Common use of Mutual General Releases Clause in Contracts

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, which the NuTech Releasors may now have, or at any time may have had, or which at any time hereafter may have or claim to have against the Macy Gray Releasees, prior to the date hereof arising out of or relaxxxx xx XuTech's production and exploitation of the CD.

Appears in 1 contract

Samples: Release and Settlement Agreement (Nutech Digital Inc)

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Mutual General Releases. Effective as (a) For and in consideration of the date hereofmutual releases and payment set forth herein, receipt of all of which is hereby acknowledged, JFSI for itself and its respective predecessors, successors, assigns, heirs, shareholders, directors, officers, agents, employees, and except for obligations arising out of this Agreementrepresentatives, Macy Gray Touring, Inc., f/s/o Macy Gray, for itself, hereby releases and for forever discharges Delta Mutual and its rexxxxxxxx officers, directors, pxxxxxxxshareholders, shareholdersdivisions, parents, subsidiaries, agentsaffiliates, employees, representatives, employees, servants, attorneys, successors in interest, personal representativesand agents (and the predecessors, heirs, legateesexecutors, deviseesadministrators, assigns, successors and assigns of 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 the foregoing) from any and all damages, debts, demands, promises, contracts, claims, 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 of any nature whatsoever, whether known or unknown, suspected accrued or unsuspectedunaccrued, which the Macy Gray Releasors may now havearising out of any act, conduct or omission, occurring at any time may have had, or whxxx xx xxy time hereafter may have or claim to have against the NuTech Releasees, prior up to the date hereof arising out of this Settlement Agreement, including, but not limited to, all claims whatsoever based upon or relating to NuTech's production License Agreement. (b) For and exploitation in consideration of the CD. Effective as mutual releases and other agreements set forth herein, receipt of the date hereofall of which is hereby acknowledged, and except for obligations arising out of this Agreement, NuTech Digital, Inc.Delta Mutual, for itself, itself and for its respective officers, directors, partnersshareholders, shareholdersboard members, divisions, parents, subsidiaries, agentsaffiliates, employees, representatives, employees, servants, attorneys, successors in interest, personal representativesand agents (and the predecessors, heirs, legateesexecutors, deviseesadministrators, assigns, successors and assigns of each of them ("NuTech Releasors"), the foregoing) hereby absolutely, fully releases and forever waive, release discharges each of JFSI and discharge Macy Gray Touring, Inc., f/s/o Macy GrayXxxxxxxx, and its and his respective officerx, xxxxxxors, partners, sharehoxxxxx, xxbsidiaries, agents, representatives, employees, servants, attorneyspredecessors, successors in interest, personal representatives, heirs, legatees, devisees, and assigns, and each of them, whether past, present or future ("Macy Gray Releasees"), of and from any and all damages, debts, demands, promises, contracts, claims, actions, causes of acxxxxaction, xxxtssuits, 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 of any nature whatsoever, whether known or unknown, suspected accrued or unsuspectedunaccrued, which the NuTech Releasors may now havearising out of any act, conduct or omission, occurring at any time may have had, or which at any time hereafter may have or claim to have against the Macy Gray Releasees, prior up to the date hereof arising out of this Settlement Agreement including, but not limited to, all claims whatsoever based upon or relaxxxx xx XuTech's production and exploitation of relating to the CDLicense Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Delta Mutual Inc)

