficiaries, predecessors, insurers, administratorsseparately or jointly, and successors in interesteach member of the Naperville City Council, Umpqua’s parent, holding, subsidiary, affiliates, and related entities, any business entity or division owning or controlling Umpqua in whole or in part, and any business entity or division owned or controlled in whole or in part by Umpqua (hereinafter collectively referred to as called the “Released Parties”), from any and all past, present, and or future charges, claims, complaints, demands, obligations, actions, demandspromises, causes of actionagreements, controversies, suits, losses, debts, obligationsclaims for loss of services, comfort and society, personal injury, rights, damages, rights or liabilitiescosts, expenses (including attorneys’ fees and costs actually incurred), benefits, lost wages and compensations of any nature and description nature, or causes of action whatsoever, known or unknown, existing or potential, recognized now or hereafter, expected or unexpected, pursuant to including without limitation, rights arising out of alleged violations of any theory of recovery (includingstate or federal law, but not limited towhich arise from the Occurrence as plead in the Complaint, those including all economic and non-economic damages, whether based in contract or tortconstitutional law, common law or equity federal, state, or local tort law, statute, ordinance, contract or regulation, and for claims for compensatory, consequential, punitive or exemplary damages, statutory damages, penalties, interest, attorney’s fees, costs, or disbursements against the Released Parties (collectively “Plaintiff’s Released Claims”)other theory of recovery, which the Plaintiff ever had, PLAINTIFF now has, or which any personal representativemay hereafter accrue or otherwise be acquired, successor, heiron account of, or assign of the Plaintiff hereafter can, shall or may have against the Released Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the Effective Date of this Agreement, relating to or arising out of in any way the relationship withgrowing out of, or prospective relationship withwhich are the subject of, or contact otherwise with Umpqua. The Released Claims include any type of relief that can be released as a matter of lawthe Occurrence, including, without limitation, any and all known or unknown claims for wagesbodily, damages, unpaid costs, penalties (including civil emotional and waiting time penalties), liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitutionpersonal injuries to PLAINTIFF, or equitable reliefany future claim of PLAINTIFF’s legal representatives, which have resulted or may result from the alleged acts or omissions of the Released Parties related to the Occurrence. This Release is entered into in settlement of Plaintiff’s Suit based upon PLAINTIFF’S claims for damages allegedly caused by the Released Parties and is negotiated as a full and final release. This Release on the part of PLAINTIFF shall be a fully binding and complete settlement between PLAINTIFF and DEFENDANTS, and their respective assigns and successors. PLAINTIFF understands that this Release includes all claims that PLAINTIFF, PLAINTIFF’S heirs, legal representatives and assigns, may have either individually or in a representative capacity against the Released Parties arising out of the Occurrence.