Compromise and Settlement. No compromise, settlement, release, renewal, extension, indulgence, change in, waiver or modification of any of the Obligations or the release or discharge of Borrower from the performance of any of the Obligations shall release or discharge Guarantor from this Guaranty or the performance of the obligations hereunder.
Compromise and Settlement. Executive, in consideration of the promises and covenants made by Employer in this Agreement, hereby compromises, settles and releases the Released Parties from any and all past, present, or future claims, demands, obligations or causes of action, whether based on tort, contract, or other theories of recovery arising from the employment relationship between Employer and Executive, and the termination of the employment relationship. Such claims include those Executive may have or has against the Released Parties. This Release does not apply to claims Executive may bring seeking workers’ compensation benefits under California Labor Code section 3600, et seg., but does apply to claims under California Labor Code sections 132a and 4553.
Compromise and Settlement. The Plan shall contain customary provisions for the compromise and settlement of Claims stating that, notwithstanding anything in the Plan to the contrary, the allowance, classification and treatment of allowed Claims and equity interests and their respective distributions take into account and conform to the relative priority and rights of such Claims and interests in connection with any contractual, legal and equitable subordination rights relating thereto, whether arising under general principles of equitable subordination, Section 510 of the Bankruptcy Code or otherwise.
Compromise and Settlement. On the occurrence of an Event of Default or at any time thereafter, Secured Party may demand, xxx for, collect, or make any compromise or settlement with reference to the Collateral as Secured Party chooses in its sole discretion.
Compromise and Settlement. This Agreement is entered into solely by way of compromise and settlement of all outstanding matters among the parties as of the Effective Date and is not and shall not be construed as an admission of liability, responsibility or fault by any party.
Compromise and Settlement. No compromise, settlement, release, renewal, extension, indulgence, change in, waiver or modification of any of the Guaranteed Obligations or the release or discharge of Issuer, any Seller or Manager, as the case may be, from the performance of any of the Guaranteed Obligations shall release or discharge Guarantor from this Guaranty.
Compromise and Settlement. 1. Except as expressly described in Section C.2, and in consideration of and specifically upon execution of this Agreement and satisfaction of all the payment obligations in Section D below, the Settling Parties on their own behalf and on behalf of their respective heirs, predecessors, successors, past, present, and future members, managers, officers, directors, shareholders, employees, representatives, agents, consultants, insurer(s) and attorneys (referred to collectively below as “Representatives”) release and forever discharge each Settling Party and each Settling Party’s Representatives from any and all claims, liens, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever related to or arising out of the Incident, whether known or unknown, including all expenses, costs, attorneys’ fees, and for damages of every kind, nature, or basis arising out of or relating to the Incident. This release includes insurance coverage (including, but not limited to, additional insured (“AI”) requests) and claims for contribution or indemnity.
2. Blue Bucket and Xxxx expressly reserve their claims against each other.
3. This Section C is not intended to and does not release claims for breach of this Agreement.
4. The Settling Parties acknowledge and assume the risk that the alleged damages may be other than what the Settling Parties now believe, that new or unforeseen damages may occur, or that the alleged damages may not be as severe as alleged. The Settling Parties acknowledge that their information regarding the facts alleged is sufficient to enter into this Agreement. Each Settling Party therefore accepts and assumes all risk and agrees that this Agreement shall be and remain in all respects effective and not subject to termination or rescission by virtue of any mistake, change, or difference in facts.
5. The Settling Parties represent and warrant that the rights, responsibilities, and liabilities that are the subject of this Agreement have not been assigned or otherwise conveyed by them or by anyone on their behalf, in whole or in part, contingent or present, to any person, entity, or organization. The Settling Parties further represent and warrant that they will not assign rights, responsibilities, and/or liabilities that are the subject of this Agreement, in whole or in part, contingent or present, to any person, entity, or organization subsequent to signing this Agreement.
6. The Beneficiary Parties agree and warrant that all expe...
Compromise and Settlement. Employee, in consideration of the promises and covenants made by Employer in this Agreement, hereby compromises, settles and releases Employer and Released Parties from any and all past, present, or future claims, demands, obligations or causes of action, whether based on tort, contract, violation of statute or other theories of recovery arising from the employment relationship between Employer and Employee, and the termination of the employment relationship. Such claims include those Employee may have or has against Employer or Released Parties.
Compromise and Settlement. Each of the Parties hereto agrees that none of the communications (whether oral or in writing) between and/or among the Parties, their counsel and/or their respective representatives relating to, concerning or in connection with, nor the execution and delivery of, this Agreement and the Settlement Documents constitute an admission of any liability but constitute a compromise and settlement.
Compromise and Settlement. The indemnifying Party shall consult with the indemnified Party prior to undertaking any compromise or settlement of any Claim, and the indemnified Party, will have the right, at its sole option and discretion, by written notice to the indemnifying Party, to refuse any such compromise or settlement that (in the indemnified Party’s reasonable opinion) might prejudice the rights of the indemnified Party, and, to take over the defense, compromise or settlement of such Claim; provided, however, upon receipt of such written notice of refusal from the indemnified Party, the indemnifying Party will be deemed automatically released from any further obligation to indemnify, defend or hold the indemnified Party harmless from or against any Loss arising from such Claim (but such release will not affect the Parties rights or obligations arising under any other Claim).
