Final Release. This Full and Final Release is made as at the 14th day of August 2020. IN CONSIDERATION OF the issuance by Target Group Inc. to Ruxxx Xchindermann of 10,000,000 shares of the common stock of Target Group Inc., and further and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, RUXXX XCHINDERMANN, for himself, his heirs, agents, successors, and assigns and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as the “Schindermann”), HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION: TARGET GROUP INC., VISAVA INC., CANNAKORP INC., and CANARY RX INC. for themselves, and for their affiliates, subsidiaries, shareholders, partners, officers, directors, associates, employees, servants, agents, successors and assigns, and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as “Target Group”), from all manner of actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, complaints, claims and demands for damages, monies, losses, indemnity, costs, interest in loss, or injuries (collectively “Claims”) which hereto may have been or may hereafter be sustained by Schindermann howsoever arising from and howsoever relating to Schindermann’s employment with Target Group, Schindermann serving or acting as an officer or director of the Target Group, and Schindermann providing any other services to Target including with limitation, the termination or removal of all of the foregoing and any and all Claims with respect to salary, remuneration, repayment of expenses, bonuses, fringe benefits, vacation pay, employee stock option plans, bonus plans, termination of medical benefits or any other employment benefit or fringe benefit of any kind whatsoever as well as all entitlements, including termination pay and severance pay, under the Employment Standards Act, 2000 or the common law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Schindermann declares that the intent of this Full and Final Release is to conclude all issues arising from the matters set forth above and it is understood and agreed that this Full and Final Release is intended to cover, and does cover, not only all known injuries, losses and damages, but also injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereof. AND FOR THE SAID CONSIDERATION it is agreed and understood that the Schindermann will not make any claims or take or participate in any civil or administrative proceedings concerning any matters covered by this Full and Final Release, and will not make any claims or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statue or regulation, including the Negligence Act and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, against Target Group, in connection with the matters outlined above. IT IS AGREED AND UNDERSTOOD that if Schindermann commences such an action, or take such proceedings, and Target Group is added to such proceeding in any manner whatsoever, whether justified in law or not, Schindermann will immediately discontinue the proceedings and/or claims, and that Schindermann will be jointly and severally liable to Target Group for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Full and Final Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future with respect to the matters covered by this Full and Final Release. This Full and Final Release may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by Schindermann in any subsequent action that the other parties in the subsequent action were not privy to formation of this Full and Final Release.
Appears in 1 contract
Samples: Debt Purchase and Assignment Agreement (Target Group Inc.)
Final Release. This Full KNOW ALL MEN BY THESE PRESENTS that I, XXXXX XXXXXX, of the City of Calgary, in the Province of Alberta, in consideration of the amounts provided in that certain Agreement Respecting Change of Control and Final Release is made Executive Benefit Plan Entitlements (the “Agreement”) dated as at of the 14th day of August 2020, 2009 between myself and NEXEN INC. IN CONSIDERATION OF the issuance by Target Group Inc. to Ruxxx Xchindermann of 10,000,000 shares of the common stock of Target Group Inc., and further and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, RUXXX XCHINDERMANNdo for myself, for himselfmy executors and assigns hereby remise, his heirs, agents, successorsrelease and forever discharge the Corporation, and assigns any associated, affiliated, predecessor or parent corporation of the Corporation and on behalf of any party or parties who claim a right or interest through them their present and former directors, officers, agents and employees (hereinafter individually and collectively referred to as the “SchindermannReleasees”), HEREBY RELEASEincluding each of their respective successors, ACQUITheirs, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION: TARGET GROUP INC., VISAVA INC., CANNAKORP INC., and CANARY RX INC. for themselves, and for their affiliates, subsidiaries, shareholders, partners, officers, directors, associates, employees, servants, agents, successors administrators and assigns, and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as “Target Group”), from all manner of actions, causes of action, suits, debts, dues, accounts, bondsobligations, covenants, contractsclaims or demands, complaintswhatsoever which I may ever have had, claims and demands for damages, monies, losses, indemnity, costs, interest in lossnow have, or injuries (collectively “Claims”) which hereto may have been can, shall or may hereafter be sustained have against the Releasees or any of them, by Schindermann howsoever reason of or arising from out of any cause, matter or thing whatsoever done, occurring or existing up to and howsoever relating including the present date and, in particular, without in any way restricting the generality of the foregoing, in respect of all claims of any nature whatsoever, past, present or future, directly or indirectly related to Schindermann’s employment or arising out of or in connection with Target Groupmy relationship with the Releasees, Schindermann serving or acting as an