As to Project O&M Costs, and subject to Section Sample Clauses

As to Project O&M Costs, and subject to Section. 9.1.7 hereof, upon the sooner of payment by Defendants of a Lump Sum determined by arbitration pursuant to Section 5.2.6 hereinabove or of payment of all Project O&M pursuant to Article 5, each Plaintiff, on behalf of itself and its predecessors, successors and assigns, hereby forever releases, acquits and forever discharges Xxxxxxxxx and its insurers (including but not limited to AISLIC, ISOP and Steadfast), SCLLC, RFI, RFI Realty, BRLLC, the Buyer, and SSCH and their respective officers, directors, shareholders, employees, agents, representatives, contractors, reinsurers consultants, subsidiaries, affiliates, predecessors, successors and assigns from any and all actions, causes of action, claims, demands, liabilities, damages, penalties, debts, losses, costs, expenses and fees (including, without limitation, litigation costs and attorney and consultant fees) of every kind and nature whatsoever, in law and in equity, in connection with the Project. The releases provided in this Section 12.1.3 exclude any Third Party Claims arising after the Effective Date related to alleged exposure to or release of perchlorate or other chemicals caused by Plaintiffs’ operation of the Project, other than Third Party Claims resulting from the Plaintiffs’ negligence or willful misconduct in operation of the Project.
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