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

Release and Covenant Not to Sxx. Each of Borrower Parties, as to itself and all of its heirs, successors and assigns only, remises, releases, acquits, satisfies and forever discharges 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, whether at law or in equity, whether known or unknown, either now accrued or subsequently maturing, which any of Borrower Parties 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 completion of the Requested Actions ("Acquisition Date") for matters arising out of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan Documents, (c) the Indebtedness, (d) the Project, and (e) any other agreement or transaction between Borrower Parties or any one of them and any of Lender Parties concerning matters arising out of or relating to the items set forth in subsections (a) – (d) above. Each of Borrower Parties, as to itself and all of its respective heirs, successors and assigns only, covenants and agrees 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.

Release and Covenant Not to Sxx. Each Borrower, on behalf of itself and each of the other Borrower Parties, as to itself Current Indemnitor, and all each of its heirs, their respective successors and assigns onlyassigns, remisesremise, releasesrelease, acquitsacquit, satisfies satisfy and forever discharges discharge 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, whether at law or in equity, whether known or unknown, either now accrued or subsequently maturing, which any of Borrower Parties may now has have 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 completion of the Requested Actions ("Acquisition Date") for matters this Agreement, arising out of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan DocumentsSecurity Instrument, (c) the IndebtednessLoan Agreement, (c) the Note, (d) any of the Projectother Loan Documents, and (e) the Indebtedness, or (f) any other agreement documents or transaction between Borrower Parties instruments now or previously evidencing, securing or in any one of them and any of Lender Parties concerning matters arising out of or way relating to the items set forth in subsections (a) – (d) aboveLoan. Each Borrower, on behalf of itself and each of the other Borrower Parties, as to itself and all each of its their respective heirs, successors and assigns onlyassigns, covenants covenant and agrees 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, but excluding any claims or causes of action resulting from or in connection with this Agreement or the other Consent Documents.

Release and Covenant Not to Sxx. Each In consideration of Lender's agreement to the terms of this Agreement, Borrower and Guarantor, by execution of the Joinder and Agreement of Guarantor attached hereto (the "Joinder"), on behalf of themselves and each of their respective successors and assigns, remise, release, acquit, satisfy and forever discharge Lender Parties, as to itself and all of its heirs, successors and assigns only, remises, releases, acquits, satisfies and forever discharges 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, whether at law or in equity, whether known or unknown, either now accrued or subsequently maturing, which any of Borrower Parties them now has has, from the beginning of the world to and including the Execution Date, 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 completion of the Requested Actions ("Acquisition Date") for matters things arising out of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan Documents, (c) the Indebtedness, and (d) the Project, and (e) any other agreement or transaction between Borrower Parties or any one of them and/or Guarantor and any of Lender Parties concerning matters arising out of or relating to the items set forth in subsections (a) – (d) aboveLoan. Each Borrower and Guarantor, by execution of Borrower Partiesthe Joinder, as to itself on behalf of themselves and all each of its their respective heirs, successors and assigns onlyassigns, covenants covenant and agrees 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. For the avoidance of doubt, the release and covenant not to sxx set forth in this Section 4.3 shall not release, waive or impair any rights, liabilities, actions, claims, demands or causes of action, if any, of the Borrower or Guarantor against any Lender Party not related to or not arising from (a) the Loan, (b) the Loan Documents or (c) the Indebtedness.

Release and Covenant Not to Sxx. Each In consideration of Lender’s agreement to the terms of this Agreement, Borrower Partiesand Guarantor, as to itself by execution of the Joinder, on behalf of themselves and all their partners, members, officers, directors, shareholders, and trustees and each of its their respective heirs, successors and assigns onlyassigns, remiseswaive, releasesremise, acquitsrelease, satisfies acquit, satisfy and forever discharges discharge all of 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 counterclaims, demands, defenses, setoffs, and causes of action of any kind or nature whatsoever, whether at law or in equity, whether known or unknown, either now accrued or subsequently maturing, which any of Borrower Parties them 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 completion later of the Requested Actions ("Acquisition Execution Date and the Effective Date") for , including, without limitation, matters arising out of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan Documents, (c) the IndebtednessDebt, (d) the ProjectProperties, and (e) any other agreement or transaction between Borrower Parties or any one of them and/or Guarantor and any of Lender Parties concerning matters arising out of or relating to the items set forth in subsections (a) – - (d) above. Each Borrower and Guarantor, by execution of Borrower Partiesthe Joinder, as to itself on behalf of themselves and all their partners, members, officers, directors, shareholders, and trustees and each of its their respective heirs, successors and assigns onlyassigns, covenants covenant and agrees 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.. As further consideration of Lender’s agreement to the terms of this Agreement, Borrower and Guarantor, by execution of the Joinder, on behalf of themselves and their partners, members, officers, directors, shareholders, and trustees and each of their respective heirs, successors and assigns, agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known or disclosed, and Borrower and Guarantor, by execution of the Joinder, on behalf of themselves and partners, members, officers, directors, shareholders, and trustees and each of their respective heirs, successors and assigns, waive any and all rights and benefits with respect to any matters arising out of or relating to any matter, cause or thing, from the beginning of the world to and including the later of the Execution Date and the Effective Date, including, without limitation, matters arising out of or relating to (a) the Loan, (b) the Loan Documents, (c) the Debt, (d) the Properties, and (e) any other agreement or transaction between Borrower and/or Guarantor and any of Lender Parties concerning matters arising out of or relating to the items set forth in subsections (a) - (d) above, which Borrower or Guarantor now have, or in the future may have, conferred upon any of Borrower or Guarantor by virtue of the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:

