Mutual General Releases. (a) In consideration of the payments to be made and the benefits to be received by Xxxxx pursuant to the Agreement, which Xxxxx, individually and collectively, acknowledges are in addition to payments and benefits which Xxxxx would be entitled to receive absent the Agreement, Xxxxx, for himself/itself and his/its dependents, successors, successors in interests, assigns, heirs, trustees, executors and administrators (and his and their legal representatives of every kind), hereby forever releases, dismisses, remises and discharges Etelos, its predecessors, parents, subsidiaries, divisions, related or affiliated companies and other affiliates, officers, directors, stockholders, members, employees, consultants, heirs, successors, assigns, representatives, agents and counsel, including, without limiting the foregoing, in their individual and corporate capacities, Xxxxxxx X. Xxxxx, Xxxxxx X. X. Xxxxx, Xxxxxx X. Xxxx, Xxxxxx X. Xxx, Xxxxxx Xxxxxxxxxx, and Xxxxxxx X. Xxxxxx (collectively, the “Releasees”) from any and all arbitrations, claims, fees (including claims for attorney’s fees), demands, causes of action, damages, suits, proceedings, actions and/or liabilities of any kind and every description, whether known or unknown (based upon any legal or equitable theory, whether contractual, common-law, statutory, decisional, federal, state, local or otherwise) (together “claims”), which Xxxxx now has or may have had for, upon, or by reason of any cause whatsoever against the Releasees, by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of the world up to and including the Effective Date of this Agreement, including but not limited to:
Mutual General Releases. The Parties hereby exchange the following general releases, which they intend to be construed as broadly and inclusively as legally permissible:
Mutual General Releases. In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof are hereby acknowledged, the Corporation, for itself, its officers, directors, agents, affiliates, subsidiaries, successors and assigns (hereafter collectively the "Corporation Releasors"), on the one hand, and Agent, for himself, his heirs, personal representatives, successors and assigns (the "Agent Releasors"), on the other, each hereby release, acquit and forever discharge the other, from and against any claim, demand, action, suit, debt, obligation or liability of whatsoever kind or description, whether civil, criminal, arbitrational or administrative, at law or in equity, known or unknown, direct or indirect, arising from any transaction, fact or occurrence from the beginning of time to the date of this Agreement, to the full extent permissible under Colorado law and consistent with the guidance of the U.S. Securities and Exchange Commission regarding the permissible scope of the release and indemnification under the U.S. securities laws, as applicable.
Mutual General Releases. In consideration of the Termination Payment, the Supply Agreement suspension and termination, and other good and valuable consideration, including the consideration set forth in this Agreement, effective upon the full and final payment by Ingevity of the Termination Payment, Georgia-Pacific and Ingevity on their own behalf and on behalf of their respective agents, representatives, members, shareholders, principals, affiliated entities, parents, subsidiaries, officers, directors, attorneys, sureties, insurers, employees, predecessors, successors, heirs, executors, and assigns, and any other persons or entities claiming through them (“Releasors”) do hereby release, acquit and forever discharge the other Party, and the other Party’s respective agents, representatives, members, shareholders, principals, affiliated entities, parents, subsidiaries, officers, directors, attorneys, sureties, insurers, employees, predecessors, successors, heirs, executors, and assigns (“Releasees”) from any and all rights, claims, obligations, debts, demands, causes of action, assessments, charges, damages, loss, liabilities and expenses (including attorneys’ fees, interest and litigation costs) of whatever kind or nature, based on any legal or equitable theory, right of action or otherwise, whether foreseen or unforeseen, known or unknown, suspected or unsuspected, contingent or fixed, accrued or unaccrued, under, arising out of, or related to the Supply Agreement (the “Released Claims”). The Parties further agree that this Agreement is and shall operate as a complete defense to any subsequent action by or on behalf of any Party asserting or purporting to assert any of the Released Claims as set forth in this Agreement. Without limiting the foregoing, the Parties specifically extend this release to include claims that either Party does not know or suspect to exist at the time that this Agreement and the releases contained in this Agreement become effective. Notwithstanding the foregoing or anything else in this Agreement, nothing in this Agreement shall operate to release either Party with respect to the Surviving Rights and Obligations, and these obligations are specifically excluded from the Released Claims. For the avoidance of doubt, this mutual release specifically includes the release of all rights and obligations arising from or related to the Audit Right in the Supply Agreement and any carryover volumes and any incentive payments.
Mutual General Releases. In further consideration for the compensation provided for in Paragraph 5 of this Agreement and as a condition precedent to receipt of the Lump Sum Payment provided for therein, Employee agrees to execute a document that conforms to Addendum B which is attached hereto and by this reference incorporated herein ("Mutual General Releases"). The Company reserves, the right within its sole discretion, to amend, delete or otherwise revise the Mutual General Releases to comply with any changes in applicable laws and/or to make the Mutual General Releases fully effective in releasing and forever discharging Company Releases from the Claims as defined therein. If Employee fails to execute the Mutual General Releases on the Termination Date, or any other subsequent date mutually agreed to by the Parties, then this Agreement and the Consulting Agreement shall become null and void and non-enforceable and Employee shall not be entitled to nor shall he be paid any of the benefits provided for in this Agreement, including specifically, the Lump Sum Payment provided in Paragraph 5(a) of this Agreement.
