Receipt and Release. Any payment to any Participant or Beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims against the Plan Sponsor, the Plan Administrator and the Trustee under the Plan, and the Plan Administrator may require such Participant or Beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect. If any Participant or Beneficiary is determined by the Plan Administrator to be incompetent by reason of physical or mental disability (including not being the age of majority) to give a valid receipt and release, the Plan Administrator may cause payment or payments becoming due to such person to be made to a legal guardian, trustee, or other proper representative of the Participant or Beneficiary without responsibility on the part of the Plan Administrator, the Plan Sponsor or the Trustee to follow the application of such funds.
Receipt and Release. As a condition of approval and payment of SELLER’s invoices, SELLER shall furnish to OWNER together with each of SELLER’s invoices, a Receipt for Payment and an Affidavit and a Release stating that all material used in said job has been paid for, and all laborers used on said job have been paid in full, and that there is no outstanding claim or lien against said job or equipment or against any bond concerning this project. At the same times, SELLER shall also obtain a Receipt for Payment and an Affidavit and a Release from each Materialman, Fabricator, Subcontractor, or Supplier and shall provide those documents to OWNER. Upon the delivery of these Receipts, Affidavits and Releases, and upon the approval of the OWNER that the work has been completed in a good and workmanlike manner and in accordance with the Contract Documents, the OWNER will pay to SELLER the bid price set forth herein, less retainage and withholding as herein provided.
Receipt and Release. As of the Closing and upon distribution of the Purchase Price in accordance with the Merger Agreement, the Stockholder acknowledges, confirms and agrees that the shares of Parent Common Stock allocated to such Stockholder, and issued to such Stockholder or to the Representative on behalf of such Stockholder, at the Effective Time pursuant to the Merger and the Merger Agreement constitute in full such Stockholder's proportionate share of the Purchase Price determined in accordance with Section 1.6 of the Merger Agreement and to which such Stockholder is entitled pursuant to the Merger Agreement. The Stockholder hereby remits, releases, acquits and forever discharges the Company, the Surviving Corporation and the Parent of and from any Claims (as defined below) relating to the sufficiency or amount of consideration allocated to and received by such Stockholder (or by the Representative on behalf of such Stockholder) at the Effective Time pursuant to the Merger Agreement and the Merger. AS OF THE CLOSING, THE STOCKHOLDER DOES HEREBY FOR THE STOCKHOLDER AND ANY OF THE STOCKHOLDER'S HEIRS, EXECUTORS, ADMINISTRATORS AND LEGAL REPRESENTATIVES REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE THE COMPANY (AND, AS OF THE EFFECTIVE TIME, THE SURVIVING CORPORATION) OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, RESPONSIBILITIES, DISPUTES, CAUSES OF ACTION AND OBLIGATIONS (COLLECTIVELY "CLAIMS") OF EVERY NATURE WHATSOEVER, LIQUIDATED OR UNLIQUIDATED, KNOWN OR UNKNOWN, MATURED OR UNMATURED, FIXED OR CONTINGENT, WHICH SUCH STOCKHOLDER NOW HAS, OWNS OR HOLDS OR HAS AT ANY TIME PREVIOUSLY HAD, OWNED OR HELD AGAINST THE COMPANY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS ARISING OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL ACTS OF THE COMPANY AND ITS EMPLOYEES AND AGENTS, WHETHER ANY SUCH CLAIM EXISTS AS OF THE CLOSING OR RELATES TO ANY MATTER THAT OCCURRED ON OR PRIOR TO THE CLOSING; PROVIDED, HOWEVER, THAT, EXCEPT AS SET FORTH IN THE PRECEDING PARAGRAPH, ANY CLAIM THAT MAY ARISE IN CONNECTION WITH THE FAILURE OF ANY OF THE PARTIES HERETO TO PERFORM ANY OF THEIR OBLIGATIONS HEREUNDER OR UNDER THE MERGER AGREEMENT OR UNDER ANY OTHER AGREEMENT RELATING TO THE TRANSACTIONS CONTEMPLATED HEREBY OR BY THE MERGER AGREEMENT OR FROM ANY BREACHES BY ANY SUCH PARTY OF ANY OF SUCH PARTY'S REPRESENTATIONS OR WARRANTIES HEREIN OR IN ANY OTHER AGREEMENT RELATING TO THE TRANSACTIONS CONTEMPLATED HEREBY OR BY THE MERGER AGREEMENT SHALL NOT BE REMISED, RELEASED, ACQUITTED OR...
