Settlement Class Members’ Settled Claims Sample Clauses

Settlement Class Members’ Settled Claims. “Settled Claims” means any and all claims, causes of action, assertions of injury or harm, damages, debts, liabilities, demands, obligations, guarantees, liquidated damages, costs (including, but not limited to, settlement administration costs), entitlement to restitution or injunctive or declaratory relief, right to direct or indirect recovery of compensation, expenses, interest, and/or attorneys’ fees, whether suspected or unsuspected, known or unknown, that Plaintiffs or any Settlement Class Members have had, now have, or may have in the future against Defendants, the Released Parties or any of them, for acts occurring at any time up to and including the date on which the Court enters the Preliminary Approval Order: (i) arising from or related to the claim that Defendants or any of the Released Parties failed to remit all monies, including, without limitation, sales tax, Black Car Fund fees, gratuities, and fares, due to Plaintiffs or Settlement Class Members, withheld payments due to Plaintiffs or Settlement Class Members, or otherwise miscalculated the share of the fares or other amounts paid by riders to which Defendants, the Released Parties, and/or Settlement Class Members were entitled, pursuant to any express or implied agreement(s), contract(s), promise(s), or covenant(s), including any and all claims, whether alleged under federal, state or local law, regulation or ordinance, common law or tort, for breach of contract (whether oral, written, implied, express or otherwise), breach of the implied covenant of good faith and fair dealing, promissory estoppel, unjust enrichment, unlawful deductions under the New York Labor Law (including any related claims for liquidated damages), or otherwise based on the same or similar facts, allegations and/or theories asserted or that could have been asserted in the Action. This includes any and all claims based on similar theories that are or could be asserted in Haider v. Uber Technologies, Inc., et al., S.D.N.Y. Case No. 16-cv-4098-AKH (“Haider”). This does not include claims asserted in Haider based on Uber’s “upfront pricing” program, or any other claim for unlawful deductions under the New York Labor Law not described above, including based on the theories that Uber unlawfully deducted amounts for vehicle payments and/or other alleged “tools of the trade,” or the service fee drivers pay in exchange for the lead generation services provided to them through the Uber App. This also does not include any claim...