RELEASES AND DISMISSAL OF ACTION Sample Clauses

RELEASES AND DISMISSAL OF ACTION. 9.1. As of the Effective Date, the Releasing Parties, each on behalf of himself or herself and on behalf of his or her respective heirs, assigns, beneficiaries, and successors, shall automatically be deemed to have fully and irrevocably released and forever discharged BHN and each of its present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, and the present and former directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, and the predecessors, successors, and assigns of each of them as well as covered entities associated with the Data Security Incident (collectively, the “Released Parties”), of and from any and all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to the Data Security Incident, and conduct that was alleged or could have been alleged in the Action, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of (1) the unauthorized access to or disclosure of Settlement Class Members’ personal information; (2) BHN’s maintenance of Settlement Class Members’ personal information; (3) BHN’s information security policies or practices; (4) BHN’s provision of notice to Settlement Class Members following the Data Security Incident; and (5) any event, matter, dispute, or thing that in whole or in part, directly or indirectly, relates to or arises out of the Data Security Incident and (1) through (4) above (the “Released Claims”), provided that nothing in this Release is intended to, does or shall be deemed to release any claims not arising out of, based upon, resulting from, or related to the Data Security Incident.
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RELEASES AND DISMISSAL OF ACTION. 12 Upon the Effective Date, Plaintiff and all members of the Class, except for those 13 that have opted out, will be deemed to have, and by operation of the Final Judgment and 14 Order will have, fully, finally, and forever released, relinquished, and discharged the 15 Released Persons from all Released Claims, meaning, with the exception of claims for 16 Personal Injury, any and all causes of action, claims, suits, debts, damages, judgments, 17 liabilities, demands, and controversies of every nature and description whatsoever 18 whether now known or unknown, asserted or not asserted, matured or unmatured, 19 liquidated or unliquidated, at law or in equity, for injunctive relief or damages, whether 20 before a local, state or federal court, or state or federal administrative agency, 21 commission, arbitrator(s) or otherwise that such Plaintiffs now have or may have, and 22 for all times up to and including the Effective Date of the Settlement, for all claims that 23 were or could have been asserted relating to the manufacturing, preparation, handling, 24 distribution, advertising, marketing, packaging, sale, labeling, promotion, and 25 ingredients of Cobra. Plaintiffs (except for those that have opted out in the manner 26 provided for herein) also knowingly, expressly, and voluntarily waives all rights under 27 Section 1542 of the California Civil Code (or similar laws of other States) which states:
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RELEASES AND DISMISSAL OF ACTION. 26 Upon the Effective Date, Plaintiffs, except for those that have opted out, will be 27 deemed to have, and by operation of the Final Judgment and Order will have, fully, finally, 28 and forever released, relinquished, and discharged the Released Persons from all Released Case 3:15-cv-02320-JM-AHG Document 343-2 Filed 04/20/21 PageID.14662 Page 13 of 46 1 Claims, meaning any and all causes of action, claims, suits, debts, damages, judgments, 2 liabilities, demands, and controversies of every nature and description whatsoever— 3 whether now known or unknown, asserted or not asserted, matured or unmatured, 4 liquidated or unliquidated, at law or in equity, for injunctive relief or damages, whether 5 before a local, state or federal court, or state or federal administrative agency, commission, 6 arbitrator(s) or otherwise—that such Plaintiffs now have or may have, and for all times up 7 to and including the Effective Date of the Settlement, for all claims that were or could 8 have been asserted relating to the manufacturing, formulation, preparation, handling, 9 distribution, advertising, marketing, packaging, sale, labeling, promotion, and ingredients 10 of Kroger Bread Crumbs. Plaintiffs (except for those that have opted out in the manner 11 provided for herein) also knowingly, expressly, and voluntarily waives all rights under
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RELEASES AND DISMISSAL OF ACTION. 38. Upon the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally and forever released, relinquished, and discharged all Released Claims against the Released Parties.
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RELEASES AND DISMISSAL OF ACTION. 50. “Releases” mean the releases and waivers set forth in this Settlement Agreement and in the Final Approval Order and Final Judgment.
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RELEASES AND DISMISSAL OF ACTION. 20 7.1. Upon the Effective Date, the Plaintiffs (except for those that have opted out in the 21 manner provided herein) will be deemed to have, and by operation of the Final 22 Judgment and Order will have, fully, finally, and forever released, relinquished, and 23 discharged the Released Persons from all Released Claims, meaning, with the 24 exception of claims for Personal Injury, any and all causes of action, claims, suits, 25 debts, damages, judgments, liabilities, demands and controversies of every nature 26 and description whatsoever—whether now known or unknown, asserted or not 27 asserted, matured or unmatured, liquidated or unliquidated, at law or in equity, for 1 injunctive relief or damages, whether before a local, state or federal court, or state or 2 federal administrative agency, commission, arbitrator(s) or otherwise—that such 3 Plaintiffs now have or may have, and for all times up to and including the Effective 4 Date of the Settlement, for all claims that were or could have been asserted relating 5 to the manufacturing, preparation, handling, distribution, advertising, marketing, 6 packaging, sale, labeling, promotion, and ingredients of the Products. Plaintiffs
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RELEASES AND DISMISSAL OF ACTION. 7.1 Upon the Effective Date, the Plaintiffs and each of the Class Members will be deemed to have, and by operation of the Final Judgment and Order will have, fully, finally, and forever released, relinquished, and discharged the Released Persons from all Released Claims.
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RELEASES AND DISMISSAL OF ACTION 
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Related to RELEASES AND DISMISSAL OF ACTION

