Discover Released Claim

Discover Released Claim. Any and all Claims that Discover asserted or could have asserted in the Litigation based in whole or in part on the alleged illegality or tortious or otherwise actionable effect of the Visa Rules, the MasterCard Rules or any Visa and/or MasterCard act, omission or occurrence from the beginning of time through the Effective Date, including but not limited to any alleged future losses, harms, or damages arising from the existence or operation of such Rules, act, omission, or occurrence through... the Effective Date. With respect to Claims arising out of Dedication Agreements that are currently in effect (or have expired or been terminated), "Released Claim" includes, without limitation, any Claim for alleged harm or damage arising out of the past, present, or future operation of such a Dedication Agreement through and including the date of its natural expiration (i.e., its original date of expiration without regard to any extension or renewal of the Dedication Agreement that is entered into after the Effective Date). Notwithstanding the foregoing, except as provided in the immediately preceding sentence with respect to Dedication Agreements, Discover Released Claims shall not include (i) any Claim subsequent to the Effective Date for injunctive relief; (ii) any Claim for damages incurred after the Effective Date against any Visa Released Entity or MasterCard Released Entity arising from (X) the existence or operation of any conduct, contract, MasterCard Rule or Visa Rule put into effect after the Effective Date or (Y) any act or conduct applicable to a contract, MasterCard Rule or Visa Rule that was in existence prior to the Effective Date that is inconsistent with Visa's or MasterCard's respective practice prior to the Effective Date; (iii) any Claim for damages incurred after the Effective Date against any MasterCard Released Entity arising from the existence or operation of any MasterCard Rule that would prohibit MasterCard-branded debit cards from participating in PULSE in the United States, or the PULSE Mark from appearing on the back of such cards after the Effective Date; or (iv) any Party's Claim regardless of the legal theory upon which it is based, against any other Party for the alleged breach of or to seek the enforcement of this Release and Settlement Agreement View More