employee, officer or director of the Target Groupdirector, and Schindermann providing any other services to Target including with limitation, the termination of my employment from the Corporation including, but not limited to, any claims related to any entitlement I may have or removal of all of the foregoing and may have had to any and all Claims with respect to salary, remuneration, repayment of expenses, bonuses, fringe benefits, vacation pay, employee stock option plans, bonus plans, termination of medical benefits payment or any other employment benefit claim either at common law or fringe benefit of any kind whatsoever as well as all entitlements, including termination pay and severance pay, under the Employment Standards ActCode, 2000 Human Rights, Citizenship and Multiculturalism Act or any other applicable legislation governing or related to my employment with the common law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Schindermann declares that the intent of this Full and Final Release is to conclude all issues arising from the matters set forth above and it is understood and agreed that this Full and Final Release is intended to cover, and does cover, not only all known injuries, losses and damages, but also injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereofReleasees. AND FOR THE SAID CONSIDERATION it is agreed CONSIDERATION, I, XXXXX XXXXXX, represent and understood warrant that I have not assigned to any person, firm or corporation any of the Schindermann will actions, causes of action, claims, suits, executions or demands which I release by this Release, or with respect to which I agree not to make any claims or take or participate in any civil or administrative proceedings concerning any matters covered by this Full and Final Release, and will not make any claims claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statue or regulation, including the Negligence Act and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, against Target Group, in connection with the matters outlined above. IT IS AGREED AND UNDERSTOOD that if Schindermann commences such an action, or take such proceedings, and Target Group is added to such proceeding in any manner whatsoever, whether justified in law or not, Schindermann will immediately discontinue the proceedings and/or claims, and that Schindermann will be jointly and severally liable to Target Group for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Full and Final Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future with respect to the matters covered by this Full and Final Release. This Full and Final Release may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by Schindermann in any subsequent action that the other parties in the subsequent action were not privy to formation of this Full and Final Releaseherein.
Appears in 1 contract
Final Release. This Full and Final Release is made KNOW ALL MEN BY THESE PRESENTS that I, XXXX NIEUWENBURG of the City of Calgary, in the Province of Alberta, in consideration of the amounts provided in that certain Change of Control Agreement (the “Change of Control Agreement”) dated as at of the 14th day of August 2020December, 2001 between myself and NEXEN INC. IN CONSIDERATION OF (the issuance by Target Group Inc. to Ruxxx Xchindermann of 10,000,000 shares of the common stock of Target Group Inc., “Corporation”) and further and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, RUXXX XCHINDERMANNdo for myself, for himselfmy executors and assigns hereby remise, his heirs, agents, successorsrelease and forever discharge the Corporation, and assigns any associated, affiliated, predecessor or parent corporation of the Corporation and on behalf of any party or parties who claim a right or interest through them their present and former directors, officers, agents and employees (hereinafter individually and collectively referred to as the “SchindermannReleasees”), HEREBY RELEASEincluding each of their respective successors, ACQUITheirs, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION: TARGET GROUP INC., VISAVA INC., CANNAKORP INC., and CANARY RX INC. for themselves, and for their affiliates, subsidiaries, shareholders, partners, officers, directors, associates, employees, servants, agents, successors administrators and assigns, and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as “Target Group”), from all manner of actions, causes of action, suits, debts, dues, accounts, bondsobligations, covenants, contractsclaims or demands, complaintswhatsoever which I may ever have had, claims and demands for damages, monies, losses, indemnity, costs, interest in lossnow have, or injuries (collectively “Claims”) which hereto may have been can, shall or may hereafter be sustained have against the Releasees or any of them, by Schindermann howsoever reason of or arising from out of any cause, matter or thing whatsoever done, occurring or existing up to and howsoever relating including the present date and, in particular, without in any way restricting the generality of the foregoing, in respect of all claims of any nature whatsoever, past, present or future, directly or indirectly related to Schindermann’s employment or arising out of or in connection with Target Groupmy relationship with the Releasees, Schindermann serving or acting as an employee, officer or director of the Target Groupdirector, and Schindermann providing any other services to Target including with limitation, the termination of my employment from the Corporation including, but not limited to, any claims related to any entitlement I may have or removal of all of the foregoing and may have had to any and all Claims with respect to salary, remuneration, repayment of expenses, bonuses, fringe benefits, vacation pay, employee stock option plans, bonus plans, termination of medical benefits payment or any other employment benefit claim either at common law or fringe benefit of any kind whatsoever as well as all entitlements, including termination pay and severance pay, under the Employment Standards