Mutual General Releases Sample Clauses

Mutual General Releases. Effective as of the date hereof, and except for obligations arising out of this Agreement, Macy Gray Touring, Inc., f/s/o Macy Gray, for itself, and for its rexxxxxxxx officers, directors, pxxxxxxx, shareholders, subsidiaries, agents, representatives, employees, servants, attorneys, successors in interest, personal representatives, heirs, legatees, devisees, assigns, and each of them ("Macy Gray Releasors"), hereby absolutely, fully and forever waive, rxxxxxx xxd discharge NuTech Digital, Inc., and its respective officers, directors, partners, shareholders, subsidiaries, agents, representatives, employees, servants, attorneys, successors in interest, personal representatives, heirs, legatees, devisees, assigns, and each of them, whether past, present or future ("NuTech Releasees"), of and from any and all actions, causes of action, suits, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees, damages, or judgments of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, which the Macy Gray Releasors may now have, or at any time may have had, or whxxx xx xxy time hereafter may have or claim to have against the NuTech Releasees, prior to the date hereof arising out of or relating to NuTech's production and exploitation of the CD. Effective as of the date hereof, and except for obligations arising out of this Agreement, NuTech Digital, Inc., for itself, and for its respective officers, directors, partners, shareholders, subsidiaries, agents, representatives, employees, servants, attorneys, successors in interest, personal representatives, heirs, legatees, devisees, assigns, and each of them ("NuTech Releasors"), hereby absolutely, fully and forever waive, release and discharge Macy Gray Touring, Inc., f/s/o Macy Gray, and its respective officerx, xxxxxxors, partners, sharehoxxxxx, xxbsidiaries, agents, representatives, employees, servants, attorneys, successors in interest, personal representatives, heirs, legatees, devisees, assigns, and each of them, whether past, present or future ("Macy Gray Releasees"), of and from any and all actions, causes of acxxxx, xxxts, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees, damages, or judgments of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, w...

Mutual General Releases. Effective as of the completion of the Conversion (the “Effective Date”), each of the Trust and the Trustees, on the one hand, and each of the members of the Investor Group, on the other hand, on behalf of each of themselves and for all of their past and present affiliated, associated, related, parent and subsidiary entities, joint ventures and partnerships, successors, assigns, and the respective owners, trust beneficiaries, officers, directors, partners, members, managers, principals, parents, subsidiaries, predecessor entities, agents, representatives, employees, holders of certificates or sub-share certificates, shareholders, other security holders, advisors, consultants, attorneys, heirs, executors, administrators, successors and assigns of any said person or entity, and any other person claiming (now or in the future) through or on behalf of any of said persons or entities (collectively “Released Persons”), irrevocably and unconditionally generally release, remit, settle, acquit and forever discharge the other and all of their Released Persons, from any and all causes of action, claims, counter-claims, cross-claims, actions, rights, judgments, obligations, damages, amounts, demands, losses, controversies, contentions, complaints, promises, accountings, bonds, bills, debts, dues, sums of money, expenses, specialties and fees and costs (whether direct, indirect or consequential, incidental or otherwise including, without limitation, attorney’s fees or court costs, of whatever nature) incurred in connection therewith of any kind whatsoever, whether known or unknown, suspected or unsuspected, in their own right, representatively, derivatively or in any other capacity, in law or in equity or liabilities of whatever kind or character, arising under federal, state, foreign, or common law or the laws of any other relevant jurisdiction, which have arisen, could have arisen, arise now, or hereafter may arise out of or relate in any manner to the allegations, facts, events, transactions, occurrences, statements, representations, misrepresentations, omissions, or any other matter, thing, or cause whatsoever (or any series thereof, embraced, involved, arising out of, set forth in, or otherwise related) prior to the Effective Date, including, without limitation, claims that were or could have been asserted in the Litigation (collectively, the “Released Claims”); provided, however, that nothing in this Release shall (i) release (A) any rights or duties of any Releas...

