Common use of Release by Sellers Clause in Contracts

Release by Sellers. Each Seller’s share of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement to Danube’s and Amazon’s willingness to enter into this Agreement, each Seller, for itself and on behalf of its heirs, legal representatives, successors and assigns (collectively, the “Seller Relevant Persons”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) of and from any and all past, present and future debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims or cross claims, at law or in equity, asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed at any time from the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”); provided, however, that nothing in this Section 7.21 shall constitute a release or waiver of (i) with respect to each Seller Relevant Person who is an employee of Danube or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to be complete, global and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the matters described herein. With respect to such Seller Claims, each Seller hereby expressly waives any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Release by Sellers. Each Seller’s share of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). In exchange for such consideration and a) Except as a condition and inducement to Danube’s and Amazon’s willingness to enter into this Agreementhereinafter provided, each Seller, for itself on such Seller’s own behalf and on behalf of its heirsrespective parents, legal representativessubsidiaries, affiliates, officers, directors, agents, employees and its or their respective successors and assigns (collectively with such Seller, the “Releasors”), effective on the Closing Date, irrevocably and unconditionally releases, waives and forever discharges the Buyer and the Parent and each of the Company, the Operating Subsidiary, the other Group Companies, and their respective officers, directors, partners, predecessors, affiliates, agents and employees and their respective successors or assigns (collectively, the “Seller Relevant PersonsReleasees”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) of and from any and all pastactions, present and future causes of action, suits, debts, accountscovenants, reckoningscontracts, billsclaims, sums of moneydemands, bondsdamages, losses, costs, expenses, Proceedingspenalties, contributionsrights, attorneys’ feesremedies and liabilities or proceedings of any nature of whatsoever kind or nature, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims or cross claims, at in law or in equity, asserted past or unasserted, express or impliedpresent, known or unknown, matured that they have ever had from the beginning of time, now have, or unmaturedhereafter can, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has will or may hereafter have or claim in the future may assert, whether known or assert to have unknown, fixed or contingent (collectively, “Claims”) against any of Releasee, but only to the Amazon Released Parties by reason of extent arising from any act, omission, transactionevent or transaction occurring on or prior to the Closing, occurrenceincluding the ownership of the Shares by such Seller (collectively, conductthe “Released Claims”). For the avoidance of doubt, circumstancethis Section 6.15 does not release the Releasees with respect to claims arising out of, conditionbased on or resulting from (i) this Agreement or (ii) if a Seller is an employee of the Company, harm, matter, cause any Claims for salary or thing that wages due to such Seller solely in such employee capacity or (iii) if a Seller is now or has occurred or existed been at any time from prior to the beginning of time up to and including the Closing, that in any way arise from Closing Date an officer or out of, are based upon or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation director of any of the TransactionsGroup Companies, including or who, while a director or officer of any of the AcquisitionGroup Companies, except for such Seller Relevant Personis or was serving at a Group Company’s request as a director, officer, partner, trustee, employee, or Seller Relevant Persons’agent of another domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other entity, as applicableto claims of indemnification, rights advancement of expenses or exculpations to the extent such indemnification, advancement or exculpation is required under this Agreement arrangements identified in Section 6.6(a). (b) Each Seller represents and each agreement attached as an exhibit thereto warrants that there has been no sale, assignment, transfer, encumbrance, pledge or entered into any other disposal of any interest in connection therewith or any Released Claim. (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”); provided, however, that nothing in this Section 7.21 shall constitute a release or waiver of (i) with respect to each Seller Relevant Person who is an employee of Danube or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to be complete, global and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the matters described herein. With respect to such Seller Claims, each Each Seller hereby expressly waives any and all rights conferred upon it by such Seller or any statute Releasor may have under the statutes of any jurisdiction or rule common law principles of law similar effect, to preserve Claims that provides that a release does not extend to claims that the claimant such Releasor does not know or suspect to exist in its such Releasor’s favor at the time of executing this Agreement or at the releaseClosing. Each Seller understands and acknowledges that it and any Releasor may discover facts different from, which if known by or in addition to, those that it must have materially affected its settlement currently knows or believes to be true with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 respect to the extent applicable claims released herein and agrees that the terms of this Section 6.15 will be and remain effective in all respects, notwithstanding any subsequent discovery of different or additional facts. (d) Each Seller irrevocably agrees to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THATrefrain from directly or indirectly asserting any claim or demand or commencing (or causing to be commenced) any suit, IF KNOWN BY HIM OR HERaction or proceeding of any kind against any Releasee, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYbased upon or in connection with any matter purported to be released pursuant to this Section 6.15.”

