Common use of Release and Covenant Not to Sue Clause in Contracts

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrower, on behalf of itself and all of its heirs, successors and assigns, remise, release, acquit, satisfy and forever discharge Lender or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interest, and all of the past, present and future officers, directors, contractors, employees, agents, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, claims, demands and causes of action of any nature whatsoever, at law or in equity, known or unknown, either now accrued or subsequently maturing, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this Agreement, including, without limitation, matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the assumption of the Loan by New Borrower, (d) the consent by Lender to the Requested Actions, (e) the secured indebtedness described in the Loan Documents, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.

Release and Covenant Not to Sue. ORIGINAL BORROWERNEW BORROWER AND TENANT. Original --------------------------------------------------- BorrowerNew --------------------------------------------------------- Borrower and Tenant, jointly and severally, on behalf of itself themselves and all of its their respective heirs, successors and assigns, remise, release, acquit, satisfy and forever discharge Lender or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interest, and all of the past, present and future officers, directors, contractors, employees, agents, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") Parties from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, claims, demands and causes of action of any nature whatsoever, at law or in equity, known or unknown, either now accrued or subsequently maturingmaturing (but only as to matters arising prior to or on the date of this Agreement), which Original New Borrower or Tenant now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this Agreement, including, without limitation, matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the assumption of the Loan by New Borrower, (d) the consent by Lender to the Requested Actions, (e) the secured indebtedness described in the Loan Documents, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties or Tenant and any of Lender Parties, and (h) the Project or its development, financing and operation. Original New Borrower and Tenant for itself themselves and all of its their respective successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrower(a) Upon the occurrence of the Effective Date in accordance with Paragraph 6 hereof, and in consideration for the Settlement Fund Amount described in this Settlement Agreement, End-Payor Plaintiffs and the End-Payor Classes—except those who requested exclusion from the End-Payor Classes and whose request was approved by the Court—on behalf of itself themselves and all of its heirstheir respective past and present parents, successors and assigns, remise, release, acquit, satisfy and forever discharge Lender or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interestsubsidiaries, and all of the pastaffiliates, present general and future limited partners, officers, directors, contractors, employees, agents, servicers attorneys, servants, predecessors, successors, heirs, executors, administrators, and representatives (includingthe “Releasing Parties”), but shall release and forever discharge, and covenant not to xxx Xxxxxx and its respective past, present, and future parents, subsidiaries, divisions, affiliates, joint ventures, stockholders, general partners, limited topartners, Lennar Partnersofficers, Inc.)directors, management, supervisory boards, insurers, employees, agents, servants, trustees, associates, attorneys, representativesand any of their legal representatives (and the predecessors, participantssuccessors, successors heirs, executors, administrators, and assigns of Lender and Xxxxxx's predecessors in interest each of the foregoing) (collectivelythe “Released Parties”), "Lender Parties") from with respect to any and all manner of debtspast, -------------- accountingspresent, bondsor future liabilities, warrantiesclaims, representations, covenants, promises, contracts, controversies, agreements, liabilitiesdemands, obligations, expensessuits, damages, judgmentspenalties, levies, executions, judgments, debts, charges, actions, inactions, claims, demands and or causes of action of any nature whatsoeveraction, at law or in equity, whether class, individual, or otherwise in nature, and whether known or unknown, either now accrued or subsequently maturing, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this Agreement, including, without limitation, matters arising out of or relating to any conduct, events, or transactions, prior to the date of preliminary approval of this Settlement Agreement, (a) alleged, or which reasonably could have been alleged, in the LoanEnd-Payor Class Action concerning the alleged anticompetitive scheme to prevent and delay approval and market entry of AB-rated generic equivalents of Lipitor, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the assumption concerning end-payor purchases of the Loan by New Borrower, (d) the consent by Lender to the Requested Actions, (e) the secured indebtedness described Lipitor and/or its AB-rated generic equivalents in the Loan DocumentsClass States and arising under the Xxxxxxx Act, (f) the Indebtedness described in Section 1.3 hereof15 U.S.C. §§ 1 & 2, (g) et seq., or any other agreement federal or transaction between state statute or common-law doctrine relating to antitrust or consumer protection (collectively, the “Released Claims”). Upon the Effective Date, the Releasing Parties will be forever barred and enjoined from commencing, instituting, prosecuting, or continuing to prosecute any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit action or other form proceeding in any forum whatsoever, including any court of action law or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing mattersequity, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now hasarbitration tribunal, or in administrative forum, asserting the future may have conferred upon Original Borrower by virtue of Released Claims against the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claimsReleased Parties.

