Release of Defendants. Upon the Effective Date, Plaintiffs, on behalf of themselves and in their representative capacity on behalf of the Settlement Class, and each member of the Settlement Class who does not timely elect to be excluded from the Settlement in compliance with the “opt-out” provisions of § IX of this Agreement, together with their respective spouses, heirs, executors, administrators, representatives, agents, attorneys, subrogees, partners, assigns, successors and predecessors in interest, all of those acting or purporting to act on their behalf and all of those who could claim through them with respect to the subject matter of this Release (the “Releasing Parties”) shall conclusively be deemed to have fully, finally and forever released, relieved, remised, relinquished and discharged Defendants, together with each of their past, present and future representatives, officers, directors, agents, servants, employees, attorneys, assigns, successors and predecessors in interest, parents, subsidiaries, divisions, affiliates, shareholders, insurers, vendors and contractors and each of the heirs, executives, administrators, successors and assigns of each releasee described above (the “Released Parties”), of and from all causes of action, suits, legal or arbitral proceedings, claims or counterclaims, liabilities, controversies, demands or damages, in law or in equity, concerning, related to or arising from any Released Party’s conduct, policies, practices, actions or failures to act concerning, relating to, or arising from or described in the Conditional Third Amended Complaint, including but not limited to the design, manufacture, assembly, distribution, labeling, advertising, marketing, or sale of the Solar Panels or the handling of any claim, warranty, repair, replacement, or demand relating to any Solar Panel that the Releasing Parties ever had, now have, would or could have had, or may in the future have against the Released Parties, whether known or unknown, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world up to and including the Effective Date of this Agreement (the “Released Claims”). Upon the Effective Date, the Releasing Parties covenant and agree that they shall not hereafter commence any lawsuit or proceeding that seeks to establish liability against any Released Party or any other person based, in whole or in part, on any of the Released Claims. Notwithstanding the foregoing, claims for personal injury and wrong...
Release of Defendants. Upon the Escrow Agent’s complete distribution of the Payment to Plaintiffs pursuant to the terms of the Escrow Agreement, Plaintiffs, on their own behalf and on behalf of their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Plaintiff Releasors”), do hereby fully release, remise and forever discharge Defendants and their current and former officers, managers, directors, shareholders, employees, divisions, parents, subsidiaries, affiliates, heirs, assigns, beneficiaries, successors, agents, attorneys, and representatives (collectively, the “Defendant Releasees”), of and from the claims alleged and claims that were or which could have been alleged by Plaintiffs in the Actions (such claims are collectively referred to in this paragraph only as the “Released Claims”). The Plaintiff Releasors agree that this instrument may be treated as a complete defense to any action or proceeding that may be brought, instituted or taken by the Plaintiff Releasors or their subrogees against any of the Defendant Releasees on the Released Claims and shall forever be a complete bar to the commencement or prosecution of any action or proceeding by the Plaintiff Releasors or their subrogees against any of the Defendant Releasees for any damages, costs or attorneys’ fees arising from or in any way connected with the Released Claims. The Plaintiff Releasors represent and warrant to the Defendant Releasees that they have not assigned or otherwise transferred any of the Released Claims to any individual, firm, corporation or other legal entity.
Release of Defendants. Plaintiff hereby releases Defendants, and each of them, and their parent, subsidiary and affiliated corporations, officers, directors, stockholders, agents, attorneys, employees, representatives, successors and assigns, jointly and severally, from all claims, demands, acts or omissions, and/or causes of action, known or unknown, suspected or unsuspected, which may now exist or later be discovered, arising from, related to, or connected with the Litigation, the facts and circumstances from which the Litigation arose, or any dispute or relationship between the parties. This release shall not apply to or detract from the obligations of the Defendants to Plaintiff arising under this Agreement.
Release of Defendants. Upon occurrence of the Effective Date, the Plaintiffs, all Settlement Class members, the Plan and all participants, fiduciaries, and beneficiaries in or of the Plan, and all Successors-in-Interest of any of the foregoing shall be deemed to have, and by operation of the Final Order shall have, fully, finally, and forever released, and are forever barred from the prosecution of, any and all Released Plaintiffs’ Claims against any and all of the Released Parties, except that the release shall not preclude any action or claim related to the implementation and/or enforcement of the Settlement Agreement.
