Released Claim definition

Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

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Released Claim means, with respect to any Releasing Party, any Claim, or Cause of Action that is released by such Releasing Party under Section 13 of this Agreement.

Released Claim has the meaning set forth in Section 9.14.

Examples of Released Claim in a sentence

• For greater certainty and without limiting the generality of the foregoing, the Releasors shall not assert or pursue a Released Claim, against any Releasee under the laws of any foreign jurisdiction.

• Releasors (i) will not encourage any person or entity to bring or maintain any Released Claim against any Released Entity and (ii) will reasonably cooperate with and not oppose any effort by a Released Entity to secure the prompt dismissal of any and all Released Claims.

• The Released Entity shall take ordinary and reasonable measures to defend the action, including filing a Threshold Motion with respect to the Released Claim.

• The lawsuit will not cause further suspensions unless the Released Claim is reinstated upon further review, legislative action, or otherwise.

• If a Settling State is eligible for Incentive Payment A on the basis of a Settlement Class Resolution, and a Primary Subdivision that opted out of the Settlement Class Resolution maintains a lawsuit asserting a Released Claim against a Released Entity, the following shall apply.

More Definitions of Released Claim

Released Claim means the matters that are subject to release and discharge pursuant to Article 10 of the plan;

Released Claim shall have the meaning set forth in Section 9.12.

Released Claim means the matters that are subject to release and discharge pursuant to Article 9 hereof and, for greater certainty, shall include Settled Litigation Claims;

Released Claim means any claim, liability, right, demand, suit, obligation, damage, including consequential damage, loss or cost, punitive damage, attorneys’ fee and cost, action or cause of action, of every kind or description— whether known or Unknown (as the term “Unknown Claims” is defined herein), suspected or unsuspected, asserted or unasserted, liquidated or unliquidated, legal, statutory, or equitable—related to or arising from any of the facts alleged in any of the Actions.

Released Claim means those Class Claims, CTSCA Claims, NSP Released Claims, and Assigned Property Damage Claims released as set forth in Article 7 of this Settlement Agreement.

Released Claim means any Claim waived or released in accordance with section 8.3 of this Plan.

Released Claim means each and every claim of liability, on any legal or equitable ground whatsoever, including relief under federal law or the laws of any state or province, regarding or related to the Kitec System, including without limitation all claims, damages, or liability on any legal or equitable ground whatsoever, and regardless of whether such claims might have been or might be brought directly, or through subrogation or assignment or otherwise, on account of or related to the Kitec System, which were alleged or could have been alleged in the Complaints in the actions consolidated in the U.S. Kitec MDL Class Action or in the Statements of Claim in the Canadian Actions. The Release provided by this Agreement shall be and is broad and expansive and shall include release of all damages, burden, obligation or liability of any sort, including, without limitation, penalties, punitive damages, exemplary damages, statutory damages, damages based upon a multiplication of compensatory damages, court costs, or attorneys’ fees or expenses, which might otherwise have been made in connection with any claim relating to the Kitec System. This Release includes all claims that Claimant(s) have or may hereafter discover including, without limitation, claims, injuries, damages, or facts in addition to or different from those now known or believed to be true with respect to any matter disposed of by this Agreement, but have fully, finally, and forever settled and released any and all such claims, injuries, damages, or facts whether known or unknown, suspected or unsuspected, contingent or non-contingent, past or future, whether or not concealed or hidden, which exist, could exist in the future, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law, or rule, without regard to the subsequent discovery or existence of such different or additional facts. Claimants expressly and intentionally waive any and all rights and benefits which they now have or in the future may have under the terms of the law (whether statutory, common law, regulation, or otherwise) of any other state or territory of the United States and/or Canada as related to matters arising from or in any way related to, connected with, or resulting from the Kitec System. Released Claims do not include personal injury claims. The Released Claim...