Common use of Mutual General Releases Clause in Contracts

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. (a) In consideration Effective as of the payments to be made completion of the Conversion (the “Effective Date”), each of the Trust and the benefits to be received by Xxxxx pursuant to Trustees, on the Agreementone hand, which Xxxxxand each of the members of the Investor Group, individually on the other hand, on behalf of each of themselves and collectivelyfor all of their past and present affiliated, acknowledges are in addition to payments associated, related, parent and benefits which Xxxxx would be entitled to receive absent the Agreementsubsidiary entities, Xxxxx, for himself/itself joint ventures and his/its dependentspartnerships, successors, successors in interests, assigns, heirsand the respective owners, trusteestrust beneficiaries, executors and administrators (and his and their legal representatives of every kind)officers, hereby forever releasesdirectors, dismissespartners, remises and discharges Etelosmembers, its predecessorsmanagers, principals, parents, subsidiaries, divisionspredecessor entities, related or affiliated companies and other affiliatesagents, officers, directors, stockholders, membersrepresentatives, employees, holders of certificates or sub-share certificates, shareholders, other security holders, advisors, consultants, attorneys, heirs, successorsexecutors, assignsadministrators, representativessuccessors and assigns of any said person or entity, agents and counselany 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 limiting limitation, claims that were or could have been asserted in 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 Litigation (collectively, the “ReleaseesReleased Claims”); provided, however, that nothing in this Release shall (i) from release (A) any and all arbitrationsrights or duties of any Released Persons under this Release or the Settlement Agreement, claims(B) any claims or causes of action that any Released Persons may have for the breach or enforcement of any provision of this Release or the Settlement Agreement, fees (C) any statutory, corporate, or contractual rights to indemnification, expense reimbursement, or expense advancement of any Released Person; (ii) limit in any way the defense of any Released Person (including claims for attorney’s fees)any potential counterclaim, demands, causes of action, damages, suits, proceedings, actions and/or liabilities cross-claim or other similar claim of any kind and every descriptionReleased Person) with respect to any Released Claim; or (iii) limit in any way any Released Person’s rights to indemnification, 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, uponexpense reimbursement, or by reason of expense advancement in connection with 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:Released Claim.

Mutual General Releases. (a) In consideration Effective as of the payments to be made date hereof, and the benefits to be received by Xxxxx pursuant to the except for obligations arising out of this Agreement, which XxxxxMacy Gray Touring, individually and collectivelyInc., acknowledges are in addition to payments and benefits which Xxxxx would be entitled to receive absent the Agreement, Xxxxxf/s/o Macy Gray, for himself/itself itself, and his/for 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, rexxxxxxxx officers, directors, stockholderspxxxxxxx, membersshareholders, subsidiaries, agents, representatives, employees, consultantsservants, attorneys, successors in interest, personal representatives, heirs, successorslegatees, 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, agents and counselemployees, includingservants, without limiting the foregoingattorneys, successors in their individual and corporate capacitiesinterest, Xxxxxxx X. Xxxxxpersonal representatives, Xxxxxx X. X. Xxxxxheirs, Xxxxxx X. Xxxxlegatees, Xxxxxx X. Xxxdevisees, Xxxxxx Xxxxxxxxxxassigns, and Xxxxxxx X. Xxxxxx each of them, whether past, present or future (collectively"NuTech Releasees"), the “Releasees”) of and from any and all arbitrations, claims, fees (including claims for attorney’s fees), demandsactions, causes of action, suits, claims, demands, liabilities, obligations, losses, controversies, costs, expenses, attorneys' fees, damages, suitsor judgments of every kind, proceedingsnature, actions and/or liabilities of any kind character or description whatsoever, whether in law or in equity, and every description, whether known or unknown (based upon any legal unknown, suspected or equitable theory, whether contractual, common-law, statutory, decisional, federal, state, local or otherwise) (together “claims”)unsuspected, which Xxxxx the Macy Gray Releasors may now has have, or at any time may have had for, uponhad, or by reason of any cause whatsoever whxxx xx xxy time hereafter may have or claim to have against the NuTech Releasees, by reason prior to the date hereof arising out of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter from the beginning relating to NuTech's production and exploitation of the world up to CD. Effective as of the date hereof, and including the Effective Date except for obligations arising out of this Agreement, including but not limited to: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.

