Common use of General Releases Clause in Contracts

General Releases. Effective upon the full execution of this Settlement Agreement by the Parties, the Municipality, on behalf of itself, and its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, predecessors, successors, and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assigns.

General Releases. Effective upon the full execution of this Settlement Agreement by the PartiesFor good and valuable consideration, the Municipalityreceipt and sufficiency of which is hereby acknowledged, on behalf of itselfPlaintiffs, and its agentsfor themselves, their administrators, representatives, personal representativesexecutors, subsidiariessuccessors and assigns, partners, managers, members, and each of their past and present officers, directors, board members, partners, owners, members, supervisors, employees, shareholders, affiliates, divisionsagents and attorneys, predecessorsincluding, successorswithout limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Plaintiff Releasors”), do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each of the Defendants’ past and present officers, officials, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents and attorneys, successors and assigns, hereby waivesincluding without limitation, releases, relinquishes, and forever discharges any and all persons acting by, through, under or in concert with any of them (collectively, “Defendant Releasees”), and each of them from any and all charges, complaints, claims, suitsgrievances, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, debtssuits, liensrights, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, losses, debts and expenses (including reasonable attorneys’ fees and costs that could be awarded in this Lawsuit) (collectively “Claims”) of any nature or kind whatsoever, at whether known or unknown, whether in law or in equity, related to whether joint or several, and whether or not discoverable, including Claims arising under the MUT due United States, the Statutes, local or allegedly due to other governmental codes and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the Municipality allegations contained in the Lawsuit which Plaintiff Releasors may have against each or any of the Defendant Releasees, which Claims arose on or before December 31the Effective Date this Agreement, 2016, which it has brought or could have brought as of EXCEPT that Plaintiff Releasors do not release any claim to enforce the date terms of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assigns.

General Releases. (a) Effective upon as of immediately prior to the full execution of this Settlement Agreement by the PartiesClosing, the MunicipalityRangers Subsidiary, on behalf for itself and for its present subsidiaries (as well as each of itself, and its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, their respective predecessors, successors, and assigns) and each of its past and present directors, managers, officers, employees, agents, representatives, shareholders, members, partners, owners, principals, beneficiaries, trustees and fiduciaries (as well as each of their predecessors, successors, assigns and heirs), in each case in their respective capacities as such (collectively, the “Subsidiary Releasing Parties”), for and in consideration of the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement, the receipt and sufficiency of which are hereby waivesacknowledged, releasesdo hereby fully, relinquishesfinally, and forever discharges release, acquit, and discharge Seller (as well as each of its predecessors, successors, and assigns) and each of their respective past and present directors, managers, officers, employees, agents, representatives, shareholders, members, partners, owners, principals, Affiliates, subsidiaries, beneficiaries, trustees and fiduciaries (as well as each of their respective predecessors, successors, assigns and heirs), in each case in their respective capacities as such (collectively, the “Seller Released Parties”), from: any and all claimsproceedings, suitsagreements, contracts, debts, defaults, complaints, grievances, promises, duties, orders, rulings, audits, settlements, cross- actions, controversies, indemnities, causes of action, debtsXxxxxx, liens, demands, liabilitiesliability, obligations, covenantsrights against the Seller Released Parties, controversies, agreements, promises, damagesrights to reimbursement for fees, costs, and expenses including consultants’ and attorney’s fees and expenses (including any of the foregoing that would arise with the giving of notice and/or the passage of time) of every nature whatsoever (whether direct or indirect, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due) whether based upon tort, fraud, usury, act, omission, representation, failure to disclose, breach of any nature duty of fair dealing, default, breach of confidence, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or kind whatsoevernegligent infliction of mental distress, at law tortious interference with contractual relations, tortious interference with corporate or in equityother governance or prospective business advantage, related breach of contract, deceptive trade practices, libel, slander, breach of fiduciary duty, breach of any duty of fair dealing or good faith, breach of confidence, breach of finding commitment, breach of any duty of loyalty, breach of any duty to account to the MUT due Rangers Subsidiary, breach of any other duty, appropriation of any business opportunity of the Rangers Subsidiary, dealing with the Rangers Subsidiary in an adverse manner, competitive business activity of any kind or allegedly due nature, conspiracy or any other claim (such items being referred to collectively as “Claims”), now held, owned or possessed by any of the Municipality on Subsidiary Releasing Parties, or before December 31, 2016, which it has brought that any of the Subsidiary Releasing Parties may hereafter hold or could have brought as claim to hold from the beginning of time to the date of this Settlement Agreement, against ComEd and/or whether under contract, tort, common law, statutory right or other legal or equitable theory of recovery, known or unknown, arising, directly or indirectly, proximately or remotely, out of, concerning, or in any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges way related to any and all claimsdocuments, suitsinstruments, causes certifications, guaranties, indemnity agreements and other agreements of actionwhatever kind or nature made, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality executed and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assignsdelivered by Seller.