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrowera. In consideration of the obligations of Sulzer ax xxx xxxxx xx the Settlement Agreement, on behalf of itself I, the undersigned Class Member, individually and all of its for my heirs, beneficiaries, agents, estate, executors, administrators, personal representatives, successors and assignsassignees, remiseand/or if my claim is that of a representative of a person who was implanted with an Affected Product or of the person who has a Derivative Claim arising out of the implantation of the Affected Product, releasein that capacity, acquitwhether as heir, satisfy and forever discharge Lender beneficiary, agent, estate, executor, administrator, personal representative, successor, assignee, guardian, or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interestotherwise, hereby expressly RELEASE AND FOREVER DISCHARGE, AND AGREE NOT TO SUE Sulzer and all other Released Parties as to all Xxxxxxx Xxaims. I understand that certain principles of law provide that a release may not extend to claims which I do not know or suspect to exist. I am aware that I may discover claims presently unknown or unsuspected or facts in addition to or different from those which I now believe to be true with respect to the pastmatters released herein which may be applicable to this Settlement. Despite such principles of law, present and future officersI HEREBY KNOWINGLY AND VOLUNTARILY RELINQUISH THE PROTECTIONS OF ALL SUCH FEDERAL OR STATE LAWS, directorsRIGHTS, contractorsRULES OR LEGAL PRINCIPLES THAT MAY BE APPLICABLE AS FOLLOWS: I FULLY, employeesFINALLY, agentsAND FOREVER SETTLE AND RELEASE ANY AND ALL SETTLED CLAIMS, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, including assigned claims, demands and causes of action of any nature whatsoever, at law or in equity, whether known or unknown, either now accrued asserted or subsequently maturingunasserted, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning regardless of the world to and including legal theory, existing now or arising in the date of this Agreement, including, without limitation, matters arising future out of or relating to (a) the Loanpurchase, includinguse, but not limited tomanufacture, its administration or fundingsale, (b) the Loan Documentsdistribution, (c) the assumption of the Loan by New Borrowerpromotion, (d) the consent by Lender to the Requested Actionsmarketing, (e) the secured indebtedness described in the Loan Documentsclinical investigation, (f) the Indebtedness described in Section 1.3 hereofadministration, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Partiesregulatory approval, and (h) the Project or its development, financing and operation. Original Borrower for itself and all labeling of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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 an Affected Product THAT I MAY HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claimsAGAINST ANY RELEASED PARTY.