Mutual General Releases. (a) The Parties hereby release and forever discharge each other and their subsidiaries, affiliates, and divisions, and their past, present, and future employees, directors, officers, agents, shareholders, insurers, attorneys, executors, successors, assigns, and other representatives of any kind in their capacities as such (referred to in this Agreement collectively as “Released Parties”) from any and all claims, charges, demands, liabilities, or causes of action of any kind, known or unknown, asserted or unasserted (“Claims”), that each ever had, has or may have, from the beginning of time through the date the Parties execute this Agreement, including, but not limited to, any claims, liabilities, or causes of action of any kind arising in connection with the Employee’s employment or termination of employment with the Company or arising under or relating to the Employment Agreement, except as otherwise provided for in paragraph (b) of this Section 5. Furthermore, subject to paragraph (b) of this Section 5, the Employee also releases and waives any claim or right to further compensation, benefits, damages, penalties, attorneys’ fees, costs, or expenses of any kind from the Company or any of the other Released Parties. Claims that the Employee is releasing include, but are not limited to: claims for wrongful discharge; constructive discharge; breach of contract; tortious interference with contract; unlawful terms and conditions of employment; retaliation; defamation; invasion of privacy; claims for unlawful conspiracy; discrimination, including any discrimination or other claim arising under the Age Discrimination In Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (“ADEA”); Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. §2000e et seq.; the Federal Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq.; the Americans with Disabilities Act of 1990, as amended, 00 X.X.X. §00000 et seq.; the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §201 et seq.; the Equal Pay Act of 1963, as amended, 29 U.S.C. §206(d) et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §301 et seq.; the Worker Adjustment and Retraining Xxxxxxxxxxxx Xxx, 00 X.X.X. §0000 et seq.; the Connecticut Human Rights and Opportunities Act, C.G.S. §46a-51 et seq., the Connecticut Family and Medical Leave Act, C.G.S. §31-51kk et seq., the Connecticut Wage Payme...
Mutual General Releases a. Plaintiff
Mutual General Releases. Effective as of the date when ML Media receives payment of the Settlement Amount:
Mutual General Releases. Effective on the Closing Date, except as set forth below, the Parties hereby mutually release, acquit, satisfy and forever discharge each and every other Party and all of their respective Affiliates, successors, assigns, employees, directors, officers, agents, attorneys, and other representatives of and from any and all charges, claims, counterclaims, actions, rights, demands, debts, liens, obligations, causes of action, liability, losses, damages, costs, expenses or accountings of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, from the beginning of time up to the date of the Settlement Agreement, arising under any circumstances whatsoever, including without limitation claims in any way related to: (i) the claims and counterclaims asserted in, and the conduct of, the Litigations; (ii) any counterclaims required to have been brought in the Litigations, and (iii) the conduct of the settlement negotiations; provided, however, that for the avoidance of doubt, excluding any claims arising from or under this Settlement Agreement or the Asset Purchase Agreement. [***]. The Parties have each made an investigation of the facts pertaining to this Settlement Agreement and to the released claims as each Party deems necessary. Each Party is aware that it may hereafter discover facts in addition to, contrary to, or different from those it now knows or believes to be true with respect to the matters set forth herein. Nevertheless, it is the intention of each Party to fully, finally, and forever settle and release all claims of any kind or nature whatsoever that were in existence as of the date of this Settlement Agreement. In furtherance of the Parties’ intent, the release in this Agreement shall remain in full and complete effect notwithstanding the discovery or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read the provisions of California Civil Code Section 1542 and has consulted its own counsel regarding that section. Each Party waives any and all rights under California Civil Code Section 1542 (or any other similar law in any jurisdiction), which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Each Part...
Mutual General Releases a. Employee, individually, and on behalf of, as applicable, Employee’s current, former, and successor attorneys, representatives, guardians, heirs, assigns, successors, executors, administrators, insurers, servants, agents, employees, affiliates, and entities does hereby GENERALLY RELEASE, ACQUIT, AND DISCHARGE the Company, and as applicable, its respective current, former, and successor officers, employees, agents, attorneys, assigns, representatives, directors, shareholders, owners, servants, administrators, insurers, parents, subsidiaries, affiliates, and related corporations, firms, associations, partnerships, and entities, specifically including the Other Heelys Releasees (as defined below), from any and all Claims and Controversies (as defined below), including without limitation, any and all obligations under the Employment Agreement; provided, however, that nothing in this Agreement will be considered a release of Employee’s claims, if any, for vested employment benefits pursuant to the Employee Retirement Income Security Act of 1974 as amended, worker’s compensation insurance coverage, and/or unemployment insurance coverage, or the Company’s breach of this Agreement.
