OWNER’S RELEASE Sample Clauses

OWNER’S RELEASE. To the fullest extent permitted by law, Owner hereby assumes the risks occasioned by use of this license and the condition and use of the marina facilities, amenities, services and property. Owner hereby knowingly releases and shall defend, indemnify and hold harmless OBMC and its officers, employees, agents, successors and assigns, (“indemnities”) from and against any and all cost, expenses and liability (including but not limited to judgments, awards, attorney fees and verdicts) arising out of demand, claims, damage or injury (including death) to the person or property of Owner, Owner’s children, other family members, guests, invitees, agents and their personal representative(s), assign(s), heir(s) and next of kin, whether caused by the negligence of or through the acts or omissions of the indemnities or by any other cause whatsoever except indemnities sole negligence or intentional injury.
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OWNER’S RELEASE. To the fullest extent permitted by law, Owner here by assumes the risk occasioned by use of this license and the condition and the use of the marine Unlimited facilities, amenities services and property. Owner here by knowingly releases and shall defend, indemnify and hold harmless Marine Unlimited and its officers, employees, agents, successors and assigns (‘indemnities”) from and against any and all cost, expenses and liability, (including but not limited to judgments, awards, attorney’s fees and verdicts) arising out of demand, claims, damage or injury, (including death) to the person or property of Owner, Owner's children, other family members, guests, invitees, agents and their personal representative(s), assign(s), heirs and next of kin, whether caused by the negligence or through the acts or omissions of the indemnities or by any other cause whatsoever except indemnities sole negligence or intentional injury
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OWNER’S RELEASE. Owner, on behalf of himself/herself and his/her administrators, executors, guests, tenants, licensees, invitees, children, successors and assigns, does hereby release and forever discharge the CBA, and their respective agents, officers, directors, managers, members, representatives, successors and assigns from any and all past, present or future damages, controversies, losses, claims, liabilities, actions, judgments, liens, demands and causes of action of whatever kind or character whatsoever which Owner might now have or claim to have against the CBA, whether presently known or unknown, and of every nature and extent whatsoever on account of or in any way concerning, in any manner whatsoever arising out of or founded on Beach Access, including, without implied limitation, a release of all claims for injunctive relief, specific performance, declaratory judgment, compensatory damages, punitive damages or equitable relief of any nature, based upon any theory of recovery which Owner has or which may hereafter accrue.
Sample 1
OWNER’S RELEASE. Each Seller and Owner, on its own behalf, and on behalf of each of its affiliates irrevocably, unconditionally, voluntarily, knowingly, fully, finally and completely forever releases and discharges each of Buyer, its affiliates (including i3V) and the Companies and their respective successors, assigns and predecessors and each of their respective directors, managers, officers, employees, shareholders, and members (the “Released Parties”) from, against and with respect to any and all actions, accounts, agreements, bonds, causes of action, complaints, charges, claims, contracts, controversies, costs, covenants, damages, demands, debts, defenses, duties, expenses, executions, fees, injuries, interest, judgments, liabilities, losses, obligations, penalties, promises, reimbursements, remedies, suits, sums of money, torts, and undertakings of whatever kind or character, whether in law, equity or otherwise, or direct or indirect (including Damages), that such Seller or Owner now has, or may hereafter have or acquire, against any of the Released Parties (collectively, the “Released Claims”); provided, however, that nothing contained herein will operate to release any obligations of any of the Released Parties or any rights of any Seller or Owner arising under this Agreement or under any Transaction Document. Each Seller and Owner, on behalf of itself and its affiliates, irrevocably agrees to refrain from directly or indirectly asserting any claim or demand or commencing (or causing to be commenced) any Proceeding of any kind, in any court or before any tribunal, against any Released Party based upon any Released Claim.
Sample 1
OWNER’S RELEASE. In consideration of the ----------- ---------------- consideration payable pursuant to paragraph 20 of this letter agreement, the Owner, and each of its affiliates, officers, directors, employees (including Messrs. Xxxxxxx and Xxxxxxx Xxxxxxx), executors, representatives, agents, successors and assigns (collectively, the "Owner Group") covenants not to xxx or pursue any litigation against, and waives, releases and discharges Licensee and each of its affiliates, officers, directors, employees (including Xxxxxx Xxxxxxx and Xxxxxxx Xxxxxx), executors, agents, successors and assigns, any parent entity, present or future, (collectively, the "Licensee Group"), from any and all charges or causes of action it may have against any of them, including but not limited to any claims, demands, rights, judgments, defenses, actions or causes of action whatsoever, of any and every kind and description, whether known or unknown, incurred or not incurred, that the Owner Group have, ever had, now have, or shall or may hereafter assert with respect to any fact or event existing on August 11, 1997 or occurring before such date (collectively, "Claims") for or on the account of any liability, damage, loss, costs and expense of whatever kind connected with, arising out of or in any way related to the terms of this letter agreement and the negotiation of the terms hereof, including any Claims made or that would have been made in the letter dated July 18, 1997 from Xxxxxx & Xxxxxxx to Licensee; provided, however, that nothing in this subparagraph 22 shall release the Licensee Group from any obligation arising under the terms of the Prior Master Agreement. (b)
Sample 1
OWNER’S RELEASE. Owner, on behalf of itself and the Owner Parties, does each hereby fully and forever release, remise, and forever discharge Builder and the Builder Parties of and from any and all actions, claims, causes of action, suits, debts, liabilities, dues, accounts, demands, obligations, costs, expenses, losses, damages, and indemnities of every kind or nature whatsoever, whether known or unknown, suspected or unsuspected, contingent or fixed, direct or indirect, which Owner or any of the Owner Parties has as of the date hereof, whether based on contract, tort, statutory, or other legal or equitable theory of recovery in connection with or arising out of the VCA and the Disputes.
Sample 1
OWNER’S RELEASE. The Owners shall have delivered to Home an instrument dated the Closing Date which shall be effective only upon the occurrence of the Funding and Consummation Date releasing the Company from (i) any and all claims of the Owners against the Company and Home and (ii) obligations of the Company and Home to the Owners, except for (x) items specifically identified on Schedules 5.10 and 5.15 as being claims of or obligations to the Owners, (y) continuing obligations to Owners relating to their employment by the Company and (z) obligations arising under this Agreement or the transactions contemplated hereby. In the event that the Funding and Consummation Date does not occur, then the release instrument referenced herein shall be void and of no further force or effect.
Sample 1
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OWNER’S RELEASE. Owner, on behalf of himself/herself and his/her administrators, executors, guests, tenants, licensees, invitees, children, co-owners, successors and assigns, does hereby release and forever discharge the CBA, and their respective agents, officers, directors, managers, members, representatives, successors and assigns from any and all past, present or future damages, controversies, losses, claims, liabilities, actions, judgments, liens, demands and causes of action of whatever kind or character whatsoever which Owner might now have or claim to have against the CBA, whether presently known or unknown, and of every nature and extent whatsoever on account of or in any way concerning, in any manner whatsoever arising out of or founded on Beach Access, including, without implied limitation, a release of all claims for injunctive relief, specific performance, declaratory judgment, compensatory damages, punitive damages or equitable relief of any nature, based upon any theory of recovery which Owner has or which may hereafter accrue.
Sample 1
OWNER’S RELEASE. The Company acknowledges that it will use, occupy and enter the Owner’s Land at its own risk in all respects and releases the Owner and its employees, agents, and contractors from all costs, claims, actions, proceedings, demands, expenses, judgments, damages or losses of any kind whatsoever resulting from any accident, damage, loss, death or injury to person or property occurring within the Owner’s Land whether or not caused or contributed to by act or default of the Owner (excepting only any grossly negligent or wilful act or default of the Owner).
Sample 1

