Landlord Release. As of the Effective Date, each of Tenant, Guarantor, HOFRECO, and Stadium Mortgagor, and their respective past, present and future employees, agents, attorneys, representatives, successors and assigns, and all persons or entities claiming by, through or under any of them (and their respective successors and assigns, collectively, the “HOF Releasing Parties”), hereby:
Landlord Release. LANDLORD HEREBY RELEASES TENANT FROM AND AGAINST ANY CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, DAMAGES, LIABILITIES, OBLIGATIONS, COSTS AND/OR EXPENSES THAT LANDLORD MAY HAVE WITH RESPECT TO THE LEASED PREMISES AND RESULTING FROM, ARISING UNDER OR RELATED TO ANY ENVIRONMENTAL EVENT WITHIN THE SCOPE OF LANDLORD’S REMEDIAL WORK, INCLUDING ANY SUCH CLAIM UNDER ANY ENVIRONMENTAL LAWS, WHETHER UNDER ANY THEORY OF STRICT LIABILITY OR THAT MAY ARISE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C.A. § 9601, ET. SEQ., AND THE TEXAS SOLID WASTE DISPOSAL ACT, TEXAS HEALTH AND SAFETY CODE, CHAPTER 361, AS AMENDED.
Landlord Release. Subject to the performance by Tenant of all of its obligations under this Second Amendment (none of which are released by this Section 6), as of the Termination Date, Landlord, for itself and for its affiliated corporations and partnerships, members, officers, agents, representatives, employees, attorneys, shareholders, successors in interest, personal representatives, heirs, assigns and each of them, absolutely, fully and forever releases and discharges Tenant and its officers, directors, shareholders, agents, representatives, employees, servants, attorneys, successors in interest, assigns and each of them, whether past, present or future, of and from any and all claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys’ fees and damages of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, arising out of, connected with, or in any way related to the Reduction Space or for payments of any amounts under the Lease not expressly set forth herein. Subject to the performance by Tenant of all of its obligations under this Second Amendment, Landlord acknowledges and agrees that the release set forth above applies to all claims relating to the Reduction Space or for payments of any amounts under the Lease not expressly set forth herein whether those claims are known or unknown, foreseen or unforeseen.
Landlord Release. Landlord hereby releases Tenant from liability (to Landlord or anyone claiming through or under Landlord by way of subrogation or otherwise) for any loss of, or damage to, property which is or would be covered by any insurance policies maintained, or required to be maintained, by Landlord pursuant this Lease, even if such loss or damage shall have been caused by the fault or negligence of Tenant. Landlord shall include in its property insurance policy(ies) a waiver of insurer's right of subrogation against Tenant, irrespective of fault or negligence.
Landlord Release. Landlord hereby releases, acquits and forever discharges Tenant, its affiliates, officers, directors, stockholders, employees, representatives, successors and assigns (collectively, the “Released Tenant Parties”) of and from any and all actions or causes of action, suits, debts, dues, sums of money, acts, bonds, bills, covenants, controversies, promises, variances, permits, trespasses, accounts, contracts, agreements, damages, judgments, executions, claims, liabilities, and demands whatsoever of every name and nature, at law or in equity, which Landlord or its affiliates, successors and assigns, on the one hand, can, shall, may have, or may claim to have against any of the Released Tenant Parties, on the other hand, for, upon or by reason of any matter directly or indirectly arising out of or connected in any way with each Lease Agreement or any interaction between Landlord and any of the Released Tenant Parties relating in any way to each Lease Agreement.
Landlord Release. Effective as of the Revised Expiration Date, Landlord and its successors and assigns hereby release, acquit, satisfy and forever discharge Tenant and its employees, agents, officers, subsidiaries, affiliates, partners, trustees, beneficiaries, members, successors and assigns, from any and all actions, causes of actions, claims, demands, rights, damages, losses, expenses, occurrences and liabilities, of any kind whatsoever, both known and unknown, arising out of any matter, happening or thing, from the beginning of time relating to the Lease, but excluding (a) any express obligation of Tenant hereunder not satisfied as of the Revised Expiration Date, (b) any obligations of Tenant under the Lease to indemnify Landlord for any act or omission resulting in any third party claim for personal injury, death or property damage, and (c) any obligation of Tenant under the Lease relating to Hazardous Materials.