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrowera. In consideration of the obligations of Sulzer as set forxx xx xxx Settlement Agreement, on behalf of itself I, the undersigned Class Member, individually and all of its for my heirs, beneficiaries, agents, estate, executors, administrators, personal representatives, successors and assignsassignees, remiseand/or, releaseif my claim is that of a representative of a person who was implanted with an Affected Product or of the person who has a Derivative Claim arising out of the implantation of the Affected Product, acquitin that capacity, satisfy and forever discharge Lender whether as heir, beneficiary, agent, estate, executor, administrator, personal representative, successor, assignee, guardian, or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interestotherwise, hereby expressly RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE Sulzer and all other Released Parties as to all Settled Cxxxxx. X xnderstand that certain principles of law provide that a release may not extend to claims that I do not know or suspect to exist. I am aware that I may discover claims presently unknown or unsuspected or facts in addition to or different from those which I now believe to be true with respect to the pastmatters released herein which may be applicable to this Settlement. Despite such principles of law, present and future officersI HEREBY KNOWINGLY AND VOLUNTARILY RELINQUISH THE PROTECTIONS OF ALL SUCH FEDERAL OR STATE LAWS, directorsRIGHTS, contractorsRULES OR LEGAL PRINCIPLES THAT MAY BE APPLICABLE AS FOLLOWS: I FULLY, employeesFINALLY, agentsAND FOREVER SETTLE AND RELEASE ANY AND ALL SETTLED CLAIMS, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, including assigned claims, demands and causes of action of any nature whatsoever, at law or in equity, whether known or unknown, either now accrued asserted or subsequently maturingunasserted, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning regardless of the world to and including legal theory, existing now or arising in the date of this Agreement, including, without limitation, matters arising future out of or relating to (a) the Loanpurchase, includinguse, but not limited tomanufacture, its administration or fundingsale, (b) the Loan Documentsdistribution, (c) the assumption of the Loan by New Borrowerpromotion, (d) the consent by Lender to the Requested Actionsmarketing, (e) the secured indebtedness described in the Loan Documentsclinical investigation, (f) the Indebtedness described in Section 1.3 hereofadministration, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Partiesregulatory approval, and (h) the Project or its development, financing and operationlabeling of an Affected Product THAT I MAY HAVE AGAINST ANY RELEASED PARTY. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.BLUE FORM - 6

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrower, Original Obligors and Substitute Obligors, on behalf behaxx of itself themselves and all of its their heirs, successors and assigns, remise, release, acquit, satisfy hereby release and forever discharge Lender or any Lender, Original Lender, each of Lender's their predecessors in interest and their successors and assigns, together with any subsidiary or affiliate of Lender or any of Lender's predecessors in interest, and all of the past, present and future officers, directors, contractorspartners, employees, agentsinvestors, servicers certificate holders and agents (including, but not limited towithout limitation, Lennar Partners, Inc.servicers of the loan) of each of the foregoing (collectively the "LENDER PARTIES"), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expensesclaims, damages, judgments, executions, actions, inactions, claims, liabilities demands and or causes of action of any nature whatsoevernature, at law or in equity, known or unknown, either which Borrower, Original Obligors and/or Substitute Obligors now accrued or subsequently maturing, which Original Borrower now has or hereafter can, shall or may have by reason of any cause, matter, cause or thing, from the beginning of the world to thing through and including the date of this Agreementhereof, including, without limitation, matters arising out of or relating to to: (a) the Loan, including, but not limited towithout limitation, its administration or funding, administration and servicing; (b) the Loan Documents, ; (c) the assumption of the Loan by New Borrower, Property; (d) the consent any reserve and/or escrow balances held by Lender to or any servicers of the Requested Actions, Loan; (e) the secured indebtedness described in the Loan Documents, Transfer and/or Substitution; and (f) the Indebtedness described in Section 1.3 hereof, (g) any other disclosed agreement or transaction between any Borrower, Original Obligors and/or Substitute Obligors and the Lender Parties relating to the Property or the Loan. Borrower, Original Obligors and Substitute Obligors, on behalf of Borrower Parties themselves and any of Lender Partiestheir heirs, and (h) the Project or its development, financing and operation. