Mutual Waivers and Releases. A. RELEASE OF ALL CLAIMS. Except as to the obligations of the parties under this Settlement Agreement, and in further consideration for the execution of this Settlement Agreement:
(1) Acacia, on behalf of itself and its partners, parents, subsidiaries, divisions, affiliates, officers, directors, shareholders, investors, employees, representatives, agents, attorneys, transferors, transferees, predecessors, successors, and assigns, hereby forever and fully releases and discharges the Xxxxxx, and each of their respective partners, employees, representatives, agents, attorneys, transferors, transferees, predecessors, successors, and assigns from any and all claims, rights, demands, liens, agreements, contracts, warranties, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, accounts, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity, or otherwise, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, liquidated or unliquidated, and whether or not concealed or hidden, which exist, may exist, have existed, or may have existed, or which hereafter can, will, or may exist, based on any facts, events, or omissions occurring prior to the date hereof, including but not limited to claims asserted in the Cross-Action.
(2) Xxxxxxxxx, on behalf of itself and its partners, parents, subsidiaries, divisions, affiliates, officers, directors, shareholders, investors, employees, representatives, agents, attorneys, transferors, transferees, predecessors, successors, and assigns, hereby forever and fully releases and discharges the Xxxxxx, and each of their respective partners, employees, representatives, agents, attorneys, transferors, transferees, predecessors, successors, and assigns from any and all claims, rights, demands, liens, agreements, contracts, warranties, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, accounts, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity, or otherwise, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, liquidated or unliquidated, and whether or not concealed or hidden, which exist, may exist, have existed, or may have existed, or which hereafter can, will, or may exist, based on any facts, events, or omissions occurring prior to the date hereof, including but not limited to claims asserte...
Mutual Waivers and Releases. 2.1. Each Party does hereby waive, remise, release, acquit and forever discharge each other Party hereto, and all of such Party's predecessors, successors, affiliates, assigns and, as applicable, all of such Party's shareholders, members, employees, officers, directors, managers, and agents of whatsoever kind from any and all Claims that each Party may have against any one or more of the other Parties arising from any relationship, action, event or transaction of whatsoever kind arising out of or in any way relating to Palweb or PPP, regardless of when such relationship, action, event or transaction occurred or may have occurred, irrespective of whether such Party was acting in an individual capacity or as a representative, officer, director, or shareholder of any business or other organization; provided, however, that the foregoing mutual release and waiver shall not apply to any unpaid amounts due and owing to or from a Party as reflected on the books and records of Palweb or PPP or to any written agreements between a Party and Palweb or PPP of a continuing nature. It is not the intent of the Parties to terminate or modify the terms of existing contracts to which the Parties or any of them may be a party.
Mutual Waivers and Releases. Except (i) as specifically provided with respect to the Tracking Account Loan and (ii) with respect to the final invoice for payment submitted by Seller to Buyer in the ordinary course of business in connection with deliveries of gas by Seller to Buyer, in accordance with Section 4.1 of the Agreement as in effect prior to the Effective Date, for the period from and including June 1, 2001 to but excluding the Effective Date, and effective upon and in consideration for Buyer's payment to Seller, within thirty (30) Days of the Effective Date, of eleven million four hundred fifty-seven thousand three hundred ninety-four dollars ($11,457,394) by wire transfer in immediately available funds to an account to be specified by Seller, each of Seller and Buyer, on behalf of itself and its Affiliates, its shareholders, and their respective successors and assigns, hereby irrevocably waives and releases the other party and such party's Affiliates, shareholders, and their respective successors and assigns, from any and all Claims arising out of or relating to this Agreement as in effect prior to the Effective Date, including, without limitation, any and all Claims arising out of or relating to the purchase and sale of gas, any minimum annual or minimum monthly take obligations, any incremental revenues, any transportation savings or demand charges, any price risk management fees or any foreign currency adjustments.
Mutual Waivers and Releases. (a) Except to enforce this Agreement, to enforce any rights under a retirement, welfare or stock plan or program, to exercise any applicable rights of indemnification as an officer, employee or former officer or employee of the Bank, or as provided in paragraph 3(c) below, Xx. Xxxxxx, for herself, her spouse (with respect to any claims he could make relating to her employment for former employment), heirs, executors, agents or assigns (including attorneys) (hereinafter the “Xxxxxx Releasing Parties”), hereby release and forever discharge, waive, release and hold harmless the Bank and all of its current or past subsidiaries and affiliates, shareholders, successors, assigns, directors, officers, employees and agents, (“Bank Released Parties”) from any and all liability or claims which arose or could have arisen prior to the Effective Date of signing of this Agreement, including, but not limited to, all claims relating to her Employment Agreements with the Bank, compensation, equity incentives or other terms of employment with the Bank, all claims arising under any express or implied contract, tort, statute, rule, or regulation or the common law, including claims arising under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Act of 1866, as amended, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974 and the Illinois Human Rights Act, as those acts have been amended. Xx. Xxxxxx also agrees that if any action is brought on her behalf before any court, arbitrator, mediator or administrative body relating to claims so released, she will not accept any payments of monies in connection therewith.
(b) Except to enforce this Agreement, or as provided in Paragraph 3(c) below, the Bank Released Parties hereby release, and forever discharge, waive, release and hold harmless the Xxxxxx Releasing Parties from and with respect to any and all actions, liabilities, and other claims for relief and remuneration whatsoever, known or unknown, arising prior to the Effective Date of this Agreement, including those arising out of or concerning Xx. Xxxxxx’x employment at the Bank, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to federal, state or local statute. The Bank also agrees that if any action is brought in its behalf before any court, arbitrator, mediator or administrative body relating to claims...
Mutual Waivers and Releases