Release of Defendants. For and in consideration of the required acts and promises set forth in the text of this Agreement, Xxxx, for herself and her heirs, assigns, executors, administrators, agents, successors in interest, and legal representatives, hereby knowingly and voluntarily releases and forever discharges Defendants from any and all claims, demands, causes of action, complaints, rights, actions, remedies, suits, or charges, known or unknown, asserted or unasserted, of any kind or character, in tort, in contract, or under any other law or statute whatsoever, accrued to date, which Xxxx has or might have as a result of, or in any way connected with Xxxx employment or separation of employment with Defendants, including but not limited to claims under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, as amended, The Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Equal Pay Act of 1973, the Rehabilitation Act of 1973, the Occupational Safety and Health Act, the Immigration Reform and Control Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Worker Adjustment and Retraining Notification Act of 1988, the National Labor Relations Act, the South Carolina Human Affairs Law, S.C. Code Xxx. § 1-13-10, et seq.; the South Carolina Wage Payment Act, S.C. Code Xxx. § 41-10-10, the South Carolina Payment of Post-Termination Claims to Sales Representatives law (S.C. Code Xxx. §§ 00-00-00 x), Xxxxx Xxxxxxxx laws prohibiting discrimination, retaliation, and wrongful termination (S.C. Code Xxx. §§37-5-106, 41- 1-20, 41-1-30, 41-1-70, 41-1-80, 41-1-85, 53-1-110), the Constitutions of the United States and the State of South Carolina; and other local, state or federal laws, including but not limited to, those relating to discrimination, harassment, retaliation, denial or termination of any health benefit or benefits of any other kind, or any claims of breach or violation of public policy, any claims arising under the Federal or any state constitution, wrongful or constructive discharge, retaliatory discharge, breach of contract, any and all claims or rights under federal, state or local laws, regulations or ordinances relating to the payment ...
Release of Defendants. For and in consideration of the required acts and promises set forth in the text of this Agreement, Xxxxxxx, for herself and her heirs, assigns, executors, administrators, agents, successors in interest, and legal representatives, hereby knowingly and voluntarily releases and forever discharges Defendants from any and all claims, demands, causes of action, complaints, rights, actions, remedies, suits, or charges, known or unknown, asserted or unasserted, of any kind or character, in tort, in contract, or under any other law or statute whatsoever, accrued to date, which Xxxxxxx has or might have as a result of, or in any way connected with Xxxxxxx’x employment or separation of employment with Defendants, including but not limited to claims under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866 and 1871, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, as amended, The Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Equal Pay Act of 1973, the Rehabilitation Act of 1973, the Occupational Safety and Health Act, the Immigration Reform and Control Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Worker Adjustment and Retraining Notification Act of 1988, the National Labor Relations Act, , the North Carolina Retaliatory Employment Discrimination Act (XXXX), the North Carolina Persons with Disabilities Protection Act (PDPA), the North Carolina Equal Employment Practices Act (EEPA), the North Carolina Sickle Cell and Hemoglobin Trait Discrimination Act, the North Carolina Genetic Testing and Information Discrimination Act, the North Carolina Use of Lawful Products Discrimination Act, the North Carolina AIDS and HIV Status Discrimination Act, the North Carolina Jury Service Discrimination Act, the North Carolina Military Service Discrimination Act, the North Carolina Human Relation Commission Bias Law, the North Carolina Wage and Hour Act, the Constitutions of the United States and the State of North Carolina; and other local, state or federal laws, including but not limited to, those relating to discrimination, harassment, retaliation, denial or termination of any health benefit or benefits of any other kind, or any claims of breach or violation of public policy, any clai...