Release and Covenant Not to Sxx. Each (a) Buyer and the Company, on their own behalf and that of Borrower each other Buyer Indemnified Party (collectively, the “Releasing Parties”), hereby release, acquit and discharge, effective as of and conditioned upon Closing, but otherwise unconditionally and without reservation, each individual who on or prior to itself the Closing Date were officers or directors of the Company or any Subsidiary of the Company, and all of its the heirs, successors trustees, fiduciaries and assigns onlyadministrators of such officers or directors (collectively, remises, releases, acquits, satisfies and forever discharges Lender Parties the “Released Parties”) from any and all manner of claims, counterclaims, cross-claims, actions, causes of action, rights, disputes, controversies, judgments, debts, accountingsagreements, bonds, warranties, representationscontracts, covenants, promises, contractsrepresentations, controversiesmisrepresentations, agreementsallegations, liabilitiesdemands, obligations, duties, suits, rights of contribution and indemnity, liens, expenses, assessments, penalties, charges, injuries, losses, costs (including, without limitation, attorneys fees and costs incurred), damages (including, without limitation, compensatory, consequential, bad faith or punitive damages), judgmentssanctions, executionsand liabilities, actionsdirect or indirect, inactions, claims, demands and causes of action of any and every kind, character, nature and manner whatsoever, whether at in law or in equity, civil or criminal, administrative or judicial, contract, tort (including, without limitation, bad faith, fraud and negligence of any kind) or otherwise, whether now known or unknown, either now claimed or unclaimed, asserted or unasserted, suspected or unsuspected, claimed or concealed, discovered or undiscovered, accrued or subsequently maturingunaccrued, anticipated or unanticipated, fixed or contingent, liquidated or unliquidated, state or federal, under common law, statute or regulation, which any of Borrower the Releasing Parties ever had, now has or hereafter canhas, shall or ever may have or claim to have in the future against any Released Party, for, upon, or by reason of any act, matter, cause or thing, thing whatsoever from the beginning of the world time to and including the date of completion the Closing, resulting from, based upon, related to or connected with, in any way, directly or indirectly, the service of the Requested Actions ("Acquisition Date") for matters arising out Released Parties as directors or officers of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan Documents, (c) the Indebtedness, (d) the Project, and (e) any other agreement or transaction between Borrower Parties Company or any one of them and any of Lender Parties concerning matters arising out of or relating to Subsidiary (collectively, the items set forth in subsections (a) – (d) above. Each of Borrower Parties, as to itself and all of its respective heirs, successors and assigns only, covenants and agrees 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“Released Claims”).

Release and Covenant Not to Sxx. Each of Borrower Parties, as to itself and all of its heirs, successors and assigns only, remises, releases, acquits, satisfies and forever discharges 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, whether at law or in equity, whether known or unknown, either now accrued or subsequently maturing, which any of Borrower Parties 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 completion of the Requested Actions ("“Acquisition Date"”) for , including, without limitation, matters arising out of or relating to (a) the Loan, including the administration or funding thereof, (b) the Loan Documents, (c) the Indebtedness, (d) the Project, and (e) any other agreement or transaction between Borrower Parties or any one of them and any of Lender Parties concerning matters arising out of or relating to the items set forth in subsections (a) – - (d) above. Each of Borrower Parties, as to itself and all of its respective heirs, successors and assigns only, covenants and agrees 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.. This release and covenant not to sxx shall not apply with respect to Lender's obligations under this Agreement