|
)
<br />performance of emission control equipment and methods and related hardware or software
<br />in Subject Vehicles; (4) the actual or alleged noncompliance of any Subject Vehicle with
<br />state or federal environmental or emissions standards; (5) the marketing or advertisement
<br />of the emissions or environmental characteristics or performance of any Subject Vehicle,
<br />including as clean diesel, clean, low emissions, green, environmentally friendly, and/or
<br />compliant with state or federal environmental or emissions standards; (6) the marketing or
<br />advertisement of the fuel efficiency, fuel economy, mileage, power, drivability, or
<br />performance of any Subject Vehicle, to the extent related in any way to the emissions
<br />performance, the design, manufacfure, assembly, testing, development, installation, or
<br />performance of emission control equipment and methods, and related hardware or
<br />software; (7) any badges, signage, or BlueTEC labels on the Subject Vehicles, including
<br />any badges or signage placed on the Subject Vehicles at the point of sale or in an
<br />advertisement; (8) performance of the AEM in a Subject Vehicle, exclusive of the
<br />Extended Modification Warranty and any "Lemon Law" protections available to Class
<br />Members; (9) whether the Subject Vehicles meet or exceed (or met or exceeded) consumer
<br />expectations, to the extent related in any way to the emissions performance, the design,
<br />manufacture, as-Lembly, testing, development, installation, or performance of emission
<br />control equipment, and methods and related hardware or software; or (10) the subject
<br />matter of the Action as well as events or allegations related to the Action, with respect to
<br />the Subject Vehicles. Without limiting the foregoing, "BlueTEC Diesel Matter" includes
<br />allegations that (i) are related to any Subject Vehicle, (ii) relate to conduct by a Released
<br />Party that predates the date of the Class Action Settlements, and (iii) formed or relate to
<br />the factual basis for a clairn that was made or could have been made in the Complaint. As
<br />used in this Individual Release, "Released Pafty" and "Released Parties" includes the
<br />Mercedes Defendants and Bosch Defendants, and any other Person included in the
<br />definition of those terms in the Class Action Agreements.
<br />This lndividr"ral Release shall become effective and binding irnmediately upon my receipt
<br />of the Class Member Payment made to me under the Class Action Agreements. I expressly
<br />understand and acknowledge that the Settlement Adniinistrator rvill make final and
<br />unreviewable decisions regarding the Class Member Payment under the Class Action
<br />Settlements, and that this Individual Release remains effective and binding even if I
<br />disagree with the amount of my Class Member Payment. It is expressly understood and
<br />agreed that this is a compromise of a disputed claim and that the Mercedes Defendants and
<br />Bosch Defendants have denied and continue to deny that they are in any way liable or
<br />responsible for the alleged conduct and damages claimed in the Action. Neither the Class
<br />Action Agreements, the compromise of the Action, this Individual Release, nor any act
<br />perfonned or document executed pursuant to or in furtherance of this Individual Release
<br />or the Class Action Agreements is, may be deemed to be, or may be used as an admission
<br />of, or evidence of, the validity of any of the Released Claims, or of any rvtongdoing or
<br />liability of Released Parties; or may be deemed to be or may be used as an admission of,
<br />or evidence of, any fault or omission of Released Parties in any civil, criminal, or
<br />administrative proceeding in any court, administrative agency, or other tribr.rnal. If, for any
<br />reason? I receive the Class Member Payment under one Class Action Agreement but not
<br />the other, this Individual Release shall be immediately effective and binding as to the
<br />Released Claims against the Released Parties as those terms are defined by the Class Action
<br />Agreement under which I receive the Class Member Payment.
<br />a
|