Individual Release Clause Samples

Individual Release. If a New Class Member submits one or more claims and qualifies for a payment under the terms of the SA then, prior to, and as a precondition to, receiving any payment on a claim, the New Class Member shall execute an “Individual Release” in the form attached as Attachment A-1. An Individual Release may not be signed by any form of electronic signature, but must be signed by a handwritten signature. An electronic signature is insufficient.

Individual Release. IN CONSIDERATION of the payment of $ to be provided to me by Noront and the mutual covenants and releases contained herein, the sufficiency of which is hereby acknowledged, I, , do for myself and my heirs, executors, administrators and assigns (hereinafter collectively referred to as “I” or the “Individual”), forever release, remise and discharge Noront, its subsidiaries, affiliates and successors and all their respective officers, directors, employees, agents, insurers and assigns (hereinafter collectively referred to as the “Corporation”), jointly and severally from any and all actions, causes of actions, contracts (whether express or implied), claims and demands for damages, loss, or injury, suits, reinstatement, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity (collectively, “Claims”), which against the Corporation, I ever had, now have, or can hereafter have by reasons of or existing out of my holding one or more Company Directorships up to the Effective Time, including, but without limiting the generality of the foregoing, anything related to: (a) my role as holding one or more Company Directorships; (b) the cessation of my role as holding one or more Company Directorships immediately prior to the Effective Time; and (c) any and all Claims for damages, termination pay, director's fees, equity compensation, share ownership in Noront, bonuses, expenses, allowances, incentive payments, or any other benefits arising out of holding one or more Company Directorships. Notwithstanding anything contained herein, this Resignation & Mutual Release shall not extend to or affect, or constitute a release of any Claims arising from (A) any rights to indemnity or contribution that the Individual may have under applicable law, including the Business Corporations Act (Ontario), or the by-laws of the Corporation or any agreement with the Corporation, (B) any rights to contribution or indemnification that the Individual may have with respect to coverage under any applicable director’s and officer’s insurance policy of the Corporation, (C) the Individual’s rights to any other amounts payable pursuant to the arrangement agreement (the “Arrangement Agreement”) dated December 20, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ Holdings Pty Ltd. and Wyloo Metals PTY Ltd., or (D) any breach of this Resignation & Mutual Release by the Corporation. For greater certainty, the release and discharge provided f...

Individual Release. The Individual, for and on his own behalf and on behalf of his heirs, executors, estate and administrators (collectively, the “Individual Parties”), hereby unconditionally and irrevocably releases and forever discharges the Company and each of its past, present and future directors, officers, shareholders, employees, representatives, affiliates, partners, successors and assigns (collectively, the “Corporate Parties”) from any and all claims, suits, demands, obligations, contracts, liabilities, debts, duties, costs and damages, whether or not known, suspected or disclosed, in law or in equity (collectively, “Claims”), that the Individual, in any capacity, now has or may have in the future against the Corporate Parties, or any of them, with respect to any matter or thing relating to any of the Corporate Parties having occurred during the period ending on the Effective Date. Notwithstanding the foregoing, this Section does not and is not intended torelease the Corporate Parties from any Claims relating to, arising out of or involving: (a) fraud, bad faith or willful misconduct on behalf of the Corporate Parties; (b) the Individual’s entitlement, if any, to any insurance maintained for the benefit or protection of directors and/or officers of the Company, including, without limitation, directors' and officers' liability insurance; (c) the Individual’s right, if any, to indemnification from the Company under the Business Corporations Act (Ontario) or any successor legislation; or (d) the rights of the Individual Parties to enforce the terms of this Release, which obligations are the sole obligations of the Corporate Parties to the Individual Parties from and after the Effective Date.

Individual Release. IN CONSIDERATION of the payment of $ to be provided to me by Noront and the mutual covenants and releases contained herein, the sufficiency of which is hereby acknowledged, I, , do for myself and my heirs, executors, administrators and assigns (hereinafter collectively referred to as “I” or the “Individual”), forever release, remise and discharge Noront, its subsidiaries, affiliates and successors and all their respective officers, directors, employees, agents, insurers and assigns (hereinafter collectively referred to as the “Corporation”), jointly and severally from any and all actions, causes of actions, contracts (whether express or implied), claims and demands for damages, loss, or injury, suits, reinstatement, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity (collectively, “Claims”), which against the Corporation, I ever had, now have, or can hereafter have by reasons of or existing out of my holding one or more Company Directorships, or having been a Company Employee, up to the Effective Time, including, but without limiting the generality of the foregoing, anything related to: