Common use of Future Claims Clause in Contracts

Future Claims. Each party to this Agreement specifically acknowledges and agrees that all rights of any party to pursue Jxxxxx Xxxxxxxxx and any former officers and employees of the Company (the “Company Management Team”) are specifically reserved, except that no claim survives against Valentino notwithstanding his title as Chairman of the Company. Releasor hereby covenants and agrees not to bring or initiate any proceeding to assert any claims, rights or remedies against the Trust, any trustee of the Trust, any Former Director or any Shareholder (other than Shareholders who are also members of the Company Management Team) under the indemnification provisions of the SPA or otherwise that relate in any way to the Claim, to any other potential claims under the SPA or to the Transaction; provided, however, that all parties acknowledge and agree that any claims by Releasor against the Trust or any Shareholder for breach of any representation or warranty contained in Sections 3 and 4(e) of the SPA are specifically preserved (the “Preserved Claims”). For purposes of clarity, Releasor and its successors and assigns shall have no further rights to indemnification under Section 8 of the SPA other than claims against the Company Management Team and other than the Preserved Claims.

Future Claims. Each party to this Agreement specifically acknowledges and agrees that all rights of any party to pursue Jxxxxx Xxxxxx Xxxxxxxxx and any former officers and employees of the Company (the “Company Management Team”) are specifically reserved, except that no claim survives against Valentino Xxxxxxxxx notwithstanding his title as Chairman of the Company. Releasor hereby covenants and agrees not to bring or initiate any proceeding to assert any claims, rights or remedies against the Trust, any trustee of the Trust, any Former Director or any Shareholder (other than Shareholders who are also members of the Company Management Team) under the indemnification provisions of the SPA or otherwise that relate in any way to the Claim, to any other potential claims under the SPA or to the Transaction; provided, however, that all parties acknowledge and agree that any claims by Releasor against the Trust or any Shareholder for breach of any representation or warranty contained in Sections 3 and 4(e) of the SPA are specifically preserved (the “Preserved Claims”). For purposes of clarity, Releasor and its successors and assigns shall have no further rights to indemnification under Section 8 of the SPA other than claims against the Company Management Team and other than the Preserved Claims.