Mutual General Releases. Effective as of the date when ML ----------- ----------------------- Media receives payment of the Settlement Amount: a) Except with respect to any rights or causes of action accruing under this Settlement Agreement, ML Media, for itself, its successors and assigns, hereby waives, releases and forever discharges the Adelphia Parties, the Estate and their successors and affiliates, and each of their past, present, and future officers, directors, partners, members, employees, agents, and servants (collectively, the "ADELPHIA RELEASED PARTIES") from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to ML Media, which ML Media and its successors and assigns ever had, now have or may ever have against the Adelphia Released Parties, including, without limitation, those arising from any event, transaction, matter, circumstance or fact in any way arising out of, arising as a result of, related to, with respect to or in connection with or based in whole or in part on the Joint Venture, the State Court Action, the Recap Agreement, the Recap Action, or the Proofs of Claim (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the "ML CLAIMS"); provided, however, that this release does not extend to and shall not be deemed to include, (i) Xxxxxxxx Xxxxxxxxx, P.C. and any employees or shareholders thereof and (ii) the members of the Rigas family who are or were partners in Highland. b) Except with respect to any rights or causes of action accruing under this Settlement Agreement, the Adelphia Parties and the Estate, for themselves, their successors and assigns, hereby waive, release and forever discharge ML Media and its successors and affiliates, and each of their respective past, present, and future officers, directors, partners (and past, present and future officers, directors, employees, agents and partners of the general partner of ML Media and the partners of the general partner of ML Media), members, employees, agents, and servants (collectively, the "ML MEDIA RELEASED PARTIES") from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, w...

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. b. The Company does hereby GENERALLY RELEASE, ACQUIT, AND DISCHARGE the Employee, individually, and as applicable, Employee’s current, former, and successor attorneys, representatives, guardians, heirs, assigns, successors, executors, administrators, insurers, servants, agents, employees, affiliates, and entities, from any and all Claims and Controversies; provided, however , that nothing in this Agreement will be considered a release of the Company’s claims, if any, for the Employee’s breach of this Agreement. c. Notwithstanding anything to the contrary herein, the Company or Heelys, Inc.’s obligations to Employee under that certain Indemnification Agreement, effective August 31, 2006 (the “ Indemnification Agreement ”), and this Agreement are not released, are not affected, and expressly survive the release herein in all respects. Similarly, the Company or Heelys, Inc.’s indemnification obligations to Employee under Heelys, Inc.’s Articles of Incorporation and ByLaws or at law are not released, are not affected, and expressly survive the release herein. As of the Effective Date of this Agreement, to the Company’s knowledge, Employee has fully complied with the Indemnification Agreement.

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. Except as otherwise provided herein, effective as of entry of a final order of the Bankruptcy Court approving this Agreement, Xx. Xxxxxxxxxx and Peregrine hereby forever release and discharge each other, and each of their subsidiaries, affiliates, divisions, directors, officers, employees, managers, agents, representatives, independent contractors, consultants, attorneys, accountants, trustees, spouses, heirs, predecessors, successors and assigns, and all persons or entities acting by, through or on behalf of any of them, of and from any and all claims, causes of action, damages, losses, debts, obligations, agreements, liabilities, attorney's fees, costs and expenses, whether asserted or unasserted, known or unknown, suspected or unsuspected, fixed or contingent, and whether arising under state law, federal law, common law or otherwise, which arise directly or indirectly out of any facts, events, or transactions that occurred from the beginning of time through the effective date of this Agreement. These are general releases of all known and unknown claims, including, without limitation, all claims, obligations, liabilities, rights to payments or rights to distributions of New Peregrine Stock under or relating in any way to the Employment Agreement, the Amended Employment Agreement, the First Amendment, the Plan, the Class 9 Settlement Order, the Pre-Petition Claims, the Administrative Claims, the Objection to Administrative Claim or otherwise. The only exceptions to the releases herein are (a) the obligations of the parties under and as expressed in this Agreement, (b) the issues and reservations of rights set forth in paragraph 6 above, and (c) any claims previously assigned by Peregrine to the Litigation Trustee under and to implement the Plan. The parties shall have no further obligations or liabilities between them, except as provided herein and subject to the reservation of rights in paragraph 6.