General Releases. Effective upon the full execution of this Settlement Agreement by the Parties, the Municipality, on behalf of itself, and its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, predecessors, successors, and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 20162021, which it has brought or could have brought as of the date of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilitiesxxxxxxxxxxx, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 20162021, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assigns.

General Releases. (a) Effective upon the full execution of this Settlement Agreement by the PartiesClosing, the MunicipalitySellers, on behalf of itselfthemselves and their respective past, present and its future subsidiaries, parents, divisions, Affiliates, agents, representatives, personal insurers, attorneys, successors and assigns (collectively, the “Seller Releasing Parties”), hereby release, remise, acquit and forever discharge the Buyer and its past, present and future subsidiaries, parents, divisions, Affiliates, agents, representatives, subsidiariesinsurers, partnersattorneys, successors and assigns, and each of its and their respective directors, managers, members, officers, directors, employees, shareholders, affiliatesmembers, divisionsagents, predecessorsrepresentatives, successorsattorneys, contractors, subcontractors, independent contractors, owners, insurance companies and assignspartners (collectively, hereby waivesthe “Buyer Released Parties”), releases, relinquishes, and forever discharges from any and all claims, suitscontracts, demands, causes of action, debtsdisputes, lienscontroversies, demandssuits, liabilitiescross-claims, torts, losses, attorneys’ fees and expenses, obligations, covenants, controversies, agreements, promisescovenants, damages, costsLiabilities, costs and expenses of any nature expenses, whether known or kind whatsoeverunknown, whether anticipated or unanticipated, whether claimed or suspected, whether fixed or contingent, whether yet accrued or not, whether damage has resulted or not, whether at law or in equity, whether arising out of agreement or imposed by statute, common law of any kind, nature, or description, including, without limitation as to any of the foregoing, any claim by way of indemnity or contribution, which any Seller Releasing Party has, may have had or may hereafter assert against any Buyer Released Party arising from or related in any way, either directly or indirectly, to any action or inaction of any Buyer Released Party relating in any way to Sellers and/or the Business, including without limitation, any action or inaction of any Buyer Released Party relating to the MUT due or allegedly due Chapter 11 Cases; provided, however, that the foregoing release shall not apply to the Municipality on Sellers’ rights or before December 31the Buyer’s obligations under this Agreement (including Section 6.10 hereof), 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against ComEd any Related Agreements and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or other agreements entered into in equity, related to connection with the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assignstransactions contemplated hereby.