Release by Sellers. (a) Each Seller’s share Seller hereby unconditionally and irrevocably releases and forever discharges the Company and each of its Representatives (collectively, the Consideration represents the only consideration to be received by “Company Releasees”) from any and all claims, counterclaims, setoffs, demands, Actions, orders, obligations, contracts, agreements, debts, damages, expenses, losses and liabilities whatsoever, whether known or unknown, suspected or unsuspected, both at law and in equity (collectively, “Seller Claims”), which such Seller in exchange for now has, has ever had, or may hereafter have against the Danube Shares owned by such Seller (other than Company Releasees arising contemporaneously with respect or prior to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement Closing or on account of or arising out of any matter, cause, or event occurring contemporaneously with or prior to Danube’s and Amazon’s willingness the Closing, whether or not relating to enter into this AgreementSeller Claims pending on, each Selleror asserted after, for itself and on behalf of its heirs, legal representatives, successors and assigns the Closing (collectively, the “Seller Relevant Persons”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) of and from any and all past, present and future debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims or cross claims, at law or in equity, asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed at any time from the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”); provided, however, that nothing contained in this Section 7.21 shall constitute a Release will operate to release or waiver any obligation of the Company set forth in (i) with respect to each Seller Relevant Person who is an employee of Danube the Purchase Agreement or any of its Subsidiaries as of agreement or instrument being executed and delivered pursuant to the date hereof, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits Purchase Agreement or (ii) the Employment Agreement dated July 15, 2008, as amended, between Xxxxxx and the Company (the “Employment Agreement”) or the Separation Agreement dated August 19, 2010 between Xxxxxx and the Company (the “Separation Agreement”). (b) Each Seller represents and warrants to each Company Releasee that such Seller has not transferred, assigned, or otherwise disposed of any claims part of or losses relating to fraud by the Amazon interest in any Seller Released Parties. This release is intended Claim. (c) Each Seller hereby irrevocably covenants not to, directly or indirectly, assert any claim or demand, or commence, institute, or voluntarily aid in any way, or cause to be completecommenced or instituted, global any Action of any kind against any Company Releasee based upon any Seller Released Claim. (d) Without in any way limiting any rights and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect remedies otherwise available to the matters described herein. With respect to such Seller Claimsany Company Releasee, each Seller, jointly and severally with the other Seller, shall indemnify and hold harmless each Company Releasee from and against and shall pay to each Company Releasee the amount of, or reimburse each Company Releasee for, all loss, liability, claim, damage (including incidental and consequential damages), or expense (including reasonable costs of investigation and defense and reasonable attorneys’ and reasonable accountants’ fees), whether or not involving third-party claims, arising directly or indirectly from or in connection with (a) the assertion by or on behalf of any Seller hereby expressly waives of any Seller Released Claim, and all rights conferred upon it (b) the assertion by any statute third party of any claim or rule demand against any Company Releasee which claim or demand arises directly or indirectly from, or in connection with, any assertion by or on behalf of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in its favor at the time any Seller against such third party of executing the release, which if known by it must have materially affected its settlement with the Amazon any Seller Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYClaim.”

Release by Sellers. Each Seller’s share Effective as of the Consideration represents Closing, in consideration of the only mutual covenants and agreements contained herein, including the consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller Sellers, the Sellers hereby irrevocably release and forever discharge the Company and Buyer, and their respective Affiliates, officers, managers, directors, members, partners (other than with respect general or limited), agents, and employees, and the successors, heirs, assigns, executors and administrators to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement to Danube’s and Amazon’s willingness to enter into this Agreement, each Seller, for itself and on behalf of its heirs, legal representatives, successors and assigns foregoing (collectively, the “Seller Relevant PersonsReleased Parties”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) of and from any and all pastmanner or causes of action and actions, present and future claims, suits, rights, debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contractscontracts, promisesdamages and judgments whatsoever, Liabilities, potential claims, counterclaims or cross claims, at in law or in equity, asserted which the Sellers ever had, now have or unassertedwhich the Sellers can, express shall or impliedmay have, against the Released Parties, whether known or unknown, suspected or unsuspected, matured or unmatured, contingent fixed or vestedcontingent, liquidated for, upon or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any actmatter relating to any Company or its Affiliates, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed and arising at any time from on or prior to the beginning of time up to and including Closing Date, whether in the Closing, that in any way arise from or out of, are based upon or relate to (a) such Seller Relevant PersonSellers’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached capacity as an exhibit thereto equityholder, director, manager, officer, employee, holder of Indebtedness or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectivelyotherwise, after taking into account applicable exceptions, and the “Seller Claims”)Released Parties shall not have liability with respect thereto; provided, however, that nothing such release shall not will not apply to (a) obligations owing to the Sellers arising pursuant to any of the Transaction Documents, (b) any causes of action and actions, claims, suits, rights, debts, sums of money, covenants, contracts, damages and/or judgments which may not be released under applicable Law, (c) any causes of action and actions, claims, suits, rights, debts, sums of money, covenants, contracts, damages and judgments to the extent based on events occurring after the Closing Date, (d) any rights to receive benefits or vested amounts under or to participate in this Section 7.21 shall constitute a release any Company’s employee benefit plans and/or pension plans or waiver of programs, or (ie) any claims to indemnification (whether provided by contract, by Law, or pursuant to any Company’s Organizational Documents) or insurance coverage, including but not limited to so-called “D&O coverage”, that any Seller may have with respect to each any claims made or threatened against such Seller Relevant Person who is an in his capacity as a director, manager, officer or employee of Danube or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to be complete, global and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the matters described herein. With respect to such Seller Claims, each Seller hereby expressly waives any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYCompany.”

