By Plaintiff Sample Clauses

By Plaintiff. Plaintiff, on behalf of itself and on behalf of its successors and assigns, hereby covenants and agrees that it:

By Plaintiff. Except for obligations under this Agreement, Plaintiff (for himself and his successors in interest, predecessors in interest, heirs, assigns, employees, attorneys, partners, officers and directors) hereby unconditionally remises, releases, acquits, satisfies and forever discharges Defendants and their respective past and present parents, subsidiaries, affiliates, predecessor entities, officers, directors, stockholders, employees, insurers, attorneys, accountants, heirs, predecessors, successors and assigns (collectively, the “Defendant Released Parties”), of and from any and all claims, actions, causes of action, suits, debts, sums of money, accounts, reckonings, contracts, controversies, agreements, promises, damages, costs, expenses (including but not limited to attorneys’ fees), and demands whatsoever, in law or in equity, which Plaintiff had or now has, or which any successor or assign of Plaintiff hereafter can, shall or may have, against any of the Defendant Released Parties for, upon, or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of this Agreement, whether known or unknown, direct or indirect, vested or contingent, suspected or unsuspected, asserted or unasserted (the “Claims”). Without limiting the generality of the foregoing, this release includes the release of any and all Claims which were or could have been raised or asserted by Plaintiff against the Defendant Released Parties in the Action. Notwithstanding the foregoing, Plaintiff expressly excludes from the effect of this release and does not release the Defendant Released Parties from: (a) the terms and conditions of the definitive settlement documents to which reference is made above, and (b) to the extent the Defendant Released Parties have any authority to bind IFTH Acquisition Corp., Plaintiff’s rights to exercise Plaintiff’s options in IFTH Acquisition Corp., formerly known as Infotech and referred to hereafter as “Infotech.” The parties also agree that nothing contained in this Agreement shall have any effect on Plaintiff’s rights to exercise Plaintiff’s options in Infotech, to the extent the Defendant Released Parties have any authority to bind Infotech, they agree that Plaintiff’s options are valid and enforceable through their expiration date.

By Plaintiff. Consistent with the representations, warranties and covenants made in this Agreement, as of the Dismissal Effective Date, Plaintiff and each of the other Plaintiff Releasees, hereby fully, finally and forever release, relinquish, acquit and discharge each of the Defendant Releasees of and from, and covenant not to xxx, not to assign to any other person or entity a right to xxx, and not to authorize any other person or entity to xxx, *Confidential Treatment Requested. Omitted portions filed with the Commission. any Defendant Releasee for, the claims, counterclaims and demands that were or could have been asserted in the District Court Case and any damages or other remedies flowing therefrom; provided, however, that the foregoing release in this Section 3.2 will not apply to any claims that arise from or relate to any breach of any representation, warranty, obligation or other term or condition of this Agreement.

By Plaintiff. Xx. Xxxxxx Xxxxxxx Date BY DEFENDANTS: For The Board of Trustees of the University of Illinois Xxxxxx X. Xxxxx, Comptroller Date Attest: Xxxxx X. XxxxXxxxxxxxx to the Board of Trustees Xxxxxxxxxxx Xxxxxxx Date Xxxxxxx Xxxxxxx Date Xxxxxxx X. Xxxxxxxxxx Date Xxxxx Xxxxxx Date Xxxxxxxx Xxxxx Xxxxxx Date Xxxxxxx Xxxxxx Date Xxxxxx X. XxXxxxxx Date Xxxxxx Xxxxxxx Date Xxxxxx Xxxxxx Date Xxxxxxxxxx Xxxxxx Date