Common use of Mutual Release and Waiver Clause in Contracts

Mutual Release and Waiver. FRANCO AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE SPECTRUM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCO, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVE, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCO, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUM'S ACQUISITION OF GLOBAL ON OCTOBER 31, 1993, (II) FRANCO'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION OF SUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR (III) THE EMPLOYMENT AGREEMENT, BUT EXCLUDING ANY CLAIMS FOR INDEMNIFICATION UNDER THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUM. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO FURTHER AGREES THAT HE WILL NOT FILE OR PERMIT TO BE FILED ON HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE "FRANCO GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE FRANCO GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE SPECTRUM GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO GROUP ARISING UNDER SECTION 6.2, 6.4, 11.4, 12.3 OR 12.16 OF THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.

Mutual Release and Waiver. FRANCO SANDLER AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE SPECTRUM GLOBAL AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERSGUARANTORS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GLOBAL GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCOSANDLER, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVE, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GLOBAL GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GLOBAL GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCOSANDLER, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GLOBAL GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUMSANDLER'S ACQUISITION OF RELATIONSHIP WITH THE GLOBAL ON OCTOBER 31, 1993GROUP, (II) FRANCO'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION OF SUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR (III) THE EMPLOYMENT AGREEMENT, BUT EXCLUDING ANY CLAIMS FOR INDEMNIFICATION UNDER THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUMGLOBAL. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO SANDLER FURTHER AGREES THAT HE WILL NOT FILE OR PERMIT TO BE FILED ON HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GLOBAL GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO SANDLER AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE "FRANCO SANDLER GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GLOBAL GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO SANDLER GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE FRANCO SANDLER GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE SPECTRUM GLOBAL GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO GROUP ARISING UNDER SECTION 6.2, 6.4, 11.4, 12.3 OR 12.16 OF THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GLOBAL GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.

Mutual Release and Waiver. FRANCO PATEREK AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE SPECTRUM DISCHARGX XXXXXRUM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCOPATEREK, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVE, OR MAY NOW OR XXX XX IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCOPATEREK, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTIONACXXXX, OBLIGATIONSXBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUM'S ACQUISITION OF GLOBAL ON OCTOBER 31, 1993, (II) FRANCOPATEREK'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION OF SUCH TERMINATXXX XX XUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR GLOBAL, (III) THE EMPLOYMENT AGREEMENTAGREEMENT OR (IV) THE PENDING INDICTMENT OF PATEREK IN THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OX XXX XORK, BUT EXCLUDING EXCEPT FOR ANY CLAIMS CLAIM WHICH PATEREK MAY HAVE FOR INDEMNIFICATION UNDER FOR LIABILITY RELATIXX XX XIVIL CORPORATE MATTERS OF SPECTRUM IN WHICH PATEREK IS INVOLVED BECAUSE HE WAS AN OFFICER OF GLOBAL OR A XXXXXXOR OF SPECTRUM OR IS ALLEGED TO HAVE BEEN AN OFFICER OF SPECTRUM (UNLESS A COURT DETERMINES THAT PATEREK WAS AN ACTIVE PARTICIPANT IN THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUMEVENT GIVING RISE TO XXXX XLAIM). THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO PATEREK FURTHER AGREES THAT HE WILL NOT FILE OR PERMIT TO BE FILED ON XXXXX XN HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO PATEREK AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE "FRANCO GROUPPATEREK XXXXX"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMSCXXXXX, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO PATEREK GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE FRANCO OX XXX XATEREK GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE SPECTRUM SPXXXXXX GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO PATEREK GROUP ARISING UNDER SECTION 6.2, 6.4, 11.4, 12.3 OR 12.16 OF 10.00 XX THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.

