Littler Mendelson Sample Contracts

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SECOND AMENDED JOINT STIPULATION AND SETTLEMENT AGREEMENT
Joint Stipulation and Settlement Agreement • March 4th, 2022 • California

Subject to final approval by the Court, this Settlement Agreement is between Plaintiff Alexandra Pelgrift (“Plaintiff” or “Plaintiff Pelgrift”), on behalf of herself, other members of the general public similarly situated, and other aggrieved employees, and Defendant The 21st Amendment Brewery Cafe, LLC (“Defendant”). Plaintiff and Defendant collectively are referred to in this Agreement as the “Parties.”

CLASS ACTION AND PAGA SETTLEMENT AGREEMENT AND CLASS NOTICE
Class Action and Paga Settlement Agreement and Class Notice • June 16th, 2023 • California

This Class Action and PAGA Settlement Agreement (“Agreement”) is made by and between plaintiff Jonathan Cheung (“Plaintiff”) and defendant Signature Commercial Solutions, LLC (“Defendant”). The Agreement refers to Plaintiff and Defendant collectively as “Parties,” or individually as “Party.”

CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE
Class Action Settlement Agreement and Release • January 5th, 2018 • New York

This Class Action Settlement Agreement and Release (the “Agreement”) is entered into between Plaintiff Jose Ortega, on his own behalf and on behalf of all Settlement Class Members as defined herein, Plaintiff Joce Martinez, on his own behalf, and Defendants Uber Technologies, Inc., Rasier, LLC, and Uber USA, LLC (collectively, “Defendants”), and is subject to the terms and conditions set forth herein, and the final approval of the U.S. District Court for the Eastern District of New York.

EMPLOYMENT AGREEMENT BETWEEN PETCO ANIMAL SUPPLIES STORES, INC. AND MICHAEL NUZZO
Employment Agreement • December 3rd, 2020 • PET Acquisition LLC • Retail-retail stores, nec • California

This EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of April 8th, 2015 (the “Effective Date”) by and between Petco Animal Supplies Stores, Inc., a Delaware corporation (“Petco” or “the Company”), and Michael Nuzzo (“Executive”). Petco and Executive are hereinafter collectively referred to as the “Parties,” and are individually referred to as a “Party.”

ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • January 12th, 2011 • Xeta Technologies Inc • Telephone & telegraph apparatus • Oklahoma

THIS ASSET PURCHASE AGREEMENT (“Agreement”) is made and entered into as of the 10th day of May, 2010, by and among XETA TECHNOLOGIES, INC., an Oklahoma corporation (“Purchaser”), HOTEL TECHNOLOGY SOLUTIONS, INC., a Delaware corporation d/b/a Lorica Solutions (“Seller”) and ENHANCED CAPITAL NEW YORK FUND III, LLC, ENHANCED CAPITAL NEW YORK FUND II, LLC, STONEHENGE CAPITAL FUND NEW YORK, LLC, SEABURY CAPITAL LLC, and MARK HOLZBERG (collectively, the “Seller Principals”) (joining solely for purpose of certain representations and warranties made by them pursuant to Article V hereof).

Duane Reade Inc. Duane Reade 11.75% Senior Secured Notes due 2015 Purchase Agreement
Registration Rights Agreement • October 16th, 2009 • Duane Reade Holdings Inc • Retail-drug stores and proprietary stores • New York

The writings identified in the foregoing clauses (i) through (iv), inclusive, are collectively referred to herein as the “Transaction Documents” and each of the Transaction Documents is sometimes referred to individually as a “Transaction Document.”

CLASS ACTION AND PAGA SETTLEMENT AGREEMENT
Class Action and Paga Settlement Agreement • September 28th, 2022 • California

This Class Action and PAGA Settlement Agreement (“Agreement”) is made by and between Plaintiff Mayra Cortez (“Plaintiff”) and Defendant Barksdale, Inc. (“Defendant”) in the lawsuits entitled Mayra Cortez v. Barksdale, Inc., Los Angeles Superior Court Case No. 21STCV29193 (the “Class Action”) and Mayra Cortez v. Barksdale, Inc., Los Angeles Superior Court Case No. 21STCV35127 (the “PAGA Action”) (collectively, the “Litigation”). The Agreement refers to Plaintiff and Defendant collectively as “Parties,” or individually as “Party.”