Landlord Release. 3.1 The Vendor intends that it will serve notice on the tenant under the Relevant Franchise Underlease in accordance with section 8(1) of 1995 Act requesting complete release of the Vendor from future liability under the landlord covenants contained in the Relevant Franchise Underlease in case of Franchise Underleases granted on or after the 1st January 1996.
Landlord Release. Effective as of the Lease Termination Date, Landlord forever releases and discharges Pfaltzgraff and Lifetime from any and all claims, demands or causes of action whatsoever against Pfaltzgraff, Lifetime, or their successors and assigns arising out of or in connection with the Premises or the Lease for the Premises or the Guaranty and forever releases and discharges Pfaltzgraff and Lifetime from any obligations to be observed or performed by Pfaltzgraff or Lifetime under the Lease for the Premises or the Guaranty after the Lease Termination Date.
Landlord Release. Except for the obligations and rights created under this First Amendment, Landlord hereby waives, releases, acquits, and forever discharges Tenant, and Tenant’s respective agents, directors, officers, employees, shareholders, partners and members to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that Landlord now has or which may arise in the future on account of or in any way growing out of or connected with: (i) the Change Order Costs relating to the Change Orders, and/or the cost of performing any Extra Work, shown on Exhibit A attached hereto, including those provisions of the Lease which specifically pertain thereto, that Tenant may otherwise be liable to compensate, reimburse or pay for; and (ii) any claim or demand for damages or remedies due to any Default by Tenant (as defined in the Original Lease) that Landlord may claim or bring against Tenant for any failure on the part of Tenant to accept the Premises delivery condition (or failure to accept delivery of the Premises) prior to the Commencement Date (i.e., September 17, 2018). The foregoing waiver, limited release, acquittal and discharge by the Landlord shall also run to the benefit of the successors and assigns of Tenant and to their agents, directors, officers, employees, and Landlord's waiver, limited release, acquittal and discharge above shall extend to and bind all of Landlord's respective agents, directors, officers, employees, shareholders, partners and members, and its successors and assigns. Furthermore, Landlord has consulted with legal counsel of its choice as to the meaning and consequences of waiving the benefits conferred by California Civil Code Section 1542, which states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." It is understood by Landlord that if the facts or law with respect to which the foregoing limited release and waiver is given hereafter turn out to be other than the facts or law in that connection now known to be (or believed by Landlord to be) true, then Landlord expressly assumes the risk of the facts and law turning out to be so different, and agrees that the foregoing li...
Landlord Release. Conditional upon the satisfaction of all of the conditions set forth in Section A above, and except for (i) the Termination Consideration required to be paid by Tenant pursuant to Section A above, (ii) any rent or other charges owed by Tenant, or other obligations required of Tenant, set forth in the Lease from and after the date of this Agreement through including the Surrender Date, and (iii) any indemnifications, covenants and agreements given by either party under the terms and provisions contained in this Agreement or the Lease which by their express terms survive the termination of the Lease, effective upon the Surrender Date, Landlord releases, remises and forever discharges Tenant and each of Tenant’s partners, joint ventures, officers, directors, successors, affiliates, employees, agents, consultants and lenders (collectively, the “Tenant Parties, and individually, a “Tenant Party”) from all Claims arising out of, connected with or incidental to the Lease or the Premises; provided, however, that the release granted by Landlord in this shall all times be subject to (x) truth and accuracy of Tenant’s representations and warranties set forth in Section F, which must also be true and accurate as of the Surrender Date, and (y) not become effective and shall be null and void if a “Bankruptcy Event” (as defined in Section F below) occurs on or before the ninetieth (90th) day after the Surrender Date.