Related to OWNER’S RELEASE

  • Release of Claims In return for the benefits conferred under the Employment Agreement and this Agreement (which Employee acknowledges Company has no legal obligation to provide if Employee does not enter into this Agreement), Employee, on behalf of Employee and Employee's heirs, executors, administrators, successors and assigns, hereby releases and forever discharges Company and its past, present and future affiliates, future parent companies, subsidiaries, predecessors, successors and assigns, and each of their past, present and future shareholders, officers, directors, employees, agents and insurers, from any and all claims, actions, causes of action, disputes, liabilities or damages, of any kind, which may now exist or hereafter may be discovered, specifically including, but not limited to, any and all claims, disputes, actions, causes of action, liabilities or damages, arising from or relating to Employee's employment with Company, or the termination of such employment, except for any claim for payment or performance pursuant to the terms of this Agreement. This release includes, but is not limited to, any claims that Employee might have for reemployment or reinstatement or for additional compensation or benefits and applies to claims that Employee might have under either federal, state or local law dealing with employment, contract, tort, wage and hour, or civil rights matters, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, similar state laws, and any regulations under such laws. This release shall not affect any accrued rights Employee may have under any medical insurance, workers compensation or retirement plan because of Employee's prior employment with Company. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE EMPLOYEE IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, THAT EMPLOYEE MAY HAVE AGAINST COMPANY AND THE OTHER PERSONS NAMED ABOVE, EXCEPT FOR THE RIGHTS SPECIFICALLY EXCLUDED ABOVE.