Mutual General Releases. Effective as A. Brookhaven, on behalf of the date hereofitself and each of its legal representatives, and except for obligations arising out of this Agreementadministrators, Macy Gray Touringmembers, Inc.managers, f/s/o Macy Gray, for itself, and for its rexxxxxxxx officers, directors, pxxxxxxx, shareholders, subsidiaries, agents, representatives, employees, servants, attorneys, successors in interestaccountants, personal representativessuccessors, heirs, legatees, devisees, and assigns, does hereby release, relinquish, acquit, waive, and forever discharge Catalyst, along with each of them ("Macy Gray Releasors"), hereby absolutely, fully and forever waive, rxxxxxx xxd discharge NuTech Digital, Inc., and its respective affiliates, officers, directors, partnersagents, shareholders, subsidiaries, agentsemployees, representatives, employees, servants, attorneys, accountants, successors in interest, personal representatives, heirs, legatees, devisees, and assigns, and each of them, whether past, present or future ("NuTech Releasees"), of and from any and all claims, counterclaims, rights, demands, actions, suits, requests, proceedings, liabilities or 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 unknownunknown as of the Effective Date, suspected or unsuspected, which the Macy Gray Releasors that Brookhaven may now have, directly or at indirectly, against Catalyst that arose or will arise out of, in whole or in part, any time may have hadact, omission to act, transaction, practice, conduct, matter, cause, or whxxx xx xxy time hereafter may have thing of any kind or claim to have against the NuTech Releasees, character that arose or occurred prior to the date Effective Date hereof arising out of or relating to NuTech's production and exploitation or arising under the License Agreement, including within the scope of such release any obligations of Catalyst to Brookhaven pursuant to Article III of the CD. Effective as License Agreement (relating to “Reimbursement of the date hereofLicensor’s Patent Costs”). B. Catalyst, on behalf of itself and except for obligations arising out each of this Agreementits legal representatives, NuTech Digitaladministrators, Inc., for itself, and for its respective officers, directors, partnersagents, shareholdersemployees, subsidiariesattorneys, accountants, successors, and assigns, does hereby release, relinquish, acquit, waive, and forever discharge Brookhaven, along with each of its respective affiliates, members, managers, officers, directors, agents, representatives, employees, servantsrepresentatives, attorneys, accountants, successors in interest, personal representatives, heirs, legatees, devisees, and 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 actionsclaims, causes of acxxxxcounterclaims, xxxts, claimsrights, demands, liabilitiesactions, obligationssuits, lossesrequests, controversiesproceedings, costsliabilities or causes of action, expenses, attorneys' fees, damages, or judgments of every kind, nature, character or description whatsoever, whether in law or in equity, and whether known or unknownunknown as of the Effective Date, suspected or unsuspected, which the NuTech Releasors that Catalyst may now have, directly or at indirectly, against Brookhaven that arose or will arise out of, in whole or in part, any time may have hadact, omission to act, transaction, practice, conduct, matter, cause, or which at thing of any time hereafter may have kind or claim to have against the Macy Gray Releasees, character that arose or occurred prior to the date Effective Date hereof relating to or arising out under the License Agreement, including within the scope of or relaxxxx xx XuTech's production and exploitation such release any obligations of Brookhaven to Catalyst pursuant to “Article VI – Auditing,” paragraph (b) of the CDLicense Agreement.

Appears in 1 contract

Samples: Termination Agreement (Catalyst Pharmaceutical Partners, Inc.)

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., A. The Company and its respective officers, directors, partners, shareholdersprincipals, subsidiariesemployees, attorneys, insurers, agents, servants, consultants, representatives, employeessuccessors, servantsheirs, assigns, control persons and affiliates, (collectively “Company Releasors”) release and forever discharge Executive and his agents, attorneys, successors in interestaccountants, personal insurers, consultants, representatives, heirsfuture employers, legateessuccessors and assigns (collectively, devisees, assigns, and each of them, whether past, present or future ("NuTech “Executive Releasees"), of and from any and all actions, causes of action, suits, claims, demands, liabilities, obligations, losses, controversiescauses of action, costs, expenses, attorneys' fees, damages, or judgments fees and liabilities of every kind, nature, character or description any nature whatsoever, whether in law based on contract, tort, statutory or in equityother legal or equitable theory of recovery, and whether known or unknown, suspected or unsuspected, which the Macy Gray Company and/or the Company Releasors may now have, or at any time may have had, claims or whxxx xx xxy time hereafter may have or could claim to have against the NuTech Executive, or Executive Releasees, prior including but not limited to any and all claims which relate to, arise from, or are in any manner pertaining to the date hereof arising out of Employment Agreement or relating to NuTech's production and exploitation other reason or basis whatsoever. B. Upon completion of the CD. Effective Settlement Payments, as of defined below, Executive, hereby releases and forever discharges the date hereofCompany and past and present affiliates, and except for obligations arising out of this Agreementsubsidiaries, NuTech Digital, Inc., for itself, and for its respective officers, directors, shareholders, partners, shareholdersprincipals, subsidiariesemployees, attorneys, insurers, agents, servants, consultants, representatives, employees, servants, attorneys, successors in interest, personal representativessuccessors, heirs, legatees, devisees, assigns, control persons and affiliates of the Company and each of them the Public Companies ("NuTech Releasors"collectively, the “Released Parties”), 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, controversiescauses of action, costs, expenses, attorneys' fees, damages, or judgments fees and liabilities of every kind, nature, character or description any nature whatsoever, whether in law based on contract, tort, statutory or in equityother legal or equitable theory of recovery, and whether known or unknown, suspected which Executive has, had or unsuspected, which the NuTech Releasors may now have, or at any time may have had, or which at any time hereafter may have or claim claims to have against any or all of the Macy Gray ReleaseesReleased Parties, prior including but not limited to any and all claims which relate to, arise from, or are in any manner connected to the date hereof arising out Employment Agreement and/or any other monetary consideration of any nature or relaxxxx xx XuTech's production and exploitation of the CDkind, whether accrued or not or other reason or basis whatsoever.

