Releases and Dismissals Clause Samples
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Releases and Dismissals. 7.1 Upon the Effective Date, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in this Settlement Agreement, the Releasors will fully, finally, forever and absolutely release, relinquish, acquit, and discharge the Releasees from and for the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have, and shall not now or hereafter institute, maintain, or assert on their own behalf, on behalf of the Class, or on behalf of any other person or entity, any Released Claims.
7.2 Without limiting any other provisions herein, each Releasor who did not opt out will be deemed by the Settlement Agreement completely and unconditionally to have released and forever discharged the Releasees from any and all Released Claims, including all claims, actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, and demands whatsoever, whether known or unknown, that were asserted or could have been asserted in the Proceedings that are the subject of this Settlement Agreement or in relation to any of the facts alleged therein.
7.3 Upon the Effective Date, each Releasor will be forever barred and enjoined from continuing, commencing, instituting, maintaining, asserting or prosecuting, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim, litigation, investigation or other proceeding in any court of law or equity, arbitration, tribunal, proceeding, governmental forum, administrative forum, or any other forum, directly, representatively, or derivatively, against any of the Releasees, and/or any other person or third-party who may claim contribution or indemnity or claim over other relief from any Releasee, in respect of any Released Claims. For greater certainty and without limiting the foregoing, the Releasors shall not assert or pursue a Released Claim against any Releasee under the laws of any foreign jurisdiction.
7.4 Upon the Effective Date, the B.C. Action shall be dismissed with prejudice as against the Settling Defendants and without costs to the Parties.
7.5 Upon the Effective Date, each Class Member shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of any other action or proceeding relating to the Released Claims against the Releasees a...
Releases and Dismissals.
7.1 Release of Releasees
(1) Upon the Effective Date, subject to Section 7.2, and in consideration of payment of the Settlement Amount and other valuable consideration set forth in the Settlement Agreement, the Releasors:
(a) shall finally, fully, forever and absolutely waive, release, relinquish and discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have;
(b) shall forever be enjoined from prosecuting in any forum any Released Claim against any of the Releasees; and
(c) agree or covenant not to ▇▇▇ any of the Releasees on the basis of any Released Claims or to assist any third party in commencing or maintaining any suit against any of the Releasees related in any way to any Released Claim.
(2) The Plaintiffs and Settlement Class Members acknowledge that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true regarding the subject matter of the Settlement Agreement, and it is their intention to release fully, finally and forever all Released Claims and, in furtherance of such intention; this release shall be and remain in effect notwithstanding the discovery or existence of additional or different facts.
Releases and Dismissals. As of the Effective Date,
Releases and Dismissals. As a condition and term of this settlement, within two business days after the conditions precedent in Paragraphs 5-8 are met, the parties will execute mutual releases in the form attached hereto as Exhibit B, with each party to bear its own costs and attorneys’ fees.
Releases and Dismissals. 1.1 Mutual Release and Discharge. ---------------------------- The parties, on behalf of themselves and each of their officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, hereby forever release and discharge each other and their present and former officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, from any and all present or past claims, demands, losses, liabilities, obligations, or causes of action, including, without restricting the generality of the foregoing, claims for costs or attorneys' fees, known or unknown, relating to or arising out of the Lawsuit. Said released and discharged claims, demands, liabilities, obligations, or causes of action consist of those claims or causes of action either stated or which could have been stated in the Lawsuit.
