Released Claims definition
Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.
Released Claims means released claims as that term is defined in the master settlement agreement.
Released Claims means any and all manner of claims, demands, actions, suits, causes of action, charges, cross-claims, counter-claims, demands, judgments, suits, obligations, debts, setoffs, right of recovery, or liabilities for any obligations of any kind whatsoever, whether class, individual, or otherwise in nature, whether personal or subrogated, for damages of any kind (including compensatory, disgorgement, restitutionary, punitive or other damages) whenever incurred, liabilities of any nature whatsoever, including interest, fees, costs, fines, debts, expenses, class administration expenses (including Administration Expenses), penalties, lawyers’ fees (including Class Counsel Fees), and Class Counsel Disbursements, known or unknown, foreseen or unforeseen, suspected or unsuspected, asserted or unasserted, actual or contingent, and liquidated or unliquidated, in law or equity, arising under statute, regulation, contract or otherwise in nature, that any of the Releasors ever had, now have or hereafter can, shall or may have, relating in any way to any conduct alleged or that could have been alleged, related to, arising from, or described in the Proceedings, or arising from the factual predicate of the Proceedings, whether in Canada or elsewhere, which shall be deemed to include but not be limited to the purchase, sale, pricing, discounting, manufacturing, marketing, offering for sale or distributing of ODD or ODD Products, including, without limitation, any claims for consequential, subsequent or follow-on harm that arises after the Class Period in respect of any agreement, combination or conduct that occurred during the Class Period. However, the Released Claims do not include claims based on negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defects, breach of warranty, breach of contract or similar claims between the Parties that do not relate to alleged anti-competitive conduct.
Examples of Released Claims in a sentence
Without limiting the generality of the foregoing, each Loan Party absolutely, unconditionally and irrevocably waives and affirmatively agrees not to allege or otherwise pursue any of the Released Claims, or any defenses, affirmative defenses, counterclaims, claims, causes of action, setoffs or other rights they have or may have under, or in connection with, any Released Claim released and/or discharged by the Loan Parties pursuant to this Section 4.11.
More Definitions of Released Claims
Released Claims means that term as defined in the master settlement agreement.
Released Claims means, collectively, the Released Plaintiffs’ Claims and the Released Defendants’ Claims.
Released Claims. Any and all Claims that directly or indirectly are based on, arise out of, or in any way relate to or concern the Covered Conduct occurring prior to the Reference Date. Without limiting the foregoing, Released Claims include any Claims that have been asserted against a Settling Distributor by any Settling State or Litigating Subdivision in any federal, state, or local action or proceeding (whether judicial, arbitral, or administrative) based on, arising out of, or relating to, in whole or in part, the Covered Conduct, or any such Claims that could be or could have been asserted now or in the future in those actions or in any comparable action or proceeding brought by a State, Subdivision, or Releasor (whether or not such State, Subdivision, or Releasor has brought such action or proceeding). Released Claims also include all Claims asserted in any proceeding to be dismissed pursuant to this Agreement, whether or not such claims relate to Covered Conduct. The Parties intend that this term, “Released Claims,” be interpreted broadly. This Agreement does not release Claims by private individuals. It is the intent of the Parties that Claims by private individuals be treated in accordance with applicable law. Released Claims is also used herein to describe claims brought by a Later Litigating Subdivision or other non-party Subdivision that would have been Released Claims if they had been brought by a Releasor against a Released Entity.
Released Claims means all Released Plaintiffs’ Claims and all Released Defendants’ Claims.
Released Claims has the meaning specified in Section 6.03.
Released Claims shall collectively mean any and all past, present, and future claims or causes of action, including Unknown Claims, that are asserted, were asserted, or could be asserted, by any Class Member against any of the Released Persons that are based upon or arising out of the alleged Data Breach. Released Claims specifically include, but are not limited to, any causes of action arising under or premised upon any statute, constitution, law, ordinance, treaty, regulation, or common law of any country, state, province, county, city, or municipality, including 15 U.S.C. § 45, et seq.; state consumer-protection statutes; negligence; negligence per se; breach of contract; breach of implied contract; breach of fiduciary duty; breach of confidence; invasion of privacy; fraud; misrepresentation (whether fraudulent, negligent or innocent); unjust enrichment; bailment; wantonness; and failure to provide adequate notice pursuant to any breach notification statute or common law duty. Released Claims include but are not limited to any and all claims for damages, injunctive relief, disgorgement, declaratory relief or judgment, attorneys’ fees and expenses, pre-judgment interest, credit monitoring services, the creation of a fund for future damages, statutory damages, punitive damages, special damages, exemplary damages, restitution, the appointment of a receiver, or other legal or equitable relief, whether known or unknown, liquidated or unliquidated, accrued or unaccrued, fixed or contingent, or direct or derivative. Released Claims shall not include the right of any Class Member or any of the Released Persons to enforce the terms of the Settlement contained in this Settlement Agreement, and shall not include the claims of any Person who has timely excluded themselves from the Class.
Released Claims means, collectively, the matters that are subject to release and discharge pursuant to Section 5.1;