  • Waiver and Release of Claims In consideration of, and subject to, the payment to be made to me by ____________ (the “Employer”) of the "Severance Payment" and the “Prorated Target Bonus Amount” (in each case as defined in the Severance Agreement, dated as of _________, entered into between me and the Company (the "Agreement")), I hereby waive any claims I may have for employment or re-employment by the Employer or any parent or subsidiary of the Employer after the date hereof, and I further agree to and do release and forever discharge the Employer and any parent or subsidiary of the Employer, and their respective past and present officers, directors, shareholders, insurers, employees and agents from any and all claims and causes of action, known or unknown, arising out of or relating to my employment with the Employer or any parent or subsidiary of the Employer, or the termination thereof, including, but not limited to, wrongful discharge, breach of contract, tort, fraud, the Civil Rights Acts, Age Discrimination in Employment Act as amended by the Older Workers’ Benefits Protection Act, Employee Retirement Income Security Act of 1974, Americans with Disabilities Act, or any other federal, state or local legislation or common law relating to employment or discrimination in employment or otherwise; provided however, that no claim that I may have against the Employer in any capacity other than as an Employer shall be waived pursuant to this Waiver and Release. Notwithstanding the foregoing or any other provision hereof, nothing in this Waiver and Release of Claims shall adversely affect (i) my rights to ongoing Severance Benefits under the terms of the Agreement; (ii) my rights to benefits (other than severance payments or benefits) under plans, programs and arrangements of the Employer or any parent or subsidiary of the Employer; (iii) my rights to indemnification under any indemnification agreement, applicable law or the certificates of incorporation or bylaws of the Employer or any parent or subsidiary of the Employer, (iv) my rights under any director's and officers' liability insurance policy covering me, (v) my workers compensation rights, or (vi) my unemployment insurance rights. I acknowledge that I have signed this Waiver and Release of Claims voluntarily, knowingly, of my own free will and without reservation or duress, and that no promises or representations have been made to me by any person to induce me to do so other than the promise of payment set forth in the first paragraph above and the Employer’s acknowledgment of my rights reserved under the second paragraph above. I understand that this release will be deemed to be an application for benefits under the Agreement and that my entitlement thereto shall be governed by the terms and conditions of the Agreement and any applicable plan. I expressly hereby consent to such terms and conditions. I acknowledge that (i) I am waiving any rights or claims I might have under the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act (“ADEA”); (ii) I have received consideration beyond that to which I was previously entitled; (iii) I have been given forty-five (45) days to review and consider this Waiver and Release of Claims (unless I have signed a written waiver of such review and consideration period); (iv) I have had the opportunity to consult with an attorney or other advisor of my choice and have been advised by the Company to do so if I choose; and (vi) I have been separately furnished a written schedule of all persons, listed by job title and age, within the affected decisional unit who were selected and not selected for the benefits extended by this Agreement, as may be required by the ADEA. I may revoke this Waiver and Release of Claims seven days or less after its execution by providing written notice to the Employer. I acknowledge that it is my intention and the intention of the Employer in executing this Waiver and Release of Claims that the same shall be effective as a bar to each and every claim, demand and cause of action hereinabove specified. In furtherance of this intention, I hereby expressly waive any and all rights and benefits conferred upon me by the provisions of SECTION 1542 OF THE CALIFORNIA CIVIL CODE, to the extent applicable to me, and expressly I consent that this Waiver and Release of Claims shall be given full force and effect according to each and all of its express terms and provisions, including as well those related to unknown and unsuspected claims, demands and causes of action, if any, as well as those relating to any other claims, demands and causes of action hereinabove specified. SECTION 1542 provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." I acknowledge that I may hereafter discover claims or facts in addition to or different from those which I now know or believe to exist with respect to the subject matter of this Waiver and Release of Claims and which, if known or suspected at the time of executing this Waiver and Release of Claims, may have materially affected this settlement. Finally, I acknowledge that I have read this Waiver and Release of Claims and understand all of its terms. Signature Name Date Signed EXHIBIT B Assignment and Assumption of Severance Agreement Between ____________ and ______________, As of ___________ ____________ (the “Old Employer”) and ______________ (the “Executive”) have entered into a Severance Agreement dated ______________ (the “Agreement”). The Executive is transferring employment from the Old Employer to ____________ (the “New Employer”), effective ________. The fourth bullet of the Agreement provides that, if the Executive transfers to the Company or an Affiliate, the Old Employer shall assign the Agreement to the Company or Affiliate. To order to carry out the provisions of the fourth bullet of the Agreement –

  • Waiver and Release In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected his settlement with the debtor. This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

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