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of the Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrowera. In consideration of the obligations of Sulzer ax xxx xxxxx xx the Settlement Agreement, on behalf of itself I, the undersigned Class Member, individually and all of its for my heirs, beneficiaries, agents, estate, executors, administrators, personal representatives, successors and assignsassignees, remiseand/or, releaseif my claim is that of a representative of a person who was implanted with an Affected Product or of the person who has a Derivative Claim arising out of the implantation of the Affected Product, acquitin that capacity, satisfy and forever discharge Lender whether as heir, beneficiary, agent, estate, executor, administrator, personal representative, successor, assignee, guardian, or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interestotherwise, hereby expressly RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE, Sulzer and all other Released Parties as to all Xxttled Claims. I understand that certain principles of law provide that a release may not extend to claims that I do not know or suspect to exist. I am aware that I may discover claims presently unknown or unsuspected or facts in addition to or different from those which I now believe to be true with respect to the pastmatters released herein which may be applicable to this Settlement. Despite such principles of law, present and future officersI HEREBY KNOWINGLY AND VOLUNTARILY RELINQUISH THE PROTECTIONS OF ALL SUCH FEDERAL OR STATE LAWS, directorsRIGHTS, contractorsRULES OR LEGAL PRINCIPLES THAT MAY BE APPLICABLE AS FOLLOWS: I FULLY, employeesFINALLY, agentsAND FOREVER SETTLE AND RELEASE ANY AND ALL SETTLED CLAIMS, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, including assigned claims, demands and causes of action of any nature whatsoever, at law or in equity, whether known or unknown, either now accrued asserted or subsequently maturingunasserted, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning regardless of the world to and including legal theory, existing now or arising in the date of this Agreement, including, without limitation, matters arising future out of or relating to (a) the Loanpurchase, includinguse, but not limited tomanufacture, its administration or fundingsale, (b) the Loan Documentsdistribution, (c) the assumption of the Loan by New Borrowerpromotion, (d) the consent by Lender to the Requested Actionsmarketing, (e) the secured indebtedness described in the Loan Documentsclinical investigation, (f) the Indebtedness described in Section 1.3 hereofadministration, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Partiesregulatory approval, and (h) the Project or its development, financing and operation. Original Borrower for itself and all labeling of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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 an Affected Product THAT I MAY HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claimsAGAINST ANY RELEASED PARTY.

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrowera. In consideration of the obligations of Sulzer ax xxx xxxxx xx the Settlement Agreement, on behalf of itself I, the undersigned Class Member, individually and all of its for my heirs, beneficiaries, agents, estate, executors, administrators, personal representatives, successors and assignsassignees, remiseand/or, releaseif my claim is that of a representative of a person who was implanted with an Affected Product or of the person who has a Derivative Claim arising out of the implantation of the Affected Product, acquitin that capacity, satisfy and forever discharge Lender whether as heir, beneficiary, agent, estate, executor, administrator, personal representative, successor, assignee, guardian, or any of Lender's predecessors in interest and any subsidiary or affiliate of Lender or any of Lender's predecessors in interestotherwise, hereby expressly RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE Sulzer and all other Released Parties as to all Xxxxxxx Xxaims. I understand that certain principles of law provide that a release may not extend to claims that I do not know or suspect to exist. I am aware that I may discover claims presently unknown or unsuspected or facts in addition to or different from those which I now believe to be true with respect to the pastmatters released herein which may be applicable to this Settlement. Despite such principles of law, present and future officersI HEREBY KNOWINGLY AND VOLUNTARILY RELINQUISH THE PROTECTIONS OF ALL SUCH FEDERAL OR STATE LAWS, directorsRIGHTS, contractorsRULES OR LEGAL PRINCIPLES THAT MAY BE APPLICABLE AS FOLLOWS: I FULLY, employeesFINALLY, agentsAND FOREVER SETTLE AND RELEASE ANY AND ALL SETTLED CLAIMS, servicers (including, but not limited to, Lennar Partners, Inc.), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, inactions, including assigned claims, demands and causes of action of any nature whatsoever, at law or in equity, whether known or unknown, either now accrued asserted or subsequently maturingunasserted, which Original Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning regardless of the world to and including legal theory, existing now or arising in the date of this Agreement, including, without limitation, matters arising future out of or relating to (a) the Loanpurchase, includinguse, but not limited tomanufacture, its administration or fundingsale, (b) the Loan Documentsdistribution, (c) the assumption of the Loan by New Borrowerpromotion, (d) the consent by Lender to the Requested Actionsmarketing, (e) the secured indebtedness described in the Loan Documentsclinical investigation, (f) the Indebtedness described in Section 1.3 hereofadministration, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Partiesregulatory approval, and (h) the Project or its development, financing and operationlabeling of an Affected Product THAT I MAY HAVE AGAINST ANY RELEASED PARTY. