Releases and Dismissals. 7.1 Upon the Effective Date, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in this Settlement Agreement, the Releasors will fully, finally, forever and absolutely release, relinquish, acquit, and discharge the Releasees from and for the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have, and shall not now or hereafter institute, maintain, or assert on their own behalf, on behalf of the Class, or on behalf of any other person or entity, any Released Claims.
Releases and Dismissals. 9. As a condition and term of this settlement, within two business days after the conditions precedent in Paragraphs 5-8 are met, the parties will execute mutual releases in the form attached hereto as Exhibit B, with each party to bear its own costs and attorneys’ fees.
Releases and Dismissals. As of the Effective Date,
Releases and Dismissals. 1.1 Mutual Release and Discharge. ---------------------------- The parties, on behalf of themselves and each of their officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, hereby forever release and discharge each other and their present and former officers, directors, agents, attorneys, representatives, employees, parents, subsidiaries, affiliates, assignees, assignors, insurers, successors, and predecessors, from any and all present or past claims, demands, losses, liabilities, obligations, or causes of action, including, without restricting the generality of the foregoing, claims for costs or attorneys' fees, known or unknown, relating to or arising out of the Lawsuit, entry of the Stipulated Judgment, or the Levy. Said released and discharged claims, demands, liabilities, obligations, or causes of action include those claims or causes of action either stated or which could have been stated in the Lawsuit.
Releases and Dismissals. 4.1 (a) Upon the Effective Date, each of the Plaintiffs shall have, and each of the Settlement Class Members who are not Opt-Outs shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties, and covenanted not to xxx the Released Parties on the Released Claims.
Releases and Dismissals. 2.7.1. Upon the Effective Date, Class Representatives and each of the Settlement Class Members shall be deemed to have, and by operation of the Final Approval Order shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims.
Releases and Dismissals. 4.1 Releases
Releases and Dismissals. A. In addition to the effect of any final stipulation of dismissal or judgment entered in accordance with this Agreement, upon Final Approval of this Agreement, and for other valuable consideration as described herein, the Releasing Parties shall completely release, acquit, and forever discharge American Family from any and all claims, demands, actions, suits and causes of action, in law or equity, whether class, individual or otherwise in nature, that the Releasing Parties, or each of them, ever had, now has, or hereafter can, shall, or may have on account of or arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected damages (including, but not limited to, actual, exemplary, punitive, or statutory damages), and the consequences therein, arising out of or resulting from: (i) American Family’s adjustment of first-party claims for vehicles declared a total loss, and (ii) American Family’s calculation of ACV for purposes of Total Loss Claims, including, but not limited to, any conduct alleged, and causes of action asserted, or that could have been alleged or asserted, in the Complaint filed in the Lawsuit, which arise from the facts and/or actions described in the Lawsuit and that relate in any way to Transfer Fees, Total Loss Claims, and ACV calculations and/or payouts, including, but not limited to, any class, group, collective, or individual claim under any federal or state law, federal or state consumer protection, fraud, deception or RICO laws, or similar laws, for total-loss claims that occurred from February 11, 2009 to June 1, 2020 (the “Released Claims”). The Releasing Parties shall not, after the date of this Agreement, seek to recover against American Family for any of the Released Claims. Upon Final Approval of this Agreement, American Family releases all claims of any kind or nature that have been or could have been asserted against the Class Representative, any Class Member, or Settlement Class Counsel relating to the claims in the Lawsuit, or the filing or prosecution of the Lawsuit. Released Claims do not include any claim for bodily injury, uninsured/underinsured motorist protection, medical payments, or claims unrelated to damage to the insured total-loss vehicle.
Releases and Dismissals. 7.1 Upon the Effective Date, and in consideration of payment of the Settlement Amount and for other valuable consideration set forth in this Settlement Agreement, the Releasors will fully, finally, forever and absolutely release, relinquish, acquit, and discharge the Releasees from and for the Released Claims that any of them, whether directly, indirectly, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have, and shall not now or hereafter institute, maintain, or assert on their own behalf, on behalf of the National Class and the Quebec Class, or on behalf of any other person or entity, any Released Claims.
Releases and Dismissals. 2.1 Upon execution of this Settlement Agreement Sierra will dismiss the Action with prejudice.