ActCode, 2000 Human Rights, Citizenship and Multiculturalism Act or any other applicable legislation governing or related to my employment with the common law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Schindermann declares that the intent of this Full and Final Release is to conclude all issues arising from the matters set forth above and it is understood and agreed that this Full and Final Release is intended to cover, and does cover, not only all known injuries, losses and damages, but also injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereofReleasees. AND FOR THE SAID CONSIDERATION it is agreed CONSIDERATION, I, XXXX NIEUWENBURG, represent and understood warrant that I have not assigned to any person, firm or corporation any of the Schindermann will actions, causes of action, claims, suits, executions or demands which I release by this Release, or with respect to which I agree not to make any claims or take or participate in any civil or administrative proceedings concerning any matters covered by this Full and Final Release, and will not make any claims claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statue or regulation, including the Negligence Act and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, against Target Group, in connection with the matters outlined above. IT IS AGREED AND UNDERSTOOD that if Schindermann commences such an action, or take such proceedings, and Target Group is added to such proceeding in any manner whatsoever, whether justified in law or not, Schindermann will immediately discontinue the proceedings and/or claims, and that Schindermann will be jointly and severally liable to Target Group for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Full and Final Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future with respect to the matters covered by this Full and Final Release. This Full and Final Release may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by Schindermann in any subsequent action that the other parties in the subsequent action were not privy to formation of this Full and Final Releaseherein.
Appears in 1 contract
Final Release. This Full and Final Release is made as at the 14th day of August 2020. IN CONSIDERATION OF the issuance by Target Group Inc. to Ruxxx Xchindermann of 10,000,000 shares In consideration of the common stock of Target Group Inc.terms set out in the attached Separation Agreement, and further and other good and valuable considerationdated June 22, 2020 (the receipt and sufficiency of which is hereby acknowledged“Separation Agreement”), RUXXX XCHINDERMANNI, for himselfXXXXX X. XXXXXXX, his heirs, agents, successors, and assigns and on behalf of any party or parties who claim a right or interest through them my heirs, administrators and assigns, hereby release and forever discharge LOYALTYONE, CO. and ALLIANCE DATA SYSTEMS CORPORATION, their parents, subsidiaries and affiliates and each of its respective officers, directors, employees, servants and agents, and its successors and assigns (hereinafter individually and collectively referred to as the “SchindermannReleasee”), HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION: TARGET GROUP INC., VISAVA INC., CANNAKORP INC., ) jointly and CANARY RX INC. for themselves, severally from any and for their affiliates, subsidiaries, shareholders, partners, officers, directors, associates, employees, servants, agents, successors and assigns, and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as “Target Group”), from all manner of actions, causes of action, suitscomplaints, debts, dues, accounts, bonds, contracts and covenants, contracts, complaintswhether express or implied, claims and demands for damages, monies, losses, indemnity, costs, interest in lossinterest, loss or injuries (collectively “Claims”) injury of every nature and kind whatsoever arising, which hereto I may heretofore have been had, may now have or may hereafter be sustained by Schindermann howsoever arising from and howsoever hereinafter have in any way relating to Schindermann’s my hiring by, my employment with Target Group, Schindermann serving or acting as an officer or director of the Target Group, and Schindermann providing any other services to Target including with limitation, the termination or removal of all of the foregoing and my employment by Releasee, which specifically includes but is not limited to any and all Claims with respect to claims for salary, remunerationwages, repayment commission, notice, pay in lieu of expensesnotice, bonusestermination pay, fringe benefitsseverance pay, wrongful dismissal, bonus, overtime pay, equity, incentive compensation, interest, vacation pay, employee stock option plansholiday pay, bonus plansor benefits, termination of medical benefits or any other claims at common law, in equity, contractually or pursuant to the 2015 Omnibus Incentive Plan, statute, including applicable employment benefit standards or fringe human rights legislation. I hereby declare that I am aware of my rights under the Human Rights Code that I have discussed or otherwise canvassed any and all human rights complaints, concerns or issues arising out of or with respect to my employment with Releasee, and that I am not asserting such rights or advancing any human rights claim or compliant. For the said consideration, I further agree not to make any claim, initiate or continue any proceeding against any other individual, partnership, association, trust, unincorporated organization or corporation with respect to the matters dealt with by this Final Release who may claim contribution or indemnity or any other relief from Releasee, or any one of them, by virtue of said claim or proceeding. And for the said consideration I further covenant and agree to save harmless and indemnify Releasee from and against all claims, charges, taxes or penalties and demands which may be made by the appropriate taxing authorities in Canada and Ontario requiring Releasee, or any one of them, to pay income tax, charges or penalties under applicable statutes