Releases and Dismissals. A. In addition to the effect of any final stipulation of dismissal or judgment entered in accordance with this Agreement, upon Final Approval of this Agreement, and for other valuable consideration as described herein, the Releasing Parties shall completely release, acquit, and forever discharge American Family from any and all claims, demands, actions, suits and causes of action, in law or equity, whether class, individual or otherwise in nature, that the Releasing Parties, or each of them, ever had, now has, or hereafter can, shall, or may have on account of or arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected damages (including, but not limited to, actual, exemplary, punitive, or statutory damages), and the consequences therein, arising out of or resulting from: (i) American Family’s adjustment of first-party claims for vehicles declared a total loss, and (ii) American Family’s calculation of ACV for purposes of Total Loss Claims, including, but not limited to, any conduct alleged, and causes of action asserted, or that could have been alleged or asserted, in the Complaint filed in the Lawsuit, which arise from the facts and/or actions described in the Lawsuit and that relate in any way to Transfer Fees, Total Loss Claims, and ACV calculations and/or payouts, including, but not limited to, any class, group, collective, or individual claim under any federal or state law, federal or state consumer protection, fraud, deception or RICO laws, or similar laws, for total-loss claims that occurred from February 11, 2009 to June 1, 2020 (the “Released Claims”). The Releasing Parties shall not, after the date of this Agreement, seek to recover against American Family for any of the Released Claims. Upon Final Approval of this Agreement, American Family releases all claims of any kind or nature that have been or could have been asserted against the Class Representative, any Class Member, or Settlement Class Counsel relating to the claims in the Lawsuit, or the filing or prosecution of the Lawsuit. Released Claims do not include any claim for bodily injury, uninsured/underinsured motorist protection, medical payments, or claims unrelated to damage to the insured total-loss vehicle.
B. The Final Approval Order shall provide that the Lawsuit shall be dismissed with prejudice, subject to the Court’s retention of continuing jurisdiction with respect to or in connection with any and all matters relating in any way to this A...
Releases and Dismissals. 2.7.1. Upon the Effective Date, Class Representatives and each of the Settlement Class Members shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims.
Releases and Dismissals. 8.1. Plaintiffs and Claimants who agree to participate in the Settlement Program will execute Releases and Dismissals as described in Paragraphs 8.2 and 8.3 below. Under no circumstances shall any payment from the Settlement Funds be made to a Plaintiff or Claimant who has not fully executed a Release and Dismissal and provided a signed copy to Lead Defense Counsel.
Releases and Dismissals.
5.1 Release of Releasees Upon the Effective Date, and in consideration of payment of the Settlement Amount, and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release the Releasees from the Released Claims.
Releases and Dismissals. 2.1 Upon execution of this Settlement Agreement Sierra will dismiss the Action with prejudice.
2.2 It is further agreed that the Parties (as between themselves) shall assume and bear their own costs of the Action and resolution of all of the claims referenced herein, including attorneys' fees and mediator expenses incurred as a result of or in connection therewith.
2.3 Release Of Kaiser By Sierra. In exchange for performance and satisfaction of the obligations assumed by the Parties hereto as set forth above, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Sierra, for itself and its past and present directors, officers, partners, employees, subsidiaries, affiliates, insurers, attorneys, stockholders, agents, representatives, and successors in interest, does hereby unconditionally, irrevocably and forever release and discharge Kaiser and any and all of its directors, officers, employees, subsidiaries, affiliates, insurers, attorneys, stockholders, agents, representatives, all past or present persons or organizations cooperating in the conduct of the Kaiser healthcare program commonly known as the Kaiser Permanen▇▇ ▇▇▇ical Care Program, and all other persons ▇▇ ▇▇▇ kind who have acted or are acting by, through, under, for, or in concert with Kaiser ("Kaiser Released Parties") from any and all liabilities, acts, actions, causes or action, suits, proceedings, debts, dues and sums of money, accounts, accountings, reckonings, bonds, bills, covenants, contracts, (including any covenants to be performed under the Related Agreements after October 31, 1998), controversies, conveyances, leases, assignments, agreements, promises, representations, trespasses, costs, expenses, damages, judgments, executions, defenses, offsets, counterclaims, claims and demands, or any combination of the same, of any nature whatsoever, whether known or unknown, contingent or certain, whether at law or in equity, irrespective of whether arising from tort, contract, violations of laws or regulations, whether alleging NEGLIGENCE, FRAUD or other intentional act, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, bad faith, violations of the Federal Racketeer Influence and Corrupt Organization Act, or deceptive trade practices, which Sierra ever had, has, or may have in the future against any ...