EMPLOYMENT AGREEMENT
Employment Agreement • October 30th, 2013 • Exelixis, Inc. • Services-commercial physical & biological research • California

THIS EMPLOYMENT AGREEMENT (“Agreement”) is made as of September 19, 2013 (the “Effective Date”) by and between Exelixis, Inc., a Delaware corporation (“Exelixis” or the “Company”), and Pamela A. Simonton (“Executive”). Executive and Exelixis are jointly referred to herein as the “Parties,”

SETTLEMENT AGREEMENT
Settlement Agreement • May 31st, 2023

This Settlement Agreement (“Settlement Agreement”) is made by and between Plaintiff Jesus Ayala and Defendants Wide Open, Inc., Queen Anne Diner LLC, and David Meinert.

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS
Settlement Agreement • October 25th, 2004 • Tarantella Inc • Services-prepackaged software
CLASS ACTION AND PAGA SETTLEMENT AGREEMENT
Class Action and Paga Settlement Agreement • November 8th, 2022 • California

This Class Action and PAGA Settlement Agreement (“Agreement”) is made by and between Jimmy Maciel (“Plaintiff”) and Shambaugh & Son, L.P. (“Defendant”). Plaintiff and Defendant shall collectively be referred to as “Parties,” or individually as “Party.”

JOINT STIPULATION OF SETTLEMENT AND RELEASE
Joint Stipulation of Settlement and Release • July 19th, 2016

This Joint Stipulation of Settlement and Release ("Stipulation of Settlement") is made and entered into by and between Plaintiffs Edgar Viceral and David Krueger ("Plaintiffs"), individually and on behalf of all others similarly situated, and Defendant Mistras Group, Inc. (“Defendant” or “Mistras”), and their respective counsel of record, with respect to the case Viceral and Krueger, et al. v. Mistras Group, Inc., et al., United States District Court, Northern District of California, Case No. 3:15-cv-02198-EMC, subject to the terms and conditions hereof and the Court's approval.

AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT by and among WALGREEN CO., DUANE READE HOLDINGS, INC., DUANE READE SHAREHOLDERS, LLC, and OTHER STOCKHOLDERS OF DUANE READE HOLDINGS, INC. Effective as of February 17, 2010
Securities Purchase Agreement • March 26th, 2010 • Duane Reade Holdings Inc • Retail-drug stores and proprietary stores

AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT, effective as of February 17, 2010, by and among Duane Reade Holdings, Inc., a Delaware corporation (the “Company”), Duane Reade Shareholders, LLC, a Delaware limited liability company (“DRS Seller”), in its capacity as a Seller and in its capacity as the Sellers’ Representative (as defined herein), the individuals and other entities listed on the signature pages hereto and Schedule A, Schedule B, and Schedule C (such individuals and entities together with DRS Seller and the Persons who execute a joinder hereto pursuant to Section 2.2(d) (Deliveries at Closing), each a “Seller” and collectively the “Sellers”), and Walgreen Co., an Illinois corporation (“Buyer”). Unless otherwise defined herein, capitalized terms used herein shall have the meanings given such terms in Annex A of this Agreement.

SETTLEMENT AGREEMENT AND RELEASE‌
Settlement Agreement and Release • April 22nd, 2020 • New York

This Settlement Agreement and Release (the “Agreement”) is made and entered into by and between Joel Yulo, on behalf of himself, his agents, assigns, attorneys, heirs, successors, executors and administrators (hereinafter “Plaintiff”), on the one hand, and Metz Zutto Ramen Inc. d/b/a Zutto Japanese American Pub (hereinafter referred to as “Zutto” or the “Company”) and German H. Metz (hereinafter referred to as “Defendant Metz”), on the other hand.

SETTLEMENT AGREEMENT
Settlement Agreement • January 9th, 2024

This Settlement Agreement (“Settlement Agreement”) is made by and between Plaintiffs Danielle Morrow and Dawn King and Defendants Maverick Gaming LLC and Maverick Washington LLC.

AMENDED CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS‌
Class Action Settlement Agreement and Release of Claims • June 13th, 2022 • California

This amended Class Action Settlement Agreement (“Agreement”) is made by and between plaintiff Janelle Basich-Mustafa (“Plaintiff”), on behalf of herself and on behalf of the State of California, all similarly-situated individuals, and all allegedly aggrieved employees, and defendant Designer Fragrances and Cosmetics Company (“Defendant”), subject to the approval of the Court, that the Settlement of the Action (as defined below) shall be effectuated upon and subject to the following terms and conditions to be filed for approval by the Court. Plaintiff and Defendant collectively are referred to in this Agreement as the “Parties.”