and regulations in respect of income tax payable by me for services I rendered to Releasee; and in respect of any and all claims, charges, taxes, or penalties and demands which may be found payable by Releasee in respect of myself relating to governmentally regulated or other employment insurance or pension plan programs. I expressly declare, except as set out in the Separation Agreement, that I have no claim of any nature or kind to any entitlement whatsoever arising under or from any group health or welfare insurance policy maintained by Releasee for the benefit of any kind whatsoever its employees including disability or life insurance plans. And for the consideration, I further agree not to discuss or disclose the terms of the Separation Agreement and this Final Release except to my counsel, immediate family, financial advisor, or as well as all entitlements, including termination pay and severance pay, under the Employment Standards Act, 2000 or the common required by law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGI hereby declare and agree that if I make any claim, Schindermann declares demand or complaint or take any action or proceeding against Releasee, or any one of them, arising out of the matters described in this Final Release, that the intent of this Full and Final Release is shall be deemed to conclude all issues arising be a complete defense and bar to any such claim, demand, complaint, action or proceeding. Provided, however, that nothing in this Release affects or prevents me from bringing a claim or proceeding against the matters set forth above and it Releasee in the event of the breach of any term or condition of the Separation Agreement. It is understood and agreed that this Full the giving of the aforementioned consideration is deemed to be no admission of liability on the part of Releasee, said liability in fact being denied. I hereby declare and Final Release is intended agree that I have had the opportunity to cover, and does cover, not only all known injuries, losses and damages, but also injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereof. AND FOR THE SAID CONSIDERATION it is agreed and understood that the Schindermann will not make any claims or take or participate in any civil or administrative proceedings concerning any matters covered by this Full and Final Release, and will not make any claims or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statue or regulation, including the Negligence Act and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, against Target Group, in connection with the matters outlined above. IT IS AGREED AND UNDERSTOOD that if Schindermann commences such an action, or take such proceedings, and Target Group is added to such proceeding in any manner whatsoever, whether justified in law or not, Schindermann will immediately discontinue the proceedings and/or claims, and that Schindermann will be jointly and severally liable to Target Group for the seek independent legal costs incurred in any such proceeding, on a substantial indemnity basis. This Full and Final Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future advice with respect to the matters covered by execution of this Full and Final Release. This Full I further confirm that I have read and understood this Final Release may be pleaded and that I am executing this Final Release in a free and voluntary manner and that I am under no duress or undue influence in so doing. I hereby voluntarily accept the event any such claimterms of this Final Release for the purpose of making full and final compromise, action, complaint or proceeding is brought, adjustment and settlement of all claims as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection aforesaid. This release will be raised by Schindermann deemed to have been made in any subsequent action that and shall be construed in accordance with the other parties in laws of the subsequent action were not privy to formation province of this Full and Final ReleaseOntario.
Appears in 1 contract
Final Release. This Full and Final Release is made as at the 14th day of August 2020. IN CONSIDERATION OF the issuance by Target Group Inc. to Ruxxx Xchindermann of 10,000,000 shares In consideration of the common stock of Target Group Inc.terms set out in the attached Separation Agreement, and further and other good and valuable considerationdated May 31, 2022 (the receipt and sufficiency of which is hereby acknowledged“Separation Agreement”), RUXXX XCHINDERMANNI, for himselfXXXXX XXXXXXX, his heirs, agents, successors, and assigns and on behalf of any party or parties who claim a right or interest through them my heirs, administrators and assigns, hereby release and forever discharge LOYALTYONE, CO. and LOYALTY VENTURES INC., their parents, subsidiaries and affiliates and each of its respective officers, directors, employees, servants and agents, and its successors and assigns (hereinafter individually and collectively referred to as the “SchindermannReleasee”), HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION: TARGET GROUP INC., VISAVA INC., CANNAKORP INC., ) jointly and CANARY RX INC. for themselves, severally from any and for their affiliates, subsidiaries, shareholders, partners, officers, directors, associates, employees, servants, agents, successors and assigns, and on behalf of any party or parties who claim a right or interest through them (hereinafter individually and collectively referred to as “Target Group”), from all manner of actions, causes of action, suitscomplaints, debts, dues, accounts, bonds, contracts and covenants, contracts, complaintswhether express or implied, claims and demands for damages, monies, losses, indemnity, costs, interest in lossinterest, loss or injuries (collectively “Claims”) injury of every nature and kind whatsoever arising, which hereto I may heretofore have been had, may now have or may hereafter be sustained by Schindermann howsoever arising from and howsoever hereinafter have in any way relating to Schindermann’s my hiring by, my employment