Mutual General Releases. (a) In consideration of the promises made by the Company in this Agreement, Xxxxxxx on behalf of himself and any past, present or future heirs, executors, administrators, or assigns, hereby irrevocably and unconditionally release and hold harmless the Company and its agents, directors, officers, employees, representatives, attorneys and the Company's affiliated companies, divisions, subsidiaries and parents (and the agents, directors, officers, employees, representatives and attorneys of such affiliates), and their predecessors, successors, heirs, executors, administrators and assigns, and all persons acting by, through, under or in concert with any of them (collectively "Company Releases"), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, demands, losses, liabilities and obligations of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which Xxxxxxx ever had, now has, or he or his heirs, executors, administrators or assigns hereafter may claim to have against each or any of the Company Releasees (hereinafter the "Xxxxxxx Claims"), arising from or relating in any way to his employment relationship with the Company or the termination thereof, whether the Xxxxxxx Claims arise from any alleged violation by the Company of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to severance, stock options or other benefits, unpaid wages, salary or incentive payment, breach of express or implied contract, wrongful discharge, or employment discrimination under any applicable federal, state or local statute, provision, order or regulation, including but not limited to, and any claim under Title VII, except that this release shall not extend to any claim for indemnity by Xxxxxxx against the Company or any Company Releasee, pursuant to Section 2802 of the California Labor Code, or pursuant to the Company's internal governance documents, including but not limited to its Articles of Incorporation and By-Laws, which provide for indemnity of representatives of the Company in the event of claims by third parties. Xxxxxxx understands the forgoing to be a general release of all Xxxxxxx Claims. Xxxxxxx agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or ...

Mutual General Releases. (a) Except with respect to any rights, obligations or duties arising out of this Agreement, and except with respect to any rights of indemnity, including under any TJX policy, practice, insurance policy, indemnity contract, corporate law, bylaw, article of incorporation or otherwise, and in consideration of the Settlement Payment as set forth in this Agreement and other valuable consideration, Xxxxx hereby releases and discharges TJX and all of its present and former officers, directors, partners, investors, stockholders, trustees, attorneys, insurers, representatives, agents, employees and employee benefit plans, and anyone acting for or on behalf of any of the foregoing (collectively, the "TJX Releasees"), of and from any and all complaints, charges, lawsuits and claims for relief of any kind by Xxxxx that he now has, ever had or may have in the future against the TJX Releasees or any one of them, whether known or unknown, arising out of any matter or thing that has happened before the signing of this Agreement, including but not limited to claims arising under common law or statute, claims for breach of contract (including but not limited to the Employment Agreement and any other contract, agreement, plan, grant or other document relating to Xxxxx'x former employment with TJX) and in tort (including but not limited to claims for defamation, invasion of privacy, intentional or negligent infliction of emotional distress and claims for intentional interference with contractual or advantageous relations), and claims arising under federal and state labor laws, employment laws and laws prohibiting discrimination on the basis of age, sex, race, national origin or disability. The laws referred to in the preceding sentence include but are not limited to Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974 ("ERISA"), the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Fair Labor Standards Act of 1938, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, Chapters 149 through 154 of the Massachusetts General Laws, the Massachusetts Civil Rights Act and the Massachusetts Equal Rights Law, all as amended. It is further expressly agreed and understood by Xxxxx that the release contained herein is a GENERAL RELEASE. (b) Except with respect to any rights, obligations or duties arising out of this Agreement and the Employment A...

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 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.