Release of Defendants. Other than for breaches of this Agreement, and except as reserved in Section 2.6 below, Plaintiffs irrevocably release and forever discharge Defendants and each of their respective officers, directors, employees, shareholders, independent contractors, agents, members, predecessors, successors, subsidiaries, affiliates, assigns, and attorneys from all claims, counterclaims, answers, cross-claims, any judicial, administrative or other proceedings of any kind in any jurisdiction, actions, causes of action, costs, damages, debts, reserves, demands, expenses, liabilities, losses, obligations, proceedings, and suits of every kind and nature, liquidated or unliquidated, fixed or contingent, in law, equity, or otherwise, whether asserted or unasserted, whether presently known or unknown, whether anticipated or unanticipated, and whether direct or derivative, that Plaintiffs ever had, now have or hereafter may acquire against Defendants, whether known or unknown, on account of any action, inaction, matter, thing, or event, that occurred or failed to occur at any time in the past, from the beginning of time through and including the Effective Date, arising out of or related to the Action, the facts underlying the Action and all claims alleged or that could have been alleged in the Action.
Release of Defendants. Effective upon the Plaintiffs’ receipt of a fully executed copy of this Agreement and the Payment, the Plaintiffs, on behalf of themselves, and each of their predecessors, successors, parents, subsidiaries, divisions, affiliates, assigns, and any of their current or former agents, directors, officers, employees, consultants, committees, fiduciaries, representatives, attorneys, and all persons and entities acting by, through, under or in concert with any of them currently or in the past, release, acquit, and discharges the Defendants, and their successors and assigns, and each of their predecessors, parents, subsidiaries, divisions, affiliates, and any of their current or former agents, directors, officers, employees, consultants, committees, fiduciaries, representatives, and attorneys of and from the Plaintiffs’ Claims and any and all known and unknown charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, expenses (including attorneys' fees and costs actually incurred) and punitive damages, of any nature whatsoever, known or unknown, and whether asserted or unasserted, which any Plaintiff has, or may have had, against any Defendant, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising from the Plaintiff’s Claims and the Engagement Agreement or any other business dealings between any Plaintiff and Daybreak on or prior to the date hereof; provided, however, that nothing contained herein shall be deemed to release any obligations the Defendants have under this Agreement.
Release of Defendants. Except for those obligations arising out of this Agreement, Jodek, together with each of its predecessors, assignors, current and former parent companies, subsidiaries, and affiliates, and the current and former shareholders, members, officers, directors, predecessors, trustees, beneficiaries, advisors, partners, employees, agents, consultants, representatives and attorneys for each of the foregoing, and each of their trustees, administrators, successors, assigns, heirs, spouses and executors and anyone claiming by or through them or on their behalf (collectively, the “Jodek Releasing Parties”), hereby remise, release and forever discharge Verticalnet, ASTT, and the Individual Defendants, together with their respective current and former parent corporations, subsidiaries, and affiliates, and the current and former shareholders, officers, directors, predecessors, trustees, advisors, members, partners, employees, agents, consultants, representatives, attorneys, administrators, heirs, spouses, executors, successors and assigns of each of the foregoing (collectively, the “Defendant Released Parties”), from and against all manner of action or actions and causes of action, complaints, suits, dues, accounts, bonds, covenants, contracts, agreements, invoices, promises, guarantees, warranties, representations, liens, judgments, liabilities, obligations, damages, debts, claims or demands whatsoever, in law or in equity, that the Jodek Releasing Parties now have, ever had or may ever have against the Defendant Released Parties or any of them, singularly or in any combination, on account of, arising out of, or in connection with any thing, cause, matter, transaction, act or omission of any nature whatsoever relating to the Merger Agreement and the Action, from the beginning of time to the date of the Agreement.
Release of Defendants. If and only if all Settlement Installments as set forth in Section 2 above are paid by Epic AZ and/or Epic NV without the occurrence of an “Event of Default” as specified in Section 3 of this Agreement, Plaintiff hereby releases Defendants, together with Defendants’ members, managers, employees, representatives, agents, parent companies, subsidiaries, affiliates, insurers, successors, or assigns, from any and all actions, causes of action, demands, liabilities, or any other claims of any nature whatsoever, known or unknown, liquidated or unliquidated, including but not limited to those which in any way arise out of or relate to the Lawsuit, Lease or the Leased Premises.
