Common use of Released Claims Clause in Contracts

Released Claims. Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Approval Order, automatically be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Parties from any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, reckonings, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephone. Released Claims shall include all such claims accruing during the Class Period, whether such claims are known or unknown, suspected or unsuspected, contingent or matured. This Agreement is expressly conditioned upon the Judgment entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice of the Settlement and who did not have actual knowledge of the Settlement) from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as Settlement Class Members, individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claims.

Released Claims. Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation In addition to the effect of the Final Approval OrderJudgment entered in the Action, automatically on the Effective Date and in consideration of payment of the Settlement Fund Amount described in Paragraph 16 of this Settlement Agreement, the Releasees shall be deemed to have fully, conclusively, irrevocably, foreverfinally, and finally forever released, relinquishedacquitted, and discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees, judgments, liens, losses, debts, sums of money, payments, obligations, reckoningsguarantees, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgmentsindemnities, and demands obligations of every kind and nature in law, equity, or otherwise that Releasors, or any kind whatsoever that accrued to each Releasing Person during the Class Periodone of them, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspectedrelating in any way whatsoever to the claims, whether based on federal, statedemands, or local law, statute, ordinance, regulation, contract, common law, causes of action asserted in the Action or any other source, at law or arising out of the factual predicate alleged in equity, the Second Amended Complaint filed in the Action. The Parties intend for this release to extinguish all claims that were have been or could have been alleged in brought by the Litigation Releasors based on the facts pleaded matters set forth or otherwise alleged or referred to in the Second Amended Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval Action. For the sake of clarity, the Settlement, or that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephone. Settling Parties recognize and agree that (1) Released Claims shall include all such claims accruing during the Class Period, whether such claims that are known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, disclosed or undisclosed, contingent or matured. This Agreement is expressly conditioned upon the Judgment entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice accrued, regardless of the type or amount of relief or damages claimed; and (2) Released Claims shall include any unknown claims regardless of whether, if known by Releasors, such claims might have affected this Settlement Agreement with Defendants and who did not have actual knowledge the release of the Settlement) from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as Settlement Class Members, individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claimsReleasees.

Released Claims. Upon Final ApprovalAs of the Effective Date, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation of the Final Approval Order, automatically be deemed to have fully, conclusively, irrevocably, forever, and finally released, relinquished, and discharged the Released Parties from any and all claims, actions, causes of action, suits, debts, sums of money, payments, obligations, reckonings, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgments, and demands of any kind whatsoever that accrued to each Releasing Person during the Class Period, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged in the Litigation based on the facts pleaded in the Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval of the Settlement, or that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephonetelephone (the “Released Claims”). Released Claims shall include all such claims accruing during the Class Period, whether such claims are known or unknown, suspected or unsuspected, contingent or matured. This Agreement is expressly conditioned upon the Judgment Final Approval Order entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice of the Settlement and who did not have actual knowledge of the Settlement) from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as Settlement Class Members, individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant Allstate will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claims.

Released Claims. Upon Final Approval“Released Claims” includes—in addition to any and all defenses, Releasing Personsobjections, including Plaintiff rights, remedies, and each Settlement Class Member, shall, by operation benefits that may be derived from applicable law in any jurisdiction that may limit the extent or effect of the Final Approval Order, automatically be deemed to have fully, conclusively, irrevocably, forever, releases and finally released, relinquished, and discharged the Released Parties from other actions in this Agreement—any and all claims, demands, actions, suits, causes of action, suitscross- claims, counter-claims, rights, offsets, setoffs, debts, sums of money, payments, obligations, reckonings, promisesjudgments, damages, interest, penalties, attorney’s fees and costscharges, liens, judgmentsharm, costs, surcharges, losses, attorneys’ fees, expenses, and demands liabilities of any kind whatsoever that accrued to each Releasing Person during the Class Periodwhatsoever, whether class or individual, in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspected, whether based on federal, state, or local law, statute, ordinance, regulation, contract, common law, or any other source, at law or in equity, that were or could have been alleged otherwise, for or in the Litigation based on the facts pleaded in the Complaint dated February 1connection with any consideration, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval thing of the Settlementvalue, remedy, or that relate torelief of any kind whatsoever, concernwhether joint or several, arise fromin law or in equity, substantive or nominal, or pertain in any way otherwise, including monetary, statutory, general, compensatory, special, liquidated, indirect, incidental, expectation, consequential, aggravated, and punitive damages, injunctive and declaratory relief, rescission, restitution, changes to Allstate’s audio recording of telephone calls to a cellular telephone. Released Claims shall include all such claims accruing during the Class Periodcredit, fees, penalties, fines, attorneys’ fees, costs, and expenses, whether such claims are known or unknown, alleged or not alleged, suspected or unsuspected, contingent or maturedvested, ▇▇▇▇▇▇ or inchoate, accrued or not accrued, liquidated or unliquidated, matured or not, that any Releasor ever had, now has, or in the future can, shall, or may have, whether individually, representatively, derivatively, or otherwise, from or against any Released Person as of the date of the Preliminary Approval Order that concern, relate to, arise out of, or are connected with the identical factual predicate of any individual or class claims in the Litigation, including any conduct, statement, act, or omission that has been or could be alleged concerning, arising out of, relating to, or connected with any Covered Contract, involving (i) the repossession, surrender to, and control of any Collateral by Ally or any Person on its behalf (regardless of whether the Collateral was subsequently redeemed, returned, or otherwise recovered), (ii) the charging, payment, collection, and attempted collection of amounts relating to any Covered Contract or related account after the repossession by or surrender to Ally of the Collateral (including deficiencies after the sale or other disposition of any Collateral), (iii) any notice or other communication delivered or required to be delivered before, after, or otherwise in connection with the repossession, surrender, control, or sale or other disposition of any Collateral, (iv) any sale or other disposition of any Collateral after the repossession by or surrender to Ally of such Collateral, and (v) the furnishing of information to credit reporting agencies relating to any Covered Contract or related account and any notices related to such furnishing after the repossession by or surrender to Ally of Collateral. This Agreement “Released Claims” also includes any claim or other matter of any kind whatsoever (as more fully set forth in the preceding sentence) that concerns, relates to, arises out of, or is expressly conditioned upon the Judgment entered connected with (I) any act, omission, or error of a CRA in connection with Paragraph 4.3 or (II) any breach, failure to perform, or other act, omission, or error by any Person other than a Released Person in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice Agreement. Excluded from “Released Claims,” however, is any claim or other matter whatsoever involving the enforcement of the Settlement and who did not have actual knowledge of the Settlement) from filing, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as Settlement Class Members, individuals or otherwise) any action in any jurisdiction this Agreement against any Released Party based on, arising from, or relating to any Released Claim accruing on or before the close of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claimsAlly.