General Releases. Effective upon the full execution of this Settlement Agreement The releases by the Parties, the MunicipalitySITO and Zoove, on behalf of itselfthemselves and their respective officers, and its directors, members, employees, agents, representatives, personal representativesattorneys, subsidiariespredecessors, partnersheirs, managerssuccessors, membersand assigns, in this Agreement include an express, informed, knowing, and voluntary waiver and relinquishment to the fullest extent permitted by law. In this connection, the Parties acknowledge that they may have sustained damages, losses, costs, or expenses which are presently unknown and unsuspected and that such damages, losses, costs, or expenses as may have been sustained may give rise to additional damages, losses, costs, or expenses in the future. The Parties hereto further acknowledge that they have negotiated this Agreement taking into account presently unsuspected and unknown claims, counterclaims, causes of action, damages, losses, costs, and expenses based upon, resulting from or arising in connection with any actions, omissions, events, transactions, or matters of or involving any one or more of the Zoove Releasees or SITO Releasees that have occurred on or before the Effective Date of this Agreement, and the Parties voluntarily and with full knowledge of its significance, expressly waive and relinquish any and all rights they may have under any state or federal statute, rule or common law principle, in law or equity, relating to limitations on general releases. Accordingly, SITO and Zoove each, on behalf of themselves and their respective officers, directors, members, employees, shareholdersagents, affiliatesrepresentatives, divisionsattorneys, predecessors, heirs, successors, and assigns, hereby waives, releases, relinquishes, and forever discharges waive any and all claims, suits, causes rights under California Civil Code Section 1542 and any other statute or law of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses similar import or purpose of any nature or kind whatsoever, at law or in equity, related other jurisdiction with respect to the MUT due or allegedly due to the Municipality on or before December 31releases contained in this Agreement. California Civil Code Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assignsWHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

General Releases. Effective upon (a) In consideration of the full execution of payments and promises made or to be made by Synergx under this Settlement Agreement, which represent consideration for signing this Agreement by the Partiesand are not salary, the Municipalitywages, or benefits to which Xxxxxx was already entitled in connection with his employment with Synergx, Xxxxxx, on behalf of itselfeach of his heirs, executors, administrators, legal representatives, successors and assigns, and any other person or entity acting through his or on his behalf, releases and forever discharges Synergx, its agents, representatives, personal representativespresent and former parent companies, subsidiaries, partnersdivisions, managersaffiliated entities, memberspredecessor entities, and their respective present and former officers, directors, employeestrustees, administrators, executors, agents, owners, shareholders, affiliatesattorneys, divisionsemployees, predecessorssuccessors and assigns, individually and in their official capacities, and their employee benefit plans and programs and their administrators and fiduciaries, together with their heirs, successors, and assigns, hereby waives, releases, relinquishesexecutors, and forever discharges legal representatives (collectively, the “Synergx Releasees”), from any and all claims, suitsdebts, obligations, liabilities, promises, grievances, agreements, liens, charges, demands, complaints, causes of action, debtsdamages or injuries of any kind or nature, lienswhether arising under equity or at law, demandswhether sounding in contract, liabilitiestort or otherwise, obligationswhether known or unknown, covenantsarising out of any event, controversiesoccurrence, agreementsor omission to date, promiseswhich Xxxxxx had, damageshas or may have against the Synergx Releasees, costsfrom the beginning of the world until the Effective Date of this Agreement, including, without limitation, all claims for personal injury, negligence, wage-hour, wage-payment (and all wage orders and interpretations), pension, employee benefits, discrimination on the basis of gender, disability, age, sexual orientation, race, religion, creed, national origin or any other basis upon which denial of benefits, harassment, discrimination or retaliation in employment is prohibited by any federal, state or local statute, law, regulation or ordinance, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, Age Discrimination in Employment Act of 1967, as amended, the Older Workers Benefits Protection Act, as amended, the Equal Pay Act of 1963, the Family and Medical Leave Act, the Americans with Disabilities Act, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act, as amended, the Civil Rights Act of 1991, as amended, Sections 1981 through 1988 of Title 42 of the United States Code, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Labor Management Relations Act, as amended, the Xxxxxxxx-Xxxxx Act of 2002, the Worker Adjustment and Retraining Act of 1989, the New York Executive Law, the New York Labor Law, and expenses of any nature or kind whatsoever, at law or the New York City Administrative Code. Xxxxxx intends that the release contained in equity, related this paragraph 10(a) shall discharge Synergx and Synergx Releasees to the MUT due or allegedly due maximum extent permitted by law. Notwithstanding the foregoing, nothing herein shall release Xxxxxx’x rights pursuant to the Municipality on or before December 31, 2016, which it has brought or could this Agreement. Xxxxxx acknowledges and agrees that he is competent to execute this Agreement and knowingly and willingly waives any claims he may have brought as of the date of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, successors and assignsSynergx Releasees.