Plaintiffs’ Released Claims a. In exchange for the consideration set forth in this Settlement Agreement, and in addition to the Released Claims, upon the Final Approval Order of the Court, Plaintiffs Xxxxxxxx and Xxxxx agree to release and discharge Defendants and all other Released Parties finally, forever and with prejudice, from any and all causes of action, claims, rights, damages of any nature, penalties, liabilities, expenses, losses, and issues of any kind or nature whatsoever, whether known or unknown, that Plaintiffs have or may have against the Released Parties that arose prior to the date on which each of them executed this Agreement, including without limitation any claims arising under the Fair Labor Standards Act and any claims that were or could have been asserted in the Complaint for alleged unpaid wages, overtime compensation, liquidated or other damages, retaliation, compensatory damages, unpaid costs, restitution or other compensation or relief arising under applicable wage and hour laws, as well as any claims, whether in law or equity, known or unknown, against Released Parties relating to Plaintiffs’ employment (or alleged employment or joint employment) or termination of employment, including but not limited to claims arising under the Americans with Disabilities Act, National Labor Relations Act, Equal Pay Act, Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act and its state counterparts, Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Civil Rights Act of 1866, 1871, and 1991, including Section 1891 of the Civil Rights Act, the Family and Medical Leave Act, Coronavirus Aid, Relief, and Economic Security Act, Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Illinois Equal Wage Act, Illinois Wages for Women and Minors Act, the Illinois Occupational Safety and Health Act, the Illinois Worker Adjustment and Retraining Notification Act, the Illinois One Day Rest in Seven Act, Illinois Religious Freedom Restoration Act, Illinois Equal Pay Act, Illinois Whistleblower Act, Illinois Family Military Leave Act, Illinois Nursing Mothers in the Workplace Act, Illinois WARN Act, the Illinois Right to Privacy in the Workplace Act, Illinois Union Employee Health and Benefits Protection Act, Illinois Employment Contract Act, Illinois Labor Dispute Act, and Illinois Victims’ Economic Security and Safety Act, Xxxx County Minimum Wage Ordinance of the Municipal Code of Xxxx Coun...
Plaintiffs’ Released Claims. “Plaintiffs’ Released Claims” are any and all Claims of any nature whatsoever, whether individual, representative, or derivative, known or unknown, accrued or unaccrued, by or on behalf of the Plan, the Plaintiffs and the Settlement Class, including respective heirs, beneficiaries, executors, administrators, Successors-In-Interest and assigns that: (a) were brought or could have been brought in the Action and arise out of the same or substantially similar facts, circumstances, situations, transactions or occurrences as those alleged in the Action during the Class Period; (b) were brought or could have been brought under ERISA based on or relating to the investment of Plan assets in the Xxxxxx Xxx Stock Fund by or through the Plan during the Class Period; and/or (c) are related to the prosecution, defense or settlement of the Action. Notwithstanding any other provision of this Settlement Agreement, Plaintiffs and members of the Settlement Class shall not be deemed to have barred, waived, or released any Claim by any individual Plan participant concerning his or her eligibility for benefits under the Plan or to contest the correct amount of such benefit except to the extent that such claim may relate to the Claims asserted in the Amended Complaint.
Plaintiffs’ Released Claims. Plaintiff and his former and present spouses, if any, representatives, agents, attorneys, heirs, administrators, successors, and assigns 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 and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, or Plaintiff’s PAGA Notice. (“Plaintiff’s Released Claims.”) 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. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, nonetheless, that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.
Plaintiffs’ Released Claims. Plaintiff and her former and present spouses, if any, representatives, agents, attorneys, heirs, administrators, executors, trustees, successors, and assigns fully and irrevocably release and discharge Released Parties from any and all actions, claims, complaints, costs, damages, demands, expenses, and liabilities of any nature and under legal theory of liability whatsoever, arising from the beginning of time through the present date, , including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Operative Complaints and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaints, or Plaintiff’s PAGA Notice. (“Plaintiff’s Released Claims.”) This claim is to be construed as broadly as possible in favor of the Released Parties. Provided, however, that 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. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, nonetheless, that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.
Plaintiffs’ Released Claims. In exchange for the payments and benefits described herein, Plaintiffs release and discharge Comcast and its current, former, and future corporate affiliates and related entities including, without limitation, parents, subsidiaries, predecessors, successors, divisions, joint ventures and assigns, and each of these entities’ past or present directors, officers, employees, partners, members, principals, agents, insurers, co-insurers, re-insurers, benefit plans, plan administrators, shareholders, attorneys, and personal or legal representatives (“Released Parties”) from all claims, demands, causes of action, fees and liabilities of any kind whatsoever, whether known or unknown, whether contingent or non-contingent, specifically asserted or not, which the Plaintiffs ever had, now have, or may have against any of the Released Parties by reason of any act, omission, transaction, practice, plan, policy, procedure, conduct, occurrence, or other matter, up to and including the date the Court approves this Agreement, related to the payment of wages, commissions, shift differentials, bonuses, and/or other compensation that were or could have been asserted in the Litigation, including those claims that could arise under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. , the Illinois Minimum Wage Law (IMWL), 820 ILCS 105/1, et seq., the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1, et seq., or any other state or local wage/hour and wage payment statute/ordinance for any type of relief, including without limitation, minimum wages, overtime or other wages; unpaid wages or other compensation, costs; wage deductions; premium pay; liquidated damages, penalties; punitive damages; interest; attorneys’ fees and; litigation costs; restitution; and equitable relief. In waiving and releasing the claims set forth in this Agreement, whether or not now known to Plaintiffs, Plaintiffs understand that this means that, if Plaintiffs later discover facts different from or in addition to those facts currently known or believed to be true by Plaintiffs, the waivers and releases of this Agreement will remain effective in all respects – despite such different or additional facts and even if Plaintiffs would not have agreed to release the claims if Plaintiffs had prior knowledge of such facts.