Mutual Release and Waiver. FRANCO FERRENTINO AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE SPECTRUM DISCHARGX XXXXXXXX AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCOFERRENTINO, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVE, OR MAY NOW OR MXX XXX XX IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCOFERRENTINO, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTIONACXXXX, OBLIGATIONSXXXXGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUM'S ACQUISITION OF GLOBAL ON OCTOBER 31, 1993, (II) FRANCOFERRENTINO'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION OF SUCH TERMXXXXXXX XX XUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR (III) THE EMPLOYMENT AGREEMENT, BUT EXCLUDING EXCEPT FOR ANY CLAIMS CLAIM WHICH FERRENTINO MAY HAVE FOR INDEMNIFICATION UNDER FOR LIABILITY RELAXXXX XX XXVIL CORPORATE MATTERS OF SPECTRUM IN WHICH FERRENTINO IS INVOLVED BECAUSE HE WAS AN OFFICER OF GLOBAL OR XX XXXXXXD TO HAVE BEEN AN OFFICER OF SPECTRUM (UNLESS A COURT DETERMINES THAT FERRENTINO WAS AN ACTIVE PARTICIPANT IN THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUMEVENT GIVING RISX XX XXXX CLAIM). THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO FERRENTINO FURTHER AGREES THAT HE WILL NOT FILE XXX XXXE OR PERMIT TO BE FILED ON HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO FERRENTINO AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE "FRANCO GROUPFEXXXXXXXX XROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMSCXXXXX, KNOWN XXXWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO FERRENTINO GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF XXXXXX XX THE FRANCO FERRENTINO GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE SPECTRUM THX XXXXXXXM GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO FERRENTINO GROUP ARISING UNDER SECTION 6.2, 6.4, 11.4, 12.3 OR 12.16 . 12.0 XX 00.00 OF THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.

Mutual Release and Waiver. FRANCO PATEREK AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE DISXXXXXX SPECTRUM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCOPATEREK, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVE, OR MAY XX XXX NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCOPATEREK, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF CAUXXX XX ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUM'S ACQUISITION OF GLOBAL ON OCTOBER 31, 1993, (II) FRANCOPATEREK'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION TXX XXXXXXATION OF SUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR GLOBAL, (III) THE EMPLOYMENT AGREEMENTAGREEMENT OR (IV) THE PENDING INDICTMENT OF PATEREK IN THE U.S. DISTRICT COURT FOR THE EASTERX XXXXXICT OF NEW YORK, BUT EXCLUDING EXCEPT FOR ANY CLAIMS CLAIM WHICH PATEREK MAY HAVE FOR INDEMNIFICATION UNDER FOR LIABILITX XXXXXING TO CIVIL CORPORATE MATTERS OF SPECTRUM IN WHICH PATEREK IS INVOLVED BECAUSE HE WAS AN OFFICER OF XXXXXX OR A DIRECTOR OF SPECTRUM OR IS ALLEGED TO HAVE BEEN AN OFFICER OF SPECTRUM (UNLESS A COURT DETERMINES THAT PATEREK WAS AN ACTIVE PARTICIPANT IN THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUMEVENT GIXXXX XXSE TO SUCH CLAIM). THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO PATEREK FURTHER AGREES THAT HE WILL NOT FILE OR PERMIT TO PXXXXX XO BE FILED ON HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO PATEREK AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE THX "FRANCO XXXXREK GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL XXX XXX CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO PATEREK GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER XXXXXX OF THE FRANCO PATEREK GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE HAXX XX XHE SPECTRUM GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO PATEREK GROUP ARISING UNDER SECTION 6.2, 6.4, 11.411.0, 12.3 00.0 OR 12.16 OF THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.