Appears in 1 contract

Samples: Separation and Mutual Release Agreement (Prime Sun Power Inc)

Mutual General Releases. Effective as after the revocation periods have expired pursuant to Section 5 hereof: 4.1. Subject to Subsection 4.3 of the date hereofthis Section, BioDrain, Atlantic Partners Alliance LLC, SOK Partners LLC, Jxxxxx Xxxxxxxx, and except for obligations arising out of this Agreement, Macy Gray Touring, Inc., f/s/o Macy GrayDx. Xxxxxx Xxxxxxxxxxxx, for itselfand on behalf of themselves and their respective past, present, future and for its rexxxxxxxx officers, former directors, pxxxxxxxofficers, shareholders, subsidiariesmembers, agentsowners, representativesaffiliates, assigns, associates, partners, licensees, employees, servantsinsurers, attorneys, successors and all persons or entities claiming or acting by, through, or in interestconcert with them or any of them (the “BioDrain Releasors”), personal representativesshall, heirsand do, legateeshereby, deviseescollectively and individually, assignsrelease and forever discharge Davidson, and each of them ("Macy Gray Releasors")Davidson’s past, hereby absolutely, fully and forever waive, rxxxxxx xxd discharge NuTech Digital, Inc.present, and its respective officers, directors, future partners, shareholdersassociates, subsidiariesspouses, agentsinsurers, representatives, employees, servants, and attorneys, successors and all persons or entities claiming or acting by, through, or in interest, personal representatives, heirs, legatees, devisees, assigns, and each of concert with them, whether past, present or future ("NuTech Releasees"), of and from any and all actions, causes of action, claims for relief, suits, obligations, debts, liens, contracts, promises, liabilities, injuries to person or property, claims, predicate acts, demands, liabilities, obligationsdamages, losses, controversies, costs, attorneys fees, or expenses, attorneys' feesfixed or contingent, damagesdirect or indirect, 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 not they arise out of or relating are related to NuTech's production the Dispute (“Claims”). The BioDrain Releasors acknowledge and exploitation agree that this release is a general and unconditional release and that the BioDrain Releasors do not reserve any rights whatsoever against Davidson or the other released parties enumerated above, except to the extent those rights are created expressly by this Agreement. 4.2. Subject to Subsection 4.3 of the CD. Effective as this Section, Davidson, for and on behalf of the date hereofDavidson and Davidson’s past, present, and except for obligations arising out of this Agreementfuture partners, NuTech Digitalassociates, Inc.spouses, for itselfinsurers, or attorneys, and for its respective officersall persons or entities claiming or acting by, directorsthrough, partnersor in concert with them, shareholdersshall, subsidiariesand do, agentshereby, representativescollectively and individually, employeesrelease and forever discharge BioDrain, servantsAtlantic Partners Alliance LLC, attorneysSOK Partners LLC, successors in interestJxxxxx Xxxxxxxx, personal representatives, heirs, legatees, devisees, assignsand Dx. Xxxxxx Xxxxxxxxxxxx, and each of them ("NuTech Releasors")their respective present, hereby absolutelyfuture and former directors, fully and forever waiveofficers, release and discharge Macy Gray Touringshareholders, Inc.affiliates, f/s/o Macy Grayassigns, and its respective officerx, xxxxxxorsassociates, partners, sharehoxxxxx, xxbsidiaries, agents, representativeslicensees, employees, servantsinsurers, attorneys, successors and all persons or entities claiming or acting by, through, or in interest, personal representatives, heirs, legatees, devisees, assigns, and each concert with them or any of them, whether past, present or future ("Macy Gray Releasees"), of and from any and all actionsClaims, causes whether or not they arise out of acxxxxor are related to the Dispute. Further, xxxtsDavidson is releasing all claims related to his employment with BioDrain including: all claims for discrimination and retaliation under any applicable federal, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees, damagesstate, or judgments local law, including, for example, rights and claims of every kinddiscrimination and retaliation under the Minnesota Human Rights Act (“MHRA”), naturethe St. Pxxx Human Rights Ordinance (“SPHRO”), character or description whatsoeverthe Minneapolis Civil Rights Ordinance (“MCRO”), whether the Age Discrimination in law or in equityEmployment Act (“ADEA”), the Older Workers Benefits Protection Act (“OWBPA”); the Americans with Disabilities Act, and whether known or unknown, suspected or unsuspected, which Title VII of the NuTech Releasors may now have, or at Civil Rights Act of 1964 (“Title VII”); any time may have had, or which at claim for: breach of contract; wrongful termination; illegal termination; constructive discharge; termination in violation of public policy; breach of an implied contract; promissory estoppel; defamation; invasion of privacy; fraud; retaliation; and infliction of emotional distress; .all claims for any time hereafter may have or claim to have against the Macy Gray Releasees, prior to the date hereof other unlawful employment practices arising out of or relaxxxx xx XuTech's production relating to Davidson’s employment or Davidson’s separation from employment; and exploitation all claims for any other form of employment compensation not provided in this Agreement (“Employment Claims”). Davidson acknowledges and agrees that Davidson’s release is a general and unconditional release and that Davidson does not reserve any rights whatsoever against BioDrain or the other released parties enumerated above, except to the extent those rights are created expressly by this Agreement. This Agreement does not prohibit Davidson from filing an administrative complaint, or an administrative charge of discrimination with, or cooperating or participating in an investigation or proceeding conducted by, the Equal Employment Opportunity Commission or other federal, local or state regulatory or law enforcement agency. If Davidson has filed or files a charge or complaint, Davidson agrees that the consideration that Davidson is receiving in this Agreement completely satisfies any and all claims in connection with such charge or complaint, and that Davidson is not entitled to any other monetary relief of any kind with respect to the Claims and Employment Claims that Davidson has waived in this Agreement. 4.3. The foregoing releases in Subsections 4.1 and 4.2 of this Section shall not release or discharge any claims for relief based upon or arising out of a breach by any Settling Party of any of the CDobligations undertaken in or made under this Agreement. Nothing in this Agreement shall be deemed to release any claims for relief by any Settling Party that arise out of this Agreement, including, but not limited to, any claims for non-performance or breach of any Settling Party of any of the terms and conditions contained in this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (BioDrain Medical, Inc.)