TERM LOAN AND SECURITY AGREEMENT
Term Loan and Security Agreement • November 21st, 2014 • Destination Xl Group, Inc. • Retail-family clothing stores • Massachusetts

Wells Fargo Bank, National Association, a national banking association with an office at One Boston Place, Boston, Massachusetts 02108, as administrative agent (in such capacity, the “Administrative Agent”) for the benefit of (i) the Collateral Agent and (ii) the “Term Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement and any Person who becomes a “Term Lender” in accordance with the provisions of this Agreement;

Executive Employment Agreement
Executive Employment Agreement • May 10th, 2007 • Polymer Group Inc • Broadwoven fabric mills, man made fiber & silk

This Executive Employment Agreement (the “Agreement”) is entered into between Polymer Group, Inc., (“PGI”) a Delaware corporation, and Veronica M. Hagen (“Executive”) effective as of April 23, 2007 (the “Effective Date”). PGI and Executive agree as follows:

RESTITUTION AGREEMENT
Restitution Agreement • January 26th, 2009 • Bio Reference Laboratories Inc • Services-medical laboratories • New Jersey

WHEREAS, Bio-Reference Laboratories, Inc. (hereinafter referred to as “BRLI” or the “Company”) entrusted its employee, John Littleton (hereinafter referred to as the “Employee”), with responsibility for day-to-day management of the sales force at BRLI; and

CERTIFIED ALLOY PRODUCTS, INC., et al.
California • December 30th, 2023

This Settlement encompasses two pending lawsuits: (1) DANNY CARMONA, on behalf of himself and others similarly situated v. CERTIFIED ALLOY PRODUCTS, INC., et al., Case No. 21STCV03308, filed in the Superior Court of California, County of Los Angeles (hereinafter known as the “Class Action”), and (2) DANNY CARMONA, on behalf of himself and other aggrieved employees v. CERTIFIED ALLOY PRODUCTS, INC., et al., Case No. 21STCV13416, filed in the Superior Court of California, County of Los Angeles (hereinafter, the “PAGA Action”). The Class Action and the PAGA Action will hereinafter be referred to collectively as the “Lawsuits.”

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Confidentiality Clause Settlement Agreement California
Settlement Agreement • August 8th, 2021

The information private for confidentiality clause agreement captures those in an act states there is unwise for them come with the

CLASS ACTION AND PAGA SETTLEMENT AGREEMENT
Class Action and Paga Settlement Agreement • January 28th, 2024 • California

This Class Action and PAGA Settlement Agreement (“Agreement”) is made by and between Plaintiffs Denis Leonel Sobalvarro (“Sobalvarro”) and Arturo Parra-Marquez (“Parra-Marquez”) (collectively, “Plaintiffs”) and defendant PRC-Desoto International, Inc. (“Defendant”). The Agreement refers to Plaintiffs and Defendant collectively as “Parties,” or individually as “Party.”

Contract
Class Action and Paga Settlement Agreement And • July 23rd, 2021 • California
SIXTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT REVOLVING CREDIT LENDERS NAMED HEREIN WELLS FARGO BANK, NATIONAL ASSOCIATION JPMORGAN CHASE BANK, N.A. AS CO- SYNDICATION AGENTS...
Revolving Credit Note • December 1st, 2010 • Casual Male Retail Group Inc • Retail-family clothing stores • Massachusetts

Bank of America, N.A., a national banking association with an office at 100 Federal Street, 9th Floor, Boston, Massachusetts 02110, as administrative agent (in such capacity, the “Administrative Agent”) for the benefit of (i) the Collateral Agent, (ii) the “Revolving Credit Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement and any Person who becomes a “Revolving Credit Lender” in accordance with the provisions of this Agreement, and (iii) the other Secured Parties;

SIXTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT BANK OF AMERICA, N.A. AS ADMINISTRATIVE AGENT AND COLLATERAL AGENT REVOLVING CREDIT LENDERS NAMED HEREIN WELLS FARGO BANK, NATIONAL ASSOCIATION JPMORGAN CHASE BANK, N.A. AS CO- SYNDICATION AGENTS...
Revolving Credit Note • January 7th, 2011 • Casual Male Retail Group Inc • Retail-family clothing stores • Massachusetts

