Buyer’s and Company’s Release. Buyer and Company hereby release, acquit and forever discharge Seller and any and all of his respective agents, servants, employees, attorneys, representatives, beneficiaries, successors, and assigns (collectively referred to as the “Seller Released Parties”) from any and all claims, contingent claims, counter-claims, third-party claims, liabilities, demands, losses, judgments, actions, suits, causes of action, accounting rights, damages, punitive damages, and interests, direct or derivative, known or unknown, xxxxxx or inchoate, and whether or not the Seller Released Parties and/or any of them are at fault, that Buyer and Company had, now has, may have at any time in the future, or claims to have or have had, from the beginning of the world through and including the Closing Date of this Agreement, as a result of, concerning arising from or with respect to the Purchased Shares or the Seller’s sale thereof or Seller’s employment with the Company. Notwithstanding the foregoing, nothing in this Section 7(b) shall be a release with regard to the Seller Released Parties as to this Agreement, the Non-Solicitation Agreement and/or the Consulting Agreement, nor shall this Section 7(b) limit Buyer’s ability to enforce, as against Seller Release Parties, the terms of this Agreement, the Non-Solicitation Agreement and/or the Consulting Agreement, as the case may be.
Buyer’s and Company’s Release. As a material inducement to the Executive and the IMC Entities to enter into this agreement, Buyer and the Company, on behalf of themselves, their respective controlled subsidiaries and affiliates, and their respective directors, officers, representatives, agents, successors and assigns (collectively with Buyer and the Company, the “Buyer Group”), and with full understanding of the contents and legal effect of this agreement and having the right and opportunity to consult with its counsel, release and discharge the Executive, his agents and representatives, his and their successors, heirs, executors, administrators, and assigns (collectively, the “Executive Released Parties”) from any and all claims, actions, causes of action, grievances, suits, charges, or complaints of any kind or nature whatsoever, that it ever had or now has through the date hereof, whether fixed or contingent, liquidated or unliquidated, known or unknown, suspected or unsuspected, and whether arising in tort, contract, statute, or equity, before any federal, state, local, or private court, agency, arbitrator, mediator, or other entity, regardless of the relief or remedy. Without limiting the generality of the foregoing, it being the intention of the parties to make this release as broad and as general as the law permits, this release specifically includes, but is not limited to, any and all subject matter and claims arising out of or involving the Executive’s employment with the Company or the termination of the Executive’s employment with the Company, or involving any other matter. Each member of the Buyer Group further acknowledges that it is aware that statutes exist that render null and void releases and discharges of any claims, rights, demands, liabilities, action and causes of action which are unknown to the releasing or discharging party at the time of execution of the release and discharge. Each member of the Buyer Group hereby expressly waives, surrenders and agrees to forego any protection to which it would otherwise be entitled by virtue of the existence of any such statute in any jurisdiction. The release provided by this
