Claims Release. As additional consideration to the execution, delivery, and performance of this Amendment by the parties hereto and to induce Agent and the Lenders to enter into this Amendment, Borrower and each Guarantor hereby represents and warrants that it does not know of any defenses, counterclaims or rights of setoff to the payment of any Obligations of Borrower or any Guarantor to Agent and/or the Lenders. In consideration of the amendments contained herein, Borrower and each Guarantor hereby waives and releases each of the Lenders and Agent from any and all claims and defenses, known or unknown, with respect to the Credit Agreement and the other Loan Documents and the transactions contemplated thereby.
Claims Release. Each Loan Party hereby fully, finally and forever releases, waives, and discharges Agent and each Lender and its successors, assigns, directors, officers, employees, agents and representatives (each a “Releasee”) from any and all actions, causes of action, claims, debts, demands, liabilities, obligations and suits (“Claims”) of whatever kind or nature, in law or in equity, that such Loan Party has or in the future may have, whether known or unknown, arising from events prior to the date hereof in respect to the Loan and the Loan Documents; provided, that with respect to any Releasee, the foregoing release shall not apply to (x) any Claims arising as a result of material breach by, such Releasee of this Amendment, or (y) any Claims resulting from such Releasee’s gross negligence, willful misconduct or bad faith as determined by a final, non-appealable judgment of a court of competent jurisdiction.
Claims Release. Seller has no liability for any defect in quality, or ---------------- shortage in quantity, of any of Seller's products delivered unless Buyer gives Seller or Seller's authorized distributor notice of Buyer's claim within: (a) two (2) days after delivery for shortages in quantity of Seller's products, or (b) within four (4) days after delivery for quality deficiencies, and further provides Seller with a reasonable opportunity to inspect Seller's products and take test samples. Any other claim by Buyer of any kind, based on or arising out of this Supply Contract or otherwise, is waived and barred unless Seller is given written notice within one hundred eighty (180) days after the event, action, or inaction to which the claim relates. Further, any claim is waived by Buyer and barred unless asserted by the commencement of an action within twelve (12) months after the event, action, or inaction to which the claim relates. Seller is not liable for prospective profits or special, indirect, or consequential damage.
Claims Release. VG shall execute and deliver (i) any Informed Consents required in order to comply with 14 CFR §460.9, and (ii) any Reciprocal Waiver of claims required in order to comply with 14 CFR §440.17. Additionally, VO shall obtain such Informed Consent and Reciprocal Waiver from any crew and its customers and such Informed Consents and/or Reciprocal Waivers, as applicable, shall cover all contractors (including Virgin Galactic, LLC). XXXXXXXX X-0 Xxxxxxx and Accounting Services Service Provider: VG Recipient: VO Service Period: Effective Date through December 31, 2019. Service Personnel: [***] [***] [***] Project Managers: VO Manager: [***] VG Manager: [***] Service Location: [***] [***]
Claims Release. The Borrower hereby fully, finally and forever release, waive, and discharge the Lender and its successors, assigns, directors, officers, employees, agents and representatives from any and all actions, causes of action, claims, debts, demands, liabilities, obligations and suits of whatever kind or nature, in law or in equity, that the Borrower, or any of them, have or in the future may have, whether known or unknown, arising from events prior to the date hereof in respect to the Loan and the Loan Documents.
Claims Release. 3 9. Contingencies.............................................................3 10. Indemnity.................................................................4 11. Permits...................................................................4
Claims Release. Borrower represents and warrants that there exist no claims by Borrower against Lender, its subsidiaries and affiliates and/or their respective directors, trustees, officers, employees, agents, affiliates, successors, administrators and assigns, including, without limitation, Centerline Servicing Inc. (the "Released Parties"), with respect to the Loan Documents or any actions taken by the Released Parties pursuant thereto (“Claims”), and further releases the Released Parties, of and from any and all Claims which may exist as of the date of this Amendment.