Bank of America, N.A., a national banking association with an office at 100 Federal Street, 9th Floor, Boston, Massachusetts 02110, as administrative agent (in such capacity, the “Administrative Agent”) for the benefit of (i) the Collateral Agent, (ii) the “Revolving Credit Lenders” who are, at present, those financial institutions identified on the signature pages of this Agreement and any Person who becomes a “Revolving Credit Lender” in accordance with the provisions of this Agreement, and (iii) the other Secured Parties;

Salary Restructuring Letter Format
Salary Restructuring Letter Format • April 23rd, 2022

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CLASS ACTION AND PAGA SETTLEMENT AGREEMENT
Class Action and Paga Settlement Agreement • February 20th, 2023

This Class and PAGA Action Settlement Agreement and Release (“Settlement” or “Settlement Agreement” or “Agreement”) is made by and between Plaintiffs Monica Fowler (“Plaintiff Fowler”) and Giana Benson (“Plaintiff Benson”) (together “Plaintiffs”), as individuals and on behalf of the Settlement Class and PAGA Employees (defined below), and on behalf of the State of California, and Defendant F21 OpCo, LLC (“Defendant” or “F21”) . The Agreement refers to Plaintiffs and F21 collectively as “Parties,” or individually as “Party.”

SEPARATION AGREEMENT AND RELEASE OF ALL CLAIMS
Separation Agreement and Release of All Claims • May 16th, 2016 • AP Gaming Holdco, Inc. • Miscellaneous manufacturing industries • Nevada

This Separation Agreement and Release of All Claims (“Agreement”) is made and entered into by and between Mauro Franic (hereinafter referred to as “Executive”) and AGS, LLC (hereinafter referred to as “the Company”) (collectively referred to as “the Parties”), with reference to the following:

Contract
Employment Agreement • August 17th, 2023 • Berry Global Group, Inc. • Plastics products, nec • Indiana

EMPLOYMENT AGREEMENT (this “Agreement”) dated August 11, 2023, by and among BERRY GLOBAL INC., a Delaware corporation (the “Company”), BERRY GLOBAL GROUP, INC., a Delaware corporation (the “Parent” and collectively with the Company, the “Employer”) and Kevin Kwilinski (the “Executive”).

SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Settlement Agreement and Mutual Release • August 7th, 2007 • U-Store-It Trust • Real estate investment trusts • Ohio

This Settlement Agreement and Mutual Release (this “Agreement”) is made this 6th day of August 2007, by and among U-Store-It, L.P., a Delaware limited partnership (the “Operating Partnership”), U-Store-It Trust, a Maryland real estate investment trust (“USI”), U-Store-It Mini Warehouse Co., an Ohio corporation (“USI Warehouse”), YSI Management LLC, a Delaware limited liability company (“YSI”), U-Store-It Development, LLC, a Delaware limited liability company (“USI Development”), Rising Tide Development LLC, a Delaware limited liability company (“Rising Tide”), Amsdell and Amsdell, an Ohio general partnership (“Amsdell and Amsdell”), Robert J. Amsdell, Barry L. Amsdell, Todd C. Amsdell, Kyle V. Amsdell, Dean Jernigan and Kathleen A. Weigand.

SETTLEMENT AGREEMENT AND RELEASE
Settlement Agreement and Release • June 14th, 2017 • New York

This Settlement Agreement (“Agreement”) is made by and between Plaintiff Yatram Indergit (the “Settlement Class Representative”), on behalf of himself, his agents, representatives, assigns, heirs, executors, beneficiaries, trustees and the “Settlement Classes” as defined below; and Rite Aid Corporation and Rite Aid of New York, Inc., on behalf of themselves, their parent(s), divisions, affiliates, subsidiaries, predecessors and successors, including, but not limited to, any and all Rite Aid related entities operating Rite Aid brand retail stores and/or pharmacies and all entities named as Defendants in this lawsuit and their directors, partners, principals, officers, members, fiduciaries, trustees, insurers, employees, attorneys and agents (“Rite Aid” or the “Company”), Rite Aid or the Company and the Settlement Class Representative are referred to herein as the “Parties.”

Non Compete Agreement In California Trial Brief
Non Compete Agreement • September 6th, 2021

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SETTLEMENT AGREEMENT
Settlement Agreement • July 6th, 2018

This Settlement Agreement (“Settlement Agreement”) is made by and between Plaintiff Deborah LePine and Defendant Petco Animal Supplies Stores, Inc.

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