Definition of Released Claims. As used in this Agreement, “Released Claims” shall mean any and all manner of claims, demands, judgments, actions, suits, and causes of action, whether class, derivative, individual, direct, indirect, or otherwise in nature, damages whenever and however incurred, liabilities of any kind, including costs or losses of any kind or nature, expenses, penalties and attorneys’ fees, known or unknown, suspected or unsuspected, accrued or unaccrued, asserted or unasserted, contingent or non-contingent, whether in law, in equity, or otherwise, that the Releasing Parties or any one of them ever had, now has, or hereafter can, shall, or may have, claim, or assert in any capacity against the Released Parties that arise from or relate to any claims or Allegations asserted in the Action, or that could have been asserted in the Action, except as provided in Paragraph 17.4 (exclusions from released claims). The Released Claims include, without limitation, all causes of action related to the design, specification, manufacture, production, promotion, advertising, sale, representation, distribution, installation, and denial or suppression of warranty remedies as to the Sanyo Settlement Panels in connection with delamination or any other aspect of the Allegations, without regard to whether such causes of action are or could be brought pursuant to common law, or any federal or state statute, regulation, or ordinance, including but not limited to federal or state statutes or regulations concerning unfair competition; unfair or deceptive methods of competition; unfair, deceptive, fraudulent, unconscionable, false or misleading conduct, acts, advertising or trade practices; consumer protection; or breach of warranty; or under the common law of any state as a claim for breach of contract, breach of express and implied warranties, reformation of warranty, breach of fiduciary duty, fraud, intentional misconduct, unjust enrichment, misrepresentation (negligent or otherwise), tort, negligence, breach of constructive trust, breach of the implied covenant of good faith and fair dealing, or any other common law or statutory basis, except as provided in Paragraph 17.4 (exclusions from released claims).
Definition of Released Claims. All Claims are defined by the Settling Parties collectively as the "Released Claims". The Released Claims shall include, without limitation, any and all Claims each party has against each other, as described in greater detail in Section 1 hereinabove, and shall include the specific Claims described hereinbelow:
Definition of Released Claims. As used herein, the term "Released Claims" means any and all charges, complaints, claims, causes of action, promises, agreements, rights to payment, rights to any equitable remedy, rights to any equitable subordination, demands, debts, liabilities, express or implied contracts, obligations of payment or performance, rights of offset or recoupment, accounts, damages, costs, losses or expenses (including attorneys' and other professional fees and expenses) held by any party hereto, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, absolute or contingent, direct or derivative (collectively, "Claims") that arose, or whose underlying events occurred, prior to the date of this Release, whether asserted prior to or after the date of this Release. The Released Claims shall include, without limitation, any and all claims or causes of action asserted by the parties in Cause No. 380-000-00, Xxectronic Data Systems Corporation v. Video Lottery Technologies, Inc. and Automated Wagering International, Inc., pending in the 366th Judicial District Court of Collin County, Texas (the "Texas Lawsuit"), together with any and all claims or causes of action that could have been included in the Texas Lawsuit. Notwithstanding the foregoing, "Released Claims" do not include any actual or potential Claims held by the parties hereto (or any rights or duties related to such
Definition of Released Claims. For purposes of this Section 10, the term "Released Claims" means any and all claims of any nature whatsoever Executive may have arising out of his employment and/or the termination of his employment with the Company, known or unknown, including but not limited to any claims he may have under federal, state or local employment, labor, or anti-discrimination laws, statutes and case law. Released Claims specifically include claims arising under the federal Age Discrimination in Employment Act, the Employee Retirement Income Security Act ("ERISA"), any New Jersey employment, labor, or anti-discrimination law, statute or case law and any and all other applicable state, county or local statutes, ordinances or regulations including claims for attorneys' fees. Notwithstanding the forgoing, this release does not apply to, and the term Released Claims does not include, (i) claims for benefits under benefit plans (other than any plan providing severance or other termination benefits) sponsored or maintained by the Company or any of its subsidiaries or affiliates, whether or not subject to ERISA, (ii) claims arising out of obligations expressly undertaken in this Agreement, and (iii) claims arising out of any act or omission occurring after the date of this Agreement.
Definition of Released Claims. As used in this Agreement, "Released Claims" mean any and all actual or alleged Indebtedness, liabilities, claims, actions, suits, causes of action, obligations, debts, controversies, disputes, promises, contracts, liens, judgments, agreements, promises or demands of any kind or nature, whether known or unknown, foreseen or unforeseen, direct or derivative, both at law and in equity, that Bengfort may or could have had or could claim to have had now or in xxx xxxure against the Releasees arising out of, resulting from or relating or incident to any act or omission in connection with transactions, contracts, officer and director appointments, employment 3 <PAGE> agreements or business dealings, or proposed transactions, contracts, officer and director appointments, employment agreements or business dealings, between Bengfort and Mondas, through and up to the Closing Date.
Definition of Released Claims. “Released Claims” shall mean any and all administrative or judicial challenges, suits, petitions, claims, causes of action, actions seeking any writ of mandate or prohibition or other writs, whether in law or in equity, seeking a court order to prevent or delay the development of the Oak to Ninth Project or any portion thereof, except for an Excluded Claim, as defined below. For purposes of this Section III.B, development of any portion of the Oak to Ninth Project is considered complete when a certificate of occupancy is issued for that portion.
Definition of Released Claims. As used herein, the term “Released Claims” means any and all actual or potential claims, actions, causes of action, liabilities, damages (whether actual, nominal, punitive, exemplary, statutory, or otherwise), injunctive relief, costs, fees, attorneys’ fees, or penalties of any kind, including, without limitation, those based on the HPA, breach of contract, or any other contractual theory, breach of the implied covenant of good faith and fair dealing, unconscionability, unjust enrichment, negligent misrepresentation, the New Jersey statutes invoked in the Complaint, the unfair, deceptive, and/or abusive acts and practices statutes of any state, the unfair debt collection practices statutes of the federal government and of any state, or any other state, federal, or local law, statute, regulation, or common law, whether known or unknown, suspected or unsuspected, contingent or non-contingent, or discovered or undiscovered, under the law of any jurisdiction, which the Plaintiff or any Releasing Party ever had, now has, or may have in the future, arising out of or in any way relating to (i) the charging, overcharging, billing, collection, or payment of PMI charges or premiums through and including the date of mailing of Notice, (ii) Defendant’s disclosure practices relating to PMI through and including the date of mailing of Notice, and (iii) any other claims raised or that could have been raised within the scope of the facts asserted in the Complaint. Expressly excluded from Released Claims shall be any claims that Defendant failed to pay Class Members borrower incentive payments to which they are entitled under the Home Affordable Modification Program.