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.YELLOW FORM - 3

Release and Covenant Not to Sue. ORIGINAL BORROWER. Original --------------------------------------------------- Borrower, Original Obligors and Substitute Obligors, on behalf of itself behalx xf themselves and all of its their heirs, successors and assigns, remise, release, acquit, satisfy hereby release and forever discharge Lender or any Lender, Original Lender, each of Lender's their predecessors in interest and their successors and assigns, together with any subsidiary or affiliate of Lender or any of Lender's predecessors in interest, and all of the past, present and future officers, directors, contractorspartners, employees, agentsinvestors, servicers certificate holders and agents (including, but not limited towithout limitation, Lennar Partners, Inc.servicers of the loan) of each of the foregoing (collectively the "LENDER PARTIES"), attorneys, representatives, participants, successors and assigns of Lender and Xxxxxx's predecessors in interest (collectively, "Lender Parties") from any and all manner of debts, -------------- accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expensesclaims, damages, judgments, executions, actions, inactions, claims, liabilities demands and or causes of action of any nature whatsoevernature, at law or in equity, known or unknown, either which Borrower, Original Obligors and/or Substitute Obligors now accrued or subsequently maturing, which Original Borrower now has or hereafter can, shall or may have by reason of any cause, matter, cause or thing, from the beginning of the world to thing through and including the date of this Agreementhereof, including, without limitation, matters arising out of or relating to to: (a) the Loan, including, but not limited towithout limitation, its administration or funding, administration and servicing; (b) the Loan Documents, ; (c) the assumption of the Loan by New Borrower, Property; (d) the consent any reserve and/or escrow balances held by Lender to or any servicers of the Requested Actions, Loan; (e) the secured indebtedness described in the Loan Documents, Transfer and/or Substitution; and (f) the Indebtedness described in Section 1.3 hereof, (g) any other disclosed agreement or transaction between any Borrower, Original Obligors and/or Substitute Obligors and the Lender Parties relating to the Property or the Loan. Borrower, Original Obligors and Substitute Obligors, on behalf of Borrower Parties themselves and any of Lender Partiestheir heirs, and (h) the Project or its development, financing and operation. Original Borrower for itself and all of its successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against any of the Lender Parties by reason of or in connection with any of the foregoing matters, claims or causes of action arising through and including the date of this Agreement. As further consideration for the agreements herein contained, Original Borrower hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Original Borrower hereby waives any and all rights and benefits with respect to any matters arising out of or relating to matters arising out of or relating to (a) the Loan, including, but not limited to, its administration or funding, (b) the Loan Documents, (c) the secured indebtedness described in the Loan Documents, (d) the assumption of the Loan by New Borrower, (e) the consent by Xxxxxx to the Requested Actions, (f) the Indebtedness described in Section 1.3 hereof, (g) any other agreement or transaction between any of Borrower Parties and any of Lender Parties, and (h) the Project or its development, financing and operation which Original Borrower now has, or in the future may have conferred upon Original Borrower by virtue of the provisions of Section 1542 of the Civil Code of the State of California which provides 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. In this connection, Original Borrower hereby agrees, represents, and warrants that it realizes and acknowledges that factual matters now unknown to Original Borrower may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Original Borrower further agrees, represents and warrants that the release herein contained has been negotiated and agreed upon in light of that realization and that Original Xxxxxxxx nevertheless hereby intends to release, discharge and acquit all parties so released from any such unknown claims.