Common use of Mutual General Releases Clause in Contracts

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. 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 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 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 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. a. EmployeeConsultant, individually, and on behalf of, as applicable, EmployeeConsultant’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 however, that nothing in this Agreement will be considered a release of EmployeeConsultant’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 and/or the Company’s breach of this Agreement. b. The Company does hereby GENERALLY RELEASE, ACQUIT, AND DISCHARGE the EmployeeConsultant, individually, and as applicable, EmployeeConsultant’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 however, that nothing in this Agreement will be considered a release of the Company’s claims, if any, for the EmployeeConsultant’s breach of this Agreement. c. Notwithstanding anything to the contrary herein, the Company or Heelys, Inc.Company’s obligations to Employee Consultant under that certain Indemnification Agreement, effective August 31, 2006 (the “ “Indemnification Agreement 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.Company’s indemnification obligations to Employee Consultant 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 Consultant has fully complied with the Indemnification Agreement.

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 officersattorneys, employeesrepresentatives, agentsguardians, attorneysheirs, assigns, representativessuccessors, directors, shareholders, owners, servantsexecutors, administrators, insurers, parentsservants, subsidiariesagents, employees, affiliates, and related corporations, firms, associations, partnerships, and entities, specifically including the Other Heelys Releasees (as defined below)GNC Releasees, from any and all Claims and Controversies (as defined below), including without limitation, any and all obligations under the Employment AgreementControversies; provided, however 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 Company, and as applicable, its respective current, former, and successor attorneys, representatives, guardians, heirs, assigns, successors, executors, administrators, insurers, servants, agents, employees, affiliates, and related corporations, firms, associations, partnerships, and entities, 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. a. EmployeeIn consideration of the promises set forth in this Agreement, individuallyupon Walgreens's payment of the Settlement Sum set forth in Section 2, and on behalf offor other good and valuable consideration, MMR hereby generally RELEASES, RELIEVES AND FOREVER DISCHARGES Walgreens, and Walgreens hereby generally RELEASES, RELIEVES AND FOREVER DISCHARGES MMR (with the scope of this mutual release applying to each and all of MMR's and Walgreens's respective current and former subsidiaries, parent corporation(s), members, officers, directors, partners, principals, shareholders, independent contractors, subcontractors, predecessors, successors, assigns, associates, representatives, _____________________________________________________________________________________________________ [***]: Certain confidential information contained in this document marked with three asterisks has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended . employees, attorneys, accountants, and agents, 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 agreements, complaints, controversies, damages, duties, grievances, loss, liability, omissions, promises, remedies, claims, expenses, debts, demands, costs, contracts, obligations, actions, causes of action, and Controversies rights (as defined belowcontingent, accrued, inchoate, or otherwise), including without limitationknown or unknown, any and all obligations under foreseen or unforeseen, directly or indirectly arising from or out of, growing out of, or based upon, in whole or in part, or attributable to, events, acts or omissions, occurring in whole or in part from the Employment Agreement; provided, however , that nothing in this Agreement will be considered a release beginning of Employee’s claims, if any, for vested employment benefits pursuant time to the Employee Retirement Income Security Act Effective Date, including but not limited to, all claims of 1974 patent infringement that were or could have been asserted in the Legal Actions, regardless of whether any such claims or causes of action have yet accrued. Furthermore, except 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 provided for 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 Section 16 of this Agreement, the Parties agree not to bring, commence, institute, maintain, or prosecute, either as a named or unnamed party, any other action at law or in equity or any legal proceeding whatsoever arising out of, based upon or relating to, any facts or circumstances released by this Agreement. This Agreement may be pled as a full and complete defense to, and may be used as a basis for a dismissal of any action or proceeding in the United States, or elsewhere, arising out of, based upon or relating to any facts or circumstances released by this Agreement. The Releases stated in this paragraph do not release any obligations imposed by this Agreement, including but not limited to the Company’s knowledgeobligations in Sections 2-6 of this Agreement. The Parties further acknowledge that they are familiar with California Civil Code Section 1542 and that they hereby expressly waive the protection of that section, Employee has fully complied which provides as follows: The Parties waive and relinquish any right or benefit which they have or may have under California Civil Code Section 1542, and any similar law of any state or territory of the United States. That is, the Parties may not invoke the benefits of California Civil Code Section 1542, or any such similar law, in order to prosecute any claims released hereunder. In connection with such waiver and agreement, the Indemnification Parties acknowledge that they are aware that they or their attorney may hereafter discover claims or facts or legal theories in addition to or different from those which they know or believe to exist with respect to the subject litigation, but that it is the intention hereby to fully, finally and forever settle and release all of the claims, known or unknown, suspected or unsuspected, which now exist, may exist or heretofore have existed between the Parties by reason of any acts, circumstances, facts, events or transactions occurring before the date of this Agreement.. In furtherance of such intention, the release herein given shall be and remain in