Mutual General Releases. (a) In consideration a. Effective as of the payments to be made date of this Agreement, Ironclad 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, XxxxxIncumbents, for himself/itself themselves and his/its dependentsfor their respective agents, employees, trustees, trustors, beneficiaries, receivers, corporations, parents, affiliates, subsidiaries, predecessors, 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 affiliatesshareholders, officers, directors, stockholderspartners, partnerships, members, attorneys, representatives, heirs, spouses, executors, administrators, affiliated or related entities and their respective owners, officers, and directors and any other persons or entities who may claim through it, does hereby release the Shareholders, and each of them, absolutely and forever, and discharge all of their respective employees, consultantstrustees, heirstrustors, beneficiaries, receivers, corporations, parents, affiliates, subsidiaries, predecessors, successors, assigns, shareholders, officers, directors, partners, partnerships, members, attorneys, representatives, agents heirs, spouses, executors, administrators, affiliated or related entities and counseltheir respective owners, 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 Xxxxxxxxxxofficers, and Xxxxxxx X. Xxxxxx directors, and each of them, (collectively, the “"Shareholder Releasees”) of and from any and all arbitrations, claims, fees demands, damages, debts, liabilities, accounts, reckonings, obligations, costs, expenses, liens, actions and causes of action of every kind or nature, including but not limited to the State Court Action and the Federal Action, from the beginning of time to the date of this Agreement (including claims except for attorney’s feesany and all demands, damages, debts, liabilities, accounts, reckoning, obligations, costs, expenses, liens, actions and causes of action with respect to obligations created by or arising out of this Agreement), demands. This general release applies to all of the above claims, causes of action, damagesor otherwise, whether or not any such matters, causes, or things whatsoever were, or could in any way have been, claimed by Ironclad or the Incumbents, against the Shareholder Releasees, or any of them, or otherwise have been or could have been brought or alleged by Ironclad or the Incumbents, or any of them, against the Shareholder Releasees, or any of them, in law or in equity, suits, proceedingsdebts, actions and/or liabilities liens, security interests, claims, demands, damages, losses, costs, attorneys fees or expenses of any kind and every descriptionnature whatsoever, whether known or unknown (based upon any legal unknown, suspected or equitable theoryunsuspected, whether contractual, common-law, statutory, decisional, federal, state, local fixed or otherwise) (together “claims”)contingent, which Xxxxx now has Ironclad or may have had forthe Incumbents, uponat any time heretofore ever had, owned or held, or by reason of any cause whatsoever against the Releaseeswhich it now has, by reason of any actual owns 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:holds.

Mutual General Releases. (a) In consideration By execution of the payments to be made and the benefits to be received by Xxxxx pursuant to the this Settlement Agreement, which XxxxxJxxxxxxx X. Xxxx and Hxxx and each of their agents, individually and collectivelyrepresentatives, 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, successorsaffiliates, successors in interests, and assigns, heirsrelease, trusteesacquit, executors forever discharge, and administrators (covenant not to sxx EACO and/or their current 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, former officers, directors, stockholders, memberssuccessors, 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 or assigns for any and all arbitrations, claims, fees (including claims for attorney’s fees)demands, demandsactions, causes of action, liabilities, expenses, damages, suitscovenants, proceedingscontracts, actions and/or liabilities controversies, agreements, promises, variances, judgments, executions, claims and demands of any kind and every descriptionwhatsoever, whether known in law or unknown (based upon any legal or equitable theory, whether contractual, common-law, statutory, decisional, federal, state, local or otherwise) (together “claims”)in equity, which Xxxxx now has Jxxxxxxx X. Xxxx and/or Horn has, had or may have had foragainst EACO, uponand/or their current and former officers, directors, and successors, employees, agents or by reason of any cause whatsoever against the Releaseesassigns, by reason of any actual matter, cause or alleged actthing whatsoever, omission, transaction, practice, conduct, occurrence, or other matter from the beginning of the world up to and including the Effective Date day of these presents arising out of or related to 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, including but EACO and each of its agents, representatives, affiliates, successors and assigns, releases, acquits, forever discharges, and covenants not limited to:to sxx Jxxxxxxx X. Xxxx and Hxxx and/or their current and former officers, directors, successors, employees, agents or assigns for any and all claims, demands, actions, causes of action, liabilities, expenses, damages, covenants, contracts, controversies, agreements, promises, variances, judgments, executions, claims and demands of any kind whatsoever, in law or in equity, which EACO has, had or may have against Jxxxxxxx X. Xxxx and/or Horn, and/or their current and former officers, directors, and successors, employees, agents or assigns, by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents arising out of or related to the Commission Agreement or Lawsuit (“Released Claims”). This Release does not release any obligations under the terms of this Settlement Agreement.