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Mutual General Releases. Effective as In consideration of the date hereofTermination Payment, the Supply Agreement suspension and termination, and except for obligations arising out of other good and valuable consideration, including the consideration set forth in this Agreement, Macy Gray Touringeffective upon the full and final payment by Ingevity of the Termination Payment, Inc.Georgia-Pacific and Ingevity on their own behalf and on behalf of their respective agents, f/s/o Macy Grayrepresentatives, for itselfmembers, and for its rexxxxxxxx shareholders, principals, affiliated entities, parents, subsidiaries, officers, directors, pxxxxxxxattorneys, shareholderssureties, subsidiariesinsurers, 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, employeesmembers, servantsshareholders, attorneysprincipals, successors in interestaffiliated entities, personal representativesparents, heirssubsidiaries, 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, partnersattorneys, shareholderssureties, subsidiaries, agents, representativesinsurers, employees, servantspredecessors, attorneys, successors in interest, personal representativessuccessors, heirs, legatees, devisees, assignsexecutors, and each of them, whether past, present or future assigns ("NuTech Releasees"), of and ”) from any and all actionsrights, claims, obligations, debts, demands, causes of action, suitsassessments, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' feescharges, damages, loss, liabilities and expenses (including attorneys’ fees, interest and litigation costs) of whatever kind or judgments of every kind, nature, character based on any legal or description whatsoeverequitable theory, right of action or otherwise, whether in law foreseen or in equityunforeseen, and whether known or unknown, suspected or unsuspected, which the Macy Gray Releasors may now havecontingent or fixed, accrued or unaccrued, under, arising out of, or at any time may have had, or whxxx xx xxy time hereafter may have or claim to have against the NuTech Releasees, prior related to the date hereof arising out 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 relating purporting to NuTech's production and exploitation assert any of the CDReleased Claims as set forth in this Agreement. Effective as of Without limiting the date hereofforegoing, 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 except for obligations arising out of the releases contained in this Agreement become effective. Notwithstanding the foregoing or anything else in this Agreement, NuTech Digital, Inc., for itselfnothing in this Agreement shall operate to release either Party with respect to the Surviving Rights and Obligations, and for its respective officersthese obligations are specifically excluded from the Released Claims. For the avoidance of doubt, directors, partners, shareholders, subsidiaries, agents, representatives, employees, servants, attorneys, successors in interest, personal representatives, heirs, legatees, devisees, assigns, this mutual release specifically includes the release of all rights 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 obligations arising from 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, which the NuTech Releasors may now have, or at any time may have had, or which at any time hereafter may have or claim to have against the Macy Gray Releasees, prior related to the date hereof arising out of or relaxxxx xx XuTech's production Audit Right in the Supply Agreement and exploitation of the CDany carryover volumes and any incentive payments.

