Release of Claims for Injunctive Relief. 11.1. Subject to the District Court’s retention of jurisdiction, Named Plaintiffs and the Class, in consideration of the relief set forth herein, the sufficiency of which is expressly acknowledged, do fully and finally release, acquit, and discharge Defendant from the Released Injunctive Claims as defined below.
Release of Claims for Injunctive Relief. 26.1.1 Effective on the date of Final Approval, Named Plaintiffs and all Settlement Class Members and each of their executors, successors, heirs, assigns, administrators, agents and representatives (collectively, the “Injunctive Releasing Parties”), in consideration of the relief set forth herein, the sufficiency of which is expressly acknowledged, unconditionally and forever do fully and finally release, acquit, and discharge Kmart and its present and former parents and subsidiaries and each of their respective present, former or future officers, directors, employees, shareholders, administrators, executors, affiliates, successors and assigns (collectively, the “Kmart Parties”) from the Released Injunctive Claims as defined below.
Release of Claims for Injunctive Relief. Effective on the date of Final Approval of this Agreement, Named Plaintiff, individually and on behalf of all members of the Settlement Class, and CREEC and CCDC (on behalf of themselves but not their members), and their executors, successors, heirs, assigns, agents and representatives, in consideration of the relief set forth herein, the sufficiency of which is expressly acknowledged, unconditionally and forever do fully and finally release, acquit and discharge the City and its present, former or future directors, officers, shareholders, owners, managers, supervisors, employees, attorneys, insurers, agents, representatives, and contractors retained by the City to perform the work described herein, and the respective successors, heirs, employees, attorneys, owners, insurers and assigns of the above from any and all actions, causes of action, claims, charges, demands, losses, judgments, liens, indebtedness and liabilities arising out of the subject matter of the Lawsuit for injunctive relief, declaratory relief, and any attendant costs and attorneys’ fees (except those provided in Sections VI and VIII(B)(3) above), whether known or unknown, suspected or unsuspected, pursuant to the ADA or Rehabilitation Act, asserted or unasserted, in the Lawsuit. As explained in the first paragraph of the Recitals above, this Settlement Agreement, and the releases contained herein, only cover curb ramps on street segments with sidewalks, and do not apply to (1) components of the City’s sidewalk system other than curb ramps, (2) street segments that do not contain sidewalks but do contain bus stops, and (3) curb ramps adjacent to roads that comprise the State Highway System as defined in Colo. Rev. Stat. § 43-2-101 and -102. Neither Named Plaintiff nor the Settlement Class release any claims relating to (1) components of the City’s sidewalk system other than curb ramps, (2) street segments that do not contain sidewalks but do contain bus stops, and (3) curb ramps adjacent to roads that comprise the State Highway System as defined in Colo. Rev. Stat. § 43-2-101 and - 102. Furthermore, the Settlement Class does not release any claims for damages.