Receipt and Release. Any payment to any Participant or beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims against the Employer, the Plan Administrator and the Trustee under the Plan, and the Plan Administrator may require such Participant or beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect. If any Participant or beneficiary is determined by the Plan Administrator to be incompetent, by reason of physical or mental disability, to give a valid receipt and release, the Plan Administrator may cause the payment or payments becoming due to such person to be made to another person for his or her benefit without responsibility on the part of the Plan Administrator, the Employer, or the Trustee to follow the application of such funds.
Receipt and Release. Any payment under the Plan to any Participant or Beneficiary shall to the extent thereof be in satisfaction of all claims with respect to the benefits paid under the Plan against the University and the Committee. The Committee may require a Participant or Beneficiary to execute a receipt and release in order to receive a payment.
Receipt and Release. Payments (in any form) to any Participant or Beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims for the compensation or awards deferred and relating to the Deferral Account to which the payments relate against the Company or any subsidiary or affiliated entity thereof, or the Administrator, and the Administrator may require such Participant or Beneficiary, as a condition to such payments, to execute a receipt and release to such effect. (c)
Receipt and Release. Any payment to any Participant or Beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims against the Company, the Employers and the Plan Administrator under the Plan, and the Plan Administrator may require such Participant or Beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect. If any Participant or Beneficiary is determined by the Plan Administrator to be legally incapacitated by reason or physical or mental disability (including minority) to give a valid receipt and release, the Plan Administrator may cause the payment or payments becoming due to such person to be made to another person for his or her benefit without responsibility on the part of the Plan Administrator, the Employer or the Company to follow the application of such funds.
Receipt and Release. Any payment to any Participant or the Participant’s legal representative or Beneficiary, in accordance with the provisions of this agreement, shall, to the extent thereof, be in full satisfaction of all claims against the Trustee and the Companies, any of whom may require such Participant, legal representative or Beneficiary, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Trustee or the Companies, as the case may be.
Receipt and Release. For the mutual promises and agreements contained herein and in the Asset Purchase Agreement, all instruments and agreements ancillary thereto or effecting the transactions contemplated therein, as an inducement to enter into the Asset Purchase Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Xxxx Environmental, Xxxx E&I and Basin Water do hereby, for themselves and their successors and assigns, unconditionally and irrevocably, release, acquit, remit and forever discharge each other and each other’s respective representatives, insurers, employees, servants, consultants, attorneys, accountants, contractors, sub-contractors, shareholders, principals, officers, directors, supervisors, successors, predecessors, assigns, agents, subsidiary companies, parent companies, affiliated companies, and joint ventures, of, from, and against any and all past, present, and future claims, demands, disputes, losses, damages, expenses, actions, suits, causes of action and rights of action whatsoever, known and unknown, anticipated and unanticipated, foreseen or unforeseen, matured and not matured, accrued and not accrued, direct and vicarious, whether on account, in contract, in tort, for civil rights, or on any other theory, that arise out of the Documents, as well as the hiring of Xxxxx Xxxxxxxx by Basin Water; provided, however, that Xxxx Environmental and Xxxx E&I do not release and expressly reserve all rights with respect to the confidentiality obligations set forth in the Documents. In addition, Xxxx Environmental and Xxxx E&I agree to release Basin Water from its Non-solicitation Obligation with respect to Xxxxx Xxxxxxxx and those individuals set forth in Schedule 3.24(a) of the Asset Purchase Agreement; provided, however, that Xxxx Environmental and Xxxx E&I do not release and expressly reserve all rights with respect to the Non-solicitation Obligation as it relates to all other individuals.
Receipt and Release. This Receipt and Release is made and entered into this 10th day of October, 1996 by and between The Xxxxxxxx Group, Inc. ("XXXXXXXX") and Pacific Technology Services, Inc. ("PACIFIC TECHNOLOGY").