Appears in 1 contract

Samples: Confidential Termination Agreement and Release (Ingevity Corp)

Mutual General Releases. Effective as 7. For and in consideration of the date hereofterms set forth herein, X. Xxxxxxx and X. Xxxxxxx on behalf of themselves and their predecessors, successors, corporations, partners, joint venturers, partnerships, affiliates, representatives, agents, attorneys, employees, spouses, insurers, assigns, beneficiaries, and except for obligations arising out related entities, hereby fully and forever GENERALLY RELEASE, ACQUIT, DISCHARGE, DISCLAIM, and RENOUNCE any and all claims, demands, damages, actions, causes of action, and/or suits of whatever nature, in law or equity, statutory, common law, or otherwise, that they have, might have, or ever had, known and realized or unknown and not realized, that are based in whole or in part on any conduct, fact, matter, act, omission, cause, transaction, or thing whatsoever, occurring from the beginning of time through the Effective Date of this Agreement, Macy Gray Touringagainst Crdentia, Inc.CRDE, f/s/o Macy Grayand/or Arizona Home Health, for itselfand/or any of their past, present, and for its rexxxxxxxx officersfuture parent entities, directorsaffiliates, pxxxxxxxsubsidiaries, 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, shareholderspartnerships, fiduciaries, trustees, employees, agents, insurers, predecessors, successors, assigns, attorneys, spouses, administrators, and related entities, including but not limited to any matters that are based on, arise out of, or are in any way related to or connected with the allegations in the Lawsuit, the Acquisition Agreement, or the Allocation Agreement. Notwithstanding anything to the contrary herein, this release does not release the obligations of the Parties set forth in this Agreement. 8. For and in consideration of the terms set forth herein, Crdentia, CRDE, and Arizona Home Health, on behalf of themselves and their predecessors, successors, corporations, parents, subsidiaries, agentsmembers, partners, joint venturers, partnerships, affiliates, representatives, employees, servantsagents, attorneys, successors in interestemployees, personal representativesofficers, heirsdirectors, legatees, deviseesinsurers, assigns, and each of thembeneficiaries, whether pasthereby fully and forever GENERALLY RELEASE, present or future ("NuTech Releasees")ACQUIT, of DISCHARGE, DISCLAIM, and from RENOUNCE any and all claims, demands, damages, actions, causes of action, suits, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees, damages, or judgments and/or suits of every kind, whatever nature, character or description whatsoever, whether in law or in equity, and whether known statutory, common law, or unknownotherwise, suspected or unsuspectedthat they have, which the Macy Gray Releasors may now might have, or at any time may have ever had, known and realized or whxxx xx xxy unknown and not realized, that are based in whole or in part on any conduct, fact, matter, act, omission, cause, transaction, or thing whatsoever, occurring from the beginning of time hereafter may have or claim to have against through 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 Date of this Agreement, NuTech Digitalagainst X. Xxxxxxx and/or X. Xxxxxxx and/or any of their past, Inc., for itselfpresent, and for its respective officersfuture predecessors, directorssuccessors, corporations, partners, shareholdersjoint ventures, subsidiariespartnerships, affiliates, representatives, agents, representativesattorneys, employees, servantsspouses, attorneys, successors in interest, personal representatives, heirs, legatees, deviseesinsurers, assigns, and each of them ("NuTech Releasors"), hereby absolutely, fully and forever waive, release and discharge Macy Gray Touring, Inc., f/s/o Macy Graybeneficiaries, and its respective officerxrelated entities, xxxxxxorsincluding but not limited to any matters that are based on, 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, damagesarise out of, or judgments of every kindare in any way related to or connected with the allegations in the Lawsuit, nature, character or description whatsoever, whether in law or in equity, and whether known or unknown, suspected or unsuspected, which the NuTech Releasors may now haveAcquisition Agreement, or at any time may have had, or which at any time hereafter may have or claim to have against the Macy Gray Releasees, prior Allocation Agreement. Notwithstanding anything to the date hereof arising out of or relaxxxx xx XuTech's production and exploitation contrary herein, this release does not release the obligations of the CDParties set forth in this Agreement.