Released Claims. Upon Final Approval, Releasing Persons, including Plaintiff and each Settlement Class Member, shall, by operation In addition to the effect of the Final Approval OrderJudgment entered in the Action, automatically on the Effective Date and in consideration of payment of the Settlement Fund Amount described in Paragraph 17 of this Settlement Agreement, the Releasees shall be deemed to have fully, conclusively, irrevocably, foreverfinally, and finally forever released, relinquishedacquitted, and discharged the Released Parties from any and all manner of claims, demands, rights, actions, suits, and causes of action, suitswhether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties, injuries, attorneys’ fees, judgments, liens, losses, debts, sums of money, payments, obligations, reckoningsguarantees, promises, damages, interest, penalties, attorney’s fees and costs, liens, judgmentsindemnities, and demands obligations of every kind and nature in law, equity, or otherwise that Releasors, or any kind whatsoever that accrued to each Releasing Person during the Class Periodone of them, whether in arbitrationdirectly, administrativerepresentatively, derivatively, or judicial proceedingsin any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees, jointly or severally, whether as individual claims or as claims asserted on a class basis, whether past or present, mature or not yet mature, known or unknown, suspected or unsuspectedrelating in any way whatsoever to the allegations, whether based on federalclaims, statedemands, or local law, statute, ordinance, regulation, contract, common law, or any other source, at law or causes of action asserted in equity, the Action by the Settlement Class. The parties intend that were this release extinguish all claims that have been or could have been alleged in brought by the Litigation settlement class members based on the facts pleaded antitrust matters set forth or otherwise alleged or referred to in the Fourth Amended Complaint dated February 1, 2023 and/or any subsequent amended complaint filed in conjunction with the Court’s approval Action. For the sake of clarity, the Settlement, or Settling Parties recognize and agree that relate to, concern, arise from, or pertain in any way to Allstate’s audio recording of telephone calls to a cellular telephone. (1) Released Claims shall include all such antitrust claims accruing during the Class Period, whether such claims that are known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, disclosed or undisclosed, contingent or matured. This Agreement is expressly conditioned upon the Judgment entered in connection with this Litigation containing a provision permanently barring and enjoining all Settlement Class Members (including Settlement Class Members who never received actual notice accrued, regardless of the Settlement type or amount of relief or damages claimed; and who did not have actual knowledge (2) Released Claims shall include any unknown antitrust claims regardless of the Settlement) from filingwhether, commencing, prosecuting, maintaining (including claims or actions already brought), intervening in, or participating in (as if known by Settlement Class Members, individuals or otherwise) any action in any jurisdiction against any Released Party based on, arising from, or relating to any Released Claim accruing on or before such claims might have affected this Settlement Agreement with Defendants and the close release of the Class Period. The proposed Settlement will become null and void and Plaintiff and Defendant will be restored to their positions as of January 12, 2024, if the Court does not approve this condition barring Settlement Class Members who do not submit a timely and valid Request for Exclusion from bringing or maintaining claimsReleasees.