Release by Assignor. Assignor does hereby unconditionally and irrevocably forever release and discharge AirTouch, its subsidiaries and affiliates, the officers, directors, employees or agents of any of them, and the successors, assigns, legal representatives, executors and administrators of any of them (collectively, the "AirTouch Released Parties") from all obligations and liabilities of the AirTouch Released Parties to Assignor, all agreements and understandings of the AirTouch Released Parties involving Assignor, and all claims and causes of action (whether at law or in equity) of Assignor against the AirTouch Released Parties, that are a result of, involve or otherwise exist by reason of any act or omission occurring or fact or circumstance existing prior to the date hereof; provided, however, that this release does not apply to obligations and liabilities that are a result of, involve or otherwise exist by reason of (i) fraud, (ii) theft, (iii) cloning of CRS or CRS telephone numbers or equipment by AirTouch or its officers, directors, employees or agents or (iv) AirTouch's liabilities and obligations under this Agreement.
Release by Assignor. The Assignor Releasing Parties hereby unconditionally and irrevocably release and forever discharge, from and after the Closing Date, the FII Released Parties from any and all of the Assignor Releasing Parties' rights, claims, demands, judgments, obligations, liabilities and damages, whether accrued or unaccrued, asserted or unasserted, and whether known or unknown, which ever existed, now exist or hereafter exist, including without limitation claims for damages or injunctive relief, relating in any way to or arising out of or in connection with any of the FII Released Parties' use of the name "Snorkel" or "Snorkelift" or any variations or derivations thereof in any of the countries set forth on Schedule B hereto or any other country in which Assignor owns or has rights to use the trademark "Simon-Snorkel" (each individually, a "Schedule B Claim Against FII Released Parties"). Assignor expressly intends that this release shall be effective regardless of whether the basis for any Schedule B Claim Against FII Released Parties hereby released shall have been known to or anticipated by the Assignor Releasing Parties. Assignor agrees that it will not, and it will cause each other Assignor Releasing Party controlled by it not to, prosecute or otherwise initiate any legal action with respect to any Schedule B Claim Against FII Released Parties against any of the FII Released Parties or be a party to or a participant in, or voluntarily cooperate in, any Schedule B Claim Against FII Released Parties by any third party against any of the FII Released Parties.
Release by Assignor. To induce Lender to consent to this Assignment and the transactions contemplated hereby, Assignor hereby (a) represents and warrants that as of the date of this Assignment there are no claims or offsets against or defenses or counterclaims to its obligations under the Credit Documents, and waives any and all such claims, offsets, defenses, or counterclaims, whether known or unknown, arising prior to Effective Date, (b) as of the Effective Date, releases and forever discharges the Released Persons (as defined below) from any and all Released Claims (as defined below), and (c) as of the Effective Date, covenants not to assert (and not to assist or enable any other Person to assert) any Released Claim against any Released Person. Assignor acknowledges and agree that such release is a general release of any and all Released Claims and that it constitutes a full and complete satisfaction for all or any alleged injuries or damages arising out of or in connection with the Released Claims, all of which are herein compromised and settled.
Release by Assignor. To induce Assignee to purchase the Assigned Rights, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby fully releases and discharges Borrower and Assignee, their respective successors and assigns, and their respective officers, directors, employees, representatives, agents and affiliates, from all Claims of any kind whatsoever, whether known or unknown and whether now existing or hereafter asserted, to the extent that any such Claims arise from or are related to events or circumstances occurring or existing on or before the date hereof and are in any way related to the Notes, the Credit Agreement, any other Loan Documents, or any of the transactions provided for thereby, subject to the provisions of Section 1.13 below, and except for: (a) any claims, causes of action and other rights of Assignor against Borrower reserved by Assignor pursuant to Section 1.9, above, and (b) any obligations of Assignee to Assignor expressly created pursuant to this Instrument.
Release by Assignor. Effective as of the Effective Date, Assignor (in its capacity as the tenant under the Lease) hereby unconditionally and irrevocably waives, releases and discharges Assignee and its partners, members, principals, officers, directors, agents, employees, affiliates, successors and assigns (collectively, the "Assignee Parties") from and against all actions, causes of action, suits, debts, dues, assessments, late fees, sums of money, expenses, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, obligations, duties, claims, matters, liabilities, violations of law, fines, penalties, responsibilities, attorneys' fees and disbursements, charges and demands whatsoever, in law, admiralty or equity (collectively, "Claims") which Assignor or its partners, members, principals, officers, directors, agents, employees, affiliates, successors and assigns (collectively, the "Assignor Parties") or any of them ever had, now has, or hereafter can, shall or may in the future have, against the Assignee Parties or any of them arising out of or in any way relating to the Lease, whether arising prior to, on or after the Effective Date.
Release by Assignor. Assignor, on behalf of itself and its affiliates, and all others claiming an interest on behalf of Assignor, does hereby agrees to absolutely and unconditionally release and forever discharge Assignee, Guarantor and their respective affiliates, predecessors, successors and assigns, and their respective past and present officers, partners, trustees, employees, agents and representatives, or their respective marital communities, of and from any and all claims, causes of action, damages, costs, losses and expenses of any kind, nature or description, whether arising at law or in equity, including claims under federal or state securities laws, or other federal or state statutes, or common law or otherwise, arising exclusively out of the LLC Agreement, the Management Agreement, the Guaranties executed by Guarantor in connection therewith, or any of the other documents related to the Company or the transactions contemplated thereunder. Assignor is not releasing any claims related to a breach of Assignee’s representations, warranties, agreements or covenants under the Purchase Agreement except as set forth therein.
