Common use of Mutual General Releases Clause in Contracts

Mutual General Releases. Effective on the Closing Date, except as set forth below, the Parties hereby mutually release, acquit, satisfy and forever discharge each and every other Party and all of their respective Affiliates, successors, assigns, employees, directors, officers, agents, attorneys, and other representatives of and from any and all charges, claims, counterclaims, actions, rights, demands, debts, liens, obligations, causes of action, liability, losses, damages, costs, expenses or accountings of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, from the beginning of time up to the date of the Settlement Agreement, arising under any circumstances whatsoever, including without limitation claims in any way related to: (i) the claims and counterclaims asserted in, and the conduct of, the Litigations; (ii) any counterclaims required to have been brought in the Litigations, and (iii) the conduct of the settlement negotiations; provided, however, that for the avoidance of doubt, excluding any claims arising from or under this Settlement Agreement or the Asset Purchase Agreement. [***]. The Parties have each made an investigation of the facts pertaining to this Settlement Agreement and to the released claims as each Party deems necessary. Each Party is aware that it may hereafter discover facts in addition to, contrary to, or different from those it now knows or believes to be true with respect to the matters set forth herein. Nevertheless, it is the intention of each Party to fully, finally, and forever settle and release all claims of any kind or nature whatsoever that were in existence as of the date of this Settlement Agreement. In furtherance of the Parties’ intent, the release in this Agreement shall remain in full and complete effect notwithstanding the discovery or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read the provisions of California Civil Code Section 1542 and has consulted its own counsel regarding that section. Each Party waives any and all rights under California Civil Code Section 1542 (or any other similar law in any jurisdiction), which states: Each Party agrees and acknowledges that the released claims extend to and include unknown and unsuspected claims.

Mutual General Releases. Effective on the Closing Date, except as set forth below, the Parties hereby mutually release, acquit, satisfy and forever discharge each and every other Party and all of their respective Affiliates, successors, assigns, employees, directors, officers, agents, attorneys, and other representatives of and from any and all charges, claims, counterclaims, actions, rights, demands, debts, liens, obligations, causes of action, liability, losses, damages, costs, expenses or accountings of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, from the beginning of time up to the date of the Settlement Agreement, arising under any circumstances whatsoever, including without limitation claims in any way related to: (i) the claims and counterclaims asserted in, and the conduct of, the Litigations; (ii) any counterclaims required to have been brought in the Litigations, and (iii) the conduct of the settlement negotiations; provided, however, that for the avoidance of doubt, excluding any claims arising from or under this Settlement Agreement or the Asset Purchase Agreement. [***Redacted]. The Parties have each made an investigation of the facts pertaining to this Settlement Agreement and to the released claims as each Party deems necessary. Each Party is aware that it may hereafter discover facts in addition to, contrary to, or different from those it now knows or believes to be true with respect to the matters set forth herein. Nevertheless, it is the intention of each Party to fully, finally, and forever settle and release all claims of any kind or nature whatsoever that were in existence as of the date of this Settlement Agreement. In furtherance of the Parties’ ' intent, the release in this Agreement shall remain in full and complete effect notwithstanding the discovery or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read the provisions of California Civil Code Section 1542 and has consulted its own counsel regarding that section. Each Party waives any and all rights under California Civil Code Section 1542 (or any other similar law in any jurisdiction), which states: Each Party agrees and acknowledges that the released claims extend to and include unknown and unsuspected claims.:

Mutual General Releases. Effective on as of the Closing Datedate 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, except as set forth belowML Media, for itself, its successors and assigns, hereby waives, releases and forever discharges the Adelphia Parties, the Parties hereby mutually releaseEstate and their successors and affiliates, acquit, satisfy and forever discharge each and every other Party and all of their respective Affiliatespast, successorspresent, assignsand future officers, directors, partners, members, employees, directors, officers, agents, attorneysand servants (collectively, and other representatives of and the “Adelphia Released Parties”) from any and all charges, claims, counterclaimsobligations, demands, actions, rights, demands, debts, liens, obligations, causes of actionaction and liabilities, liabilityof whatsoever kind and nature, losses, damages, costs, expenses or accountings of any nature whatsoevercharacter and description, whether in law or equity, whether sounding in equitytort, contract or under other applicable law, whether known or unknown, suspected and whether anticipated or unsuspectedunanticipated, 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 the beginning of time up to the date of the Settlement Agreementany event, arising under any circumstances whatsoevertransaction, including without limitation claims matter, circumstance or fact in any way arising out of, arising as a result of, related to: (i) , with respect to or in connection with or based in whole or in part on the claims and counterclaims asserted in, and the conduct ofJoint Venture, the Litigations; State Court Action, the Recap Agreement, the Recap Action, or the Proofs of Claim (ii) any counterclaims required such claims, obligations, demands, actions, causes of action and liabilities referred to have been brought in herein collectively as the Litigations, and (iii) the conduct of the settlement negotiations“ML Claims”); provided, however, that for this release does not extend to and shall not be deemed to include, (i) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, P.C. and any employees or shareholders thereof and (ii) the avoidance members of doubt, excluding the Rigas family who are or were partners in Highland. b) Except with respect to any claims arising from rights or causes of action accruing under this Settlement Agreement 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, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to the Adelphia Parties, which the Adelphia Parties and their successors and assigns ever had, now have or may ever have against the ML Media 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 Asset Purchase Agreement. [***]. Proof of Claims (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “Adelphia Parties Claims”). c) The Parties have each made an investigation consequences of the facts pertaining to this Settlement Agreement and to foregoing waiver provisions have been explained by each of the released claims as each Party deems necessaryParties’ respective counsel. Each Party is aware of the Parties acknowledges that it may hereafter discover facts different from, or in addition to, contrary to, or different from those it now knows or believes to be true with respect to the matters set forth herein. Nevertheless, it is ML Claims or the intention of each Party to fully, finallyAdelphia Parties Claims (as the case may be), and forever settle and release all claims of any kind or nature whatsoever agrees that were in existence as of the date of this Settlement Agreement. In furtherance of Agreement and the Parties’ intent, the release releases contained herein shall be and remain effective in this Agreement shall remain in full and complete effect all respects notwithstanding such different or additional facts or the discovery or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read thereof. d) To the extent applicable law would not otherwise recognize the provisions of California Civil Code subsections (a) and (b) of this Section 1542 2.1 as constituting a full and has consulted its own counsel regarding that section. Each Party waives any final release applying to all unknown and unanticipated claims, as well as those now known or disclosed, the Parties hereby expressly waive all rights or benefits which either one or both of them may have now or in the future under California Civil Code Section 1542 (or any other similar law in any jurisdiction), which states: Each Party agrees and acknowledges that the released claims extend to and include unknown and unsuspected claimssuch applicable law.