Mutual Release and Waiver. FRANCO FERRENTINO AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE XXXXXXXXX SPECTRUM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, INDEPENDENT CONTRACTORS, ATTORNEYS, ADVISERS, SUCCESSORS AND ASSIGNS (THE "SPECTRUM GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL CLAIMS, KNOWN OR UNKNOWN, WHICH FRANCOFERRENTINO, HIS HEIRS, SUCCESSORS, OR ASSIGNS HAVEHAVX, OR MAY XX XXX NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE SPECTRUM GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER OF THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO FRANCOFERRENTINO, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF XXXXXX XX ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT, ARRANGEMENT OR PRACTICE OF OR WITH ANY MEMBER OF THE SPECTRUM GROUP (INCLUDING ANY INDEMNIFICATION AGREEMENT OR OBLIGATION) OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH CLAIMS THAT ARISE OUT OF OR RELATE TO (I) ANY EVENT OCCURRING IN WHOLE OR IN PART PRIOR TO SPECTRUM'S ACQUISITION OF GLOBAL ON OCTOBER 31, 1993, (II) FRANCOFERRENTINO'S RELATIONSHIP WITH THE SPECTRUM GROUP, THE TERMINATION XXX XXXXXXATION OF SUCH RELATIONSHIP OR THE PURCHASE, OWNERSHIP AND SALE BY SPECTRUM OF GLOBAL OR (III) THE EMPLOYMENT AGREEMENT, BUT EXCLUDING EXCEPT FOR ANY CLAIMS CLAIM WHICH FERRENTINO MAY HAVE FOR INDEMNIFICATION UNDER FOR LIABIXXXX XXXXXING TO CIVIL CORPORATE MATTERS OF SPECTRUM IN WHICH FERRENTINO IS INVOLVED BECAUSE HE WAS AN OFFICER XX XXXXXX OR IS ALLEGED TO HAVE BEEN AN OFFICER OF SPECTRUM (UNLESS A COURT DETERMINES THAT FERRENTINO WAS AN ACTIVE PARTICIPANT IN THE EMPLOYMENT AGREEMENT OR THE BY-LAWS OF SPECTRUMEVENT XXXXXX XXSE TO SUCH CLAIM). THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED, INCLUDING, BUT NOT LIMITED TO, WAGES, BACK PAY, FRONT PAY, COMPENSATORY DAMAGES OR PUNITIVE DAMAGES. FRANCO FERRENTINO FURTHER AGREES THAT HE WILL NOT FILE OR PERMIT TO OX XXXXXX XO BE FILED ON HIS BEHALF ANY SUCH CLAIM. THE SPECTRUM GROUP AGREES TO RELEASE, REMISE, ACQUIT AND DISCHARGE FRANCO FERRENTINO AND HIS HEIRS, SUCCESSORS AND ASSIGNS (THE XXX "FRANCO XXXXENTINO GROUP"), JOINTLY AND SEVERALLY, FROM ANY AND ALL AXX XXX XXX CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO FERRENTINO GROUP AND ANY AND ALL LIABILITY WHICH ANY MEMBER XXX XXXXXX OF THE FRANCO FERRENTINO GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE TO THE XXXX XX XHE SPECTRUM GROUP, WHETHER DENOMINATED CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES OR LIABILITIES, ARISING FROM ANY AND ALL BASES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS UNDER ANY POLICY, AGREEMENT OR ARRANGEMENT OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, RELATING TO ANY MATTER, CAUSE OR THING WHATSOEVER FROM THE BEGINNING OF THE WORLD TO THE DATE OF THIS MUTUAL RELEASE AND WAIVER, EXCEPT FOR ANY CLAIMS, KNOWN OR UNKNOWN, WHICH THE SPECTRUM GROUP HAS, OR MAY NOW OR IN THE FUTURE HAVE, AGAINST ANY MEMBER OF THE FRANCO FERRENTINO GROUP ARISING UNDER SECTION 6.2, 6.4, 11.4, 12.3 00.0. 00.0 OR 12.16 OF THE STOCK PURCHASE AGREEMENT AND EXCEPT AS PROVIDED IN ARTICLE III HEREIN. THIS RELEASE IS FOR ANY RELIEF, NO MATTER HOW DENOMINATED. THE SPECTRUM GROUP FURTHER AGREES THAT IT WILL NOT FILE OR PERMIT TO BE FILED ON ITS BEHALF ANY SUCH CLAIM. NOTHING CONTAINED IN THIS MUTUAL RELEASE AND WAIVER WILL LIMIT THE EFFECT OF SECTION 11.9 OF THE STOCK PURCHASE AGREEMENT.