Common use of Releases and Dismissals Clause in Contracts

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.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

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 ▇▇▇ sue 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.

Appears in 1 contract

Sources: Class Action Settlement Agreement