Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al.

IX. RELEASES

41. In consideration for the promises made above, Plaintiffs, for themselves and for each of their respective representatives, heirs, successors and assigns, do hereby release, acquit and forever discharge Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals, and their parent companies, affiliates, subsidiaries, divisions and related companies, and the past, present and future employees, agents, attorneys, officers, directors, shareholders, partners, heirs, executors, administrators, insurers, successors and assigns of all of the foregoing (all hereinafter "Releasees"), from and against any and all claims, rights, demands, actions, obligations, liabilities and causes of action of any and every kind, nature and character whatsoever raised in Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al., Case No. 829265-2, against Releasees, or any of them, including those arising from or in any way connected with or related to any claims of discrimination or denial of access, including any claims arising under California Civil Code §§ 51, et seq., 54, et seq., and 3345, California Government Code §§ 11135, et seq., and the regulations promulgated thereunder, and Section 17200 of the California Business and Professions Code.

42. Except as otherwise provided by law, Plaintiffs agrees that they will not, on behalf of themselves, or in cooperation or participation with any other person, firm, entity, corporation, institute, or government agency, file, refile, or in any manner participate in or prosecute any claim, charge, grievance, complaint or action of any sort, before any local, state or federal court, arbitrator, or administrative agency, board or tribunal concerning any matter which was raised in connection with any matter released in ¶ 31 above. Plaintiffs further agree to dismiss promptly or withdraw with prejudice Metzler et al. v. Kaiser Foundation Health Plan, Inc. et al., Case No. 829265-2, except that the Court shall retain jurisdiction to enforce the Agreement and the Dispute Resolution provisions