with Target Group, Schindermann serving or acting as an officer or director of the Target Group, and Schindermann providing any other services to Target including with limitation, the termination or removal of all of the foregoing and my employment by Releasee, which specifically includes but is not limited to any and all Claims with respect to claims for salary, remunerationwages, repayment commission, notice, pay in lieu of expensesnotice, bonusestermination pay, fringe benefitsseverance pay, wrongful dismissal, bonus, overtime pay, equity, incentive compensation, interest, vacation pay, employee stock option plansholiday pay, bonus plansor benefits, termination of medical benefits or any other claims at common law, in equity, contractually or pursuant to the Loyalty Ventures Inc. 2021 Omnibus Incentive Plan, statute, including applicable employment benefit standards or fringe human rights legislation. I hereby declare that I am aware of my rights under the Human Rights Act that I have discussed or otherwise canvassed any and all human rights complaints, concerns or issues arising out of or with respect to my employment with Releasee, and that I am not asserting such rights or advancing any human rights claim or compliant. For the said consideration, I further agree not to make any claim, initiate or continue any proceeding against any other individual, partnership, association, trust, unincorporated organization or corporation with respect to the matters dealt with by this Final Release who may claim contribution or indemnity or any other relief from Releasee, or any one of them, by virtue of said claim or proceeding. And for the said consideration I further covenant and agree to save harmless and indemnify Releasee from and against all claims, charges, taxes or penalties and demands which may be made by the appropriate taxing authorities in Canada and Alberta requiring Releasee, or any one of them, to pay income tax, charges or penalties under applicable statutes and regulations in respect of income tax payable by me for services I rendered to Releasee; and in respect of any and all claims, charges, taxes, or penalties and demands which may be found payable by Releasee in respect of myself relating to governmentally regulated or other employment insurance or pension plan programs. I expressly declare, except as set out in the Separation Agreement, that I have no claim of any nature or kind to any entitlement whatsoever arising under or from any group health or welfare insurance policy maintained by Releasee for the benefit of any kind whatsoever its employees including disability or life insurance plans. And for the consideration, I further agree not to discuss or disclose the terms of the Separation Agreement and this Final Release except to my counsel, immediate family, financial advisor, or as well as all entitlements, including termination pay and severance pay, under the Employment Standards Act, 2000 or the common required by law. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGI hereby declare and agree that if I make any claim, Schindermann declares demand or complaint or take any action or proceeding against Releasee, or any one of them, arising out of the matters described in this Final Release, that the intent of this Full and Final Release is shall be deemed to conclude all issues arising be a complete defense and bar to any such claim, demand, complaint, action or proceeding. Provided, however, that nothing in this Release affects or prevents me from bringing a claim or proceeding against the matters set forth above and it Releasee in the event of the breach of any term or condition of the Separation Agreement. It is understood and agreed that this Full the giving of the aforementioned consideration is deemed to be no admission of liability on the part of Releasee, said liability in fact being denied. I hereby declare and Final Release is intended agree that I have had the opportunity to cover, and does cover, not only all known injuries, losses and damages, but also injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effects and consequences thereof. AND FOR THE SAID CONSIDERATION it is agreed and understood that the Schindermann will not make any claims or take or participate in any civil or administrative proceedings concerning any matters covered by this Full and Final Release, and will not make any claims or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statue or regulation, including the Negligence Act and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, against Target Group, in connection with the matters outlined above. IT IS AGREED AND UNDERSTOOD that if Schindermann commences such an action, or take such proceedings, and Target Group is added to such proceeding in any manner whatsoever, whether justified in law or not, Schindermann will immediately discontinue the proceedings and/or claims, and that Schindermann will be jointly and severally liable to Target Group for the seek independent legal costs incurred in any such proceeding, on a substantial indemnity basis. This Full and Final Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future advice with respect to the matters covered by execution of this Full and Final Release. This Full I further confirm that I have read and understood this Final Release may be pleaded and that I am executing this Final Release in a free and voluntary manner and that I am under no duress or undue influence in so doing. I hereby voluntarily accept the event any such claimterms of this Final Release for the purpose of making full and final compromise, action, complaint or proceeding is brought, adjustment and settlement of all claims as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection aforesaid. This release will be raised by Schindermann deemed to have been made in any subsequent action that and shall be construed in accordance with the other parties in laws of the subsequent action were not privy to formation province of this Full and Final ReleaseAlberta.
Appears in 1 contract