  • Suspension and Dismissal In the event an Employee alleges dismissal or suspension without just cause, the Employee may commence a grievance at Step II. The grievance shall be filed within ten (10) days of the occurrence.

  • Release and Discharge 11.1 The acceptance by the Designer of the last payment under the provisions of Article 6.5 or Article 12 in the event of termination of the Contract, shall in each instance, operate as and be a release to the Owner and the Authority and their employees and officers, from all claims of the Designer and its Subconsultants for payment for services performed and/or furnished, except for those written claims submitted by the Designer to the Owner with, or prior to, the last invoice.

  • DISCIPLINE AND DISMISSAL 6.8.1 The following principles are to be followed when dealing with disciplinary matters:

  • DISMISSAL, SUSPENSION AND DISCIPLINE 13 11.1 Procedure 13 11.2 Dismissal and Suspension 13 11.3 Burden of Proof 13 11.4 Right to Grieve Other Disciplinary Action 13 11.5 Personnel File 13 11.6 Right to Have Union Representative Present 14 11.7 Abandonment of Position 14 11.8 Probation 14 11.9 Employee Investigations 15 ARTICLE 12 - SENIORITY 15 12.1 Seniority Defined 15 12.2 Seniority List 16 12.3 Loss of Seniority 16 12.4 Re-Employment 17 12.5 Bridging of Service 17 12.6 Same Seniority 17 ARTICLE 13 - LAYOFF AND RECALL 17 13.1 Definition of a Layoff 17 13.2 Pre-Layoff Canvass 17 13.3 Layoff 18 13.4 Bumping 18 13.5 Recall 19 13.6 Advance Notice 19 13.7 Grievance on Layoffs and Recalls 19 13.8 Worksite Closure 19 ARTICLE 14 - HOURS OF WORK 20 14.1 Definitions 20 14.2 Hours of Work 20 14.3 Rest Periods 21 14.4 Meal Periods 22 14.5 Flextime 22 14.6 Staff Meetings 22 (ii) 14.7 Standby Provisions 22 14.8 Conversion of Hours 23 ARTICLE 15 - SHIFTS 23 15.1 Exchange of Shifts 23 15.2 Shortfall of Shifts 23 15.3 Short Changeover Premium 23 15.4 Split Shifts 23 15.5 Work Schedules 23 ARTICLE 16 - OVERTIME 24 16.1 Definitions 24 16.2 Overtime Entitlement 24 16.3 Recording of Overtime 24 16.4 Sharing of Overtime 24 16.5 Overtime Compensation 24 16.6 No Layoff to Compensate for Overtime 24 16.7 Right to Refuse Overtime 25 16.8 Callback Provisions 25 16.9 Rest Interval 25 16.10 Overtime for Part-Time Employees 25 16.11 Authorization and Application of Overtime 25 ARTICLE 17 - HOLIDAYS 26 17.1 Paid Holidays 26 17.2 Holiday Falling on Saturday or Sunday 26 17.3 Holiday Falling on a Day of Rest 26

  • Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients.

  • DISCHARGE AND DISCIPLINARY ACTION 10.01 A claim by an employee that they have been discharged or suspended, without just cause, shall be a proper subject for a grievance. Such a grievance shall be submitted in writing to the Employer at Step Two within ten (10) working days after the employee receives notice that they have ceased to work for the Employer or has been notified of the suspension, as the case may be. Notwithstanding the time limits contained in Article 9.03 Step Two, the Parties will meet in an attempt to resolve the grievance within five (5) working days of said grievance being filed at Step Two.

  • Dismissal of Other Actions (1) Upon the Effective Date, each member of the Ontario Settlement Class and BC Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.

  • Claims and Disputes A. Claims by CONTRACTOR shall be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled “Changes in Work”.

  • DOCUMENTS AND DISCHARGE Buyer shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer, Seller will deliver any sketch or survey of the property within Seller’s control to Buyer as soon as possible and prior to the Requisition Date. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to accept Seller’s lawyer’s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion.

  • Complaints and Dispute Resolution 16.1 Where a dispute arises in connection with any aspect of this Agreement, the parties acting with good faith, will use all reasonable endeavours to bring any such issue to the attention of the other party in a timely fashion and in any event within 60 days of any such dispute coming to their attention.

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