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 Hemophiliac
received or took 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,
- 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
Hemophiliac HCV Plan and other good and valuable
consideration, the receipt and sufficiency of which
are hereby acknowledged:
1. Direct Release
- (a) 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 Hemophiliac
with HCV from Blood (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 Hemophiliac
with HCV from Blood (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
Hemophiliac with HCV from Blood (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 Hemophiliac
with HCV from Blood (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
Hemophiliac with HCV from Blood (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 Hemophiliac
with HCV from Blood (including the infection of
a Secondarily-Infected Person) and the Releasor
also hereby consent 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 Hemophiliac with HCV from
Blood (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 Hemophiliac with HCV from
Blood (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 )
in the presence of: )
Witness
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