Appears in 1 contract

Samples: Compromise, Settlement, and Release Agreement (Crdentia Corp)

Mutual General Releases. Effective as By execution of the date hereofthis Settlement Agreement, Jxxxxxxx X. Xxxx and Hxxx and each of their agents, representatives, affiliates, successors and assigns, release, acquit, forever discharge, and except for obligations arising out of this Agreement, Macy Gray Touring, Inc., f/s/o Macy Gray, for itself, covenant not to sxx EACO and/or their current and for its rexxxxxxxx former officers, directors, pxxxxxxx, shareholders, subsidiaries, agents, representativessuccessors, 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 agents or future ("NuTech Releasees"), of and from assigns for any and all claims, demands, actions, causes of action, suits, claims, demands, liabilities, obligationsexpenses, lossesdamages, covenants, contracts, controversies, costsagreements, expensespromises, attorneys' feesvariances, damagesjudgments, or judgments executions, claims and demands of every kind, nature, character or description any kind whatsoever, whether in law or in equity, and whether known which Jxxxxxxx X. Xxxx and/or Horn has, had or unknown, suspected or unsuspected, which the Macy Gray Releasors may now have, or at any time may have hadagainst EACO, and/or their current and former officers, directors, and successors, employees, agents or whxxx xx xxy time hereafter may have assigns, by reason of any matter, cause or claim to have against thing whatsoever, from the NuTech Releasees, prior beginning of the world to the date hereof day of these presents arising out of or relating related to NuTech's production the Commission Agreement or Lawsuit (“Released Claims”). This Release does not release any obligations under the terms of this Settlement Agreement. By execution of this Settlement Agreement, EACO and exploitation each of the CD. Effective as of the date hereofits agents, representatives, affiliates, successors and assigns, releases, acquits, forever discharges, and except for obligations arising out of this Agreement, NuTech Digital, Inc., for itself, covenants not to sxx Jxxxxxxx X. Xxxx and for its respective Hxxx and/or their current and former officers, directors, partners, shareholders, subsidiaries, agents, representativessuccessors, 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 agents or future ("Macy Gray Releasees"), of and from assigns for any and all claims, demands, actions, causes of acxxxx, xxxts, claims, demandsaction, liabilities, obligationsexpenses, lossesdamages, covenants, contracts, controversies, costsagreements, expensespromises, attorneys' feesvariances, damagesjudgments, or judgments executions, claims and demands of every kind, nature, character or description any kind whatsoever, whether in law or in equity, and whether known which EACO has, had or unknown, suspected or unsuspected, which the NuTech Releasors may now have, or at any time may have hadagainst Jxxxxxxx X. Xxxx and/or Horn, and/or their current and former officers, directors, and successors, employees, agents or which at assigns, by reason of any time hereafter may have matter, cause or claim to have against thing whatsoever, from the Macy Gray Releasees, prior beginning of the world to the date hereof day of these presents arising out of or relaxxxx xx XuTech's production and exploitation related to the Commission Agreement or Lawsuit (“Released Claims”). This Release does not release any obligations under the terms of the CDthis Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Eaco Corp)

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