Release by Sellers. Each Seller’s share Upon receipt by each Indemnifying Seller of the Consideration represents the only consideration to be received by such Indemnifying Seller in exchange pursuant to Section 2.2, each such Indemnifying Seller hereby agrees that (without any further action on the part of such Indemnifying Seller) the Company (for the Danube Shares owned by such Seller (other than with respect to benefit of the Trust Buyback Agreement). In exchange for such consideration Surviving Corporation, the Parent and as a condition their respective Subsidiaries, Affiliates, divisions and inducement to Danube’s predecessors and Amazon’s willingness to enter into this Agreement, each Seller, for itself and on behalf of its heirs, legal representatives, their respective successors and assigns (collectively, the “Seller Relevant "Released Persons”"), effective as of the Closing, hereby irrevocably, unconditionally ) shall be irrevocably released and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) discharged of and from any and all pastmanner of actions, present and future causes of action, suits, debts, accounts, reckonings, bills, sums of money, bondscontroversies, lossesomissions, costs, expenses, Proceedings, contributions, attorneys’ feespromises, damages, punitive damagesliabilities, controversiesjudgments, covenantsclaims and demands whatsoever, Contracts, promises, Liabilities, potential claims, counterclaims or cross claims, at in law or in equityequity which against the Released Persons such Indemnifying Seller ever had, asserted now has or unassertedwhich such Indemnifying Seller hereafter can, express shall or impliedmay have in such Indemnifying Seller's capacity as a shareholder or former shareholder of the Company(the "Released Claims"), whether known or unknown, matured for, upon or unmatured, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, matter or cause or thing that has occurred or existed arising at any time from on or prior to the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”)Closing Date; provided, however, that nothing in this Section 7.21 the Released Claims shall constitute a exclude, and the foregoing release or waiver of (i) shall be inapplicable with respect to each Seller Relevant Person who is an employee of Danube or any of its Subsidiaries as of the date hereofto, any rights of such matter arising under this Agreement, the Related Documents or the transactions contemplated hereby or thereby. Each Indemnifying Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to be complete, global specifically represents and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect warrants to the matters described herein. With respect to Released Persons that such Indemnifying Seller Claims, each Seller hereby expressly waives has not assigned any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon such Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYClaim.”

Release by Sellers. (a) Each Seller’s share of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement to Danube’s and Amazon’s willingness to enter into this Agreement, each Seller, for itself such Seller and on behalf all of its heirssuch Seller's agents and assigns, legal representativeshereby releases effective at the Closing, without the need for any further action, any and all claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs incurred) of whatsoever kind or nature, whether at law or in equity, matured or unmatured, known or unknown, contingent or liquidated or otherwise, that any of them can, shall or may have against the Company and the Subsidiaries and their respective successors and assigns (collectively, the “Seller Relevant Persons”"Releasees"), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Released Parties”) of and arising from or relating to any and all past, present and future debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims or cross claims, at law or in equity, asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred event occurring contemporaneously with or existed at prior to the Closing other than any time from the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to claims (ai) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of arising under this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for Transaction Document to which such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement is a party and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”); provided, however, that nothing in this Section 7.21 shall constitute a release or waiver of (iii) with respect to each any Seller Relevant Person who that is or was an employee of Danube the Company or any of its Subsidiaries Subsidiary, such Seller's employment with the Company or any Subsidiary, including any compensation (including pursuant to any bonus plans, as of the date hereof, may be due such Seller) and any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation payments or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to as may be complete, global and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the matters described herein. With respect due to such Seller under any employee benefit plan of the Company or any Subsidiary (the "Released Claims, each "). (b) Each Seller hereby expressly waives irrevocably covenants to refrain from, directly or indirectly, asserting any and all rights conferred upon it claim or demand or commencing, instituting or causing to be commenced, any proceeding of any kind against any Releasee, based on or arising from any of the Released Claims. (c) If any provision of this Section 9.16 is held invalid or unenforceable by any statute court of competent jurisdiction, the other provisions in this Section 9.16 will remain in full force and effect. Any provision of this Section 9.16 held invalid or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist unenforceable only in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 part will remain in full force and effect to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYnot held invalid or unenforceable.”

Release by Sellers. Each Effective as of the Closing Date and subject to the Seller’s share receipt of the Closing Date Consideration represents Shares and the only consideration to be received by such Seller in exchange for Closing Date Consideration Shares, the Danube Shares owned by such Seller (other than with respect to Sellers hereby release and forever discharge the Trust Buyback Agreement). In exchange for such consideration Company and as a condition the Subsidiaries and inducement to Danubethe Company’s and Amazon’s willingness to enter into this Agreementthe Subsidiaries’ respective individual, each Sellerjoint or mutual, for itself past, present and on behalf of its heirsfuture representatives, legal representativesaffiliates, principals, officers, employees, