SPECIMEN
ONLY
THE ADMINISTRATOR
WILL MAIL AN OFFICIAL RELEASE ONCE THE CLAIM IS APPROVED
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APPENDIX B
FULL AND FINAL RELEASE
In this Release:
"Releasees" means, individually
and collectively,
- each of the FPT Governments,
- each of the past, present, and future ministers and employees
of each FPT Government,
- each of the past and present agents of each FPT Government,
- the Canadian Blood Agency,
- the Canadian Blood Committee or its members,
- each operator of a hospital or health care facility at
which a Primarily-Infected Person received Blood, or a HCV
Infected Person received treatment, care or advice in any
way relating to or arising from the infection of the HCV
Infected Person with HCV,
- each health caregiver who treated or provided care or
advice to a HCV Infected Person in any way relating to or
arising from the infection of the HCV Infected Person with
HCV, and
- any person engaged in the business of collecting, manufacturing,
purchasing, processing, supplying or distributing Blood,
including their respective past, present, and future parent,
subsidiary and affiliated corporations, employees, agents,
officers, directors, shareholders, volunteers, representatives,
executors, administrators, successors and assigns. Each of
the FPT Governments is a trustee for the purpose of asserting
the benefit of this Release for those persons listed in (b)
to (h) inclusive and holds the benefit of this Release on
their behalf as well as on its own behalf. For greater certainty,
the CRCS is not a Releasee.
"Releasor" means the undersigned
on behalf of the undersigned and his or her heirs, administrators,
executors, Personal Representatives and successors.
In this Release initially capitalized terms not defined in
this Release have the meanings set out in the Settlement Agreement,
including its Schedules. Words importing the singular number
include the plural and vice versa, words importing any gender
include all genders and words importing persons include individuals,
partnerships, associations, trusts, unincorporated organizations,
corporations and governmental authorities. The term "including"
means "including without limiting the generality of the
foregoing".
THIS RELEASE WITNESSES that in consideration of the right
of the Releasor to participate in the Transfused HCV Plan
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged:
1. Direct Release
- The Releasor fully and forever releases, acquits and
discharges each of the Releasees from any and all actions,
causes of action, liabilities, claims and demands, whatsoever
of every nature or kind for damages, contribution, indemnity,
costs, expenses and interest which the Releasor ever had,
now has or may hereafter have in any way relating to or
arising from the infection of a Primarily-Infected Person
with HCV during the Class Period (including the infection
of a Secondarily-Infected Person) whether such claims
were made or could have been made in any proceeding including
the Class Actions as provided in the Approval Orders.
- The Releasor agrees that the same consideration is in
full and final settlement and satisfaction of any and
all such claims now and in the future.
2. Cessation of Litigation
- The Releasor hereby consents to the dismissal without
costs of any claim or proceeding of any kind directly
or indirectly against any Releasee in any way relating
to or arising from the infection of a Primarily-Infected
Person with HCV during the Class Period (including the
infection of a Secondarily-Infected Person) including
the Class Actions as provided in the Approval Orders.
A Releasee may not claim the benefit of any of the provisions
of this Release unless and until the Releasee consents
to the dismissal without costs of such claim or proceeding
to be so dismissed by the Releasor.
- The Releasor undertakes not to now or at any time hereafter:
- commence;
- assist in;
- acquiesce in; or
- permit the Releasor's name to be used in.
any claim or proceeding of any kind directly or indirectly
against any Releasee in any way relating to or arising from
the infection of a Primarily-Infected Person with HCV during
the Class Period (including the infection of a Secondarily-Infected
Person).
3. Complete Bar
The Releasor agrees that this Release is a complete defence
to any claim or proceeding of any kind brought by the Releasor
directly or indirectly against any Releasee in any way relating
to or arising from the infection of a Primarily-Infected Person
with HCV during the Class Period (including the infection
of a Secondarily-Infected Person) and this Release will forever
be a complete bar to the commencement or prosecution of any
such claim or proceeding, and the Releasor does hereby consent
to the dismissal without costs of any such future claim or
proceeding.
4. Claims For Contribution or Indemnity
The Releasor undertakes not to make any claim or demand or
take any actions or proceedings against any Releasee or any
other person in any way relating to or arising from the infection
of a Primarily-Infected Person with HCV during the Class Period
(including the infection of a Secondarily-Infected Person).
For greater certainty, the Releasor will not make any claim
or demand or take any actions or proceedings in which any
claim could arise against any Releasee for damages and/or
contribution and/or indemnity and/or other relief over under
the provisions of the Negligence Act (Ontario) or its counterpart
in other jurisdictions, the common law or any other statute
of this or any other jurisdiction in any way relating to or
arising from the infection of a Primarily-Infected Person
with HCV during the Class Period (including the infection
of a Secondarily-Infected Person) and the Releasor also hereby
consents to a dismissal without costs of any such claim or
proceeding which results in such a claim being made, provided
that the foregoing excludes claims against the CRCS.
5. Claims Against the CRCS
At the option of the FPT Governments or their representatives,
the Releasor will either,
- pursue his or her claims against the CRCS in any way relating
to or arising from the infection of a Primarily-Infected
Person with HCV during the Class Period (including the infection
of a Secondarily-Infected Person) and assign to the FPT
Governments the proceeds received by the Releasor from any
such claims, or
- within the Companies Creditors Arrangement Act (Canada)
proceedings relating to the CRCS, prove, vote and otherwise
act to promote such claims that the Releasor has against
the CRCS in accordance with directions given to the Releasor
by the FPT Governments or their representatives or, at the
request of the FPT Governments or their representatives,
grant to the FPT Governments and their representatives such
proxies or other forms of assignment as are necessary for
the FPT Governments to vote and otherwise act to promote
any such claim of the Releasor, or
- enter into a release of all of such claims against the
CRCS substantially in the form of this Release.
THE RELEASOR HEREBY ACKNOWLEDGES that this Release is made
with a denial of liability by the Releasees and nothing in
it nor any action of any Releasee will be construed as an
admission of liability by any Releasee.
THE RELEASOR HEREBY DECLARES that the Releasor has had the
opportunity to seek independent legal advice with respect
to the terms and effect of this Release and the undersigned
fully understands and accepts each and every term and condition
of this Release and that this Release is given voluntarily
for the purpose of making a full and final compromise and
settlement of all claims and other matters in any way relating
to or arising from the infection of a Primarily-Infected Person
with HCV during the Class Period (including the infection
of a Secondarily-Infected Person) whether such claims were
made or could have been made in any proceeding including the
Class Actions.
THIS RELEASE will be governed by and construed in accordance
with the laws of the Province of and the laws of Canada applicable
therein.
IN WITNESS WHEREOF the undersigned has executed this Release.
DATED, 19
SIGNED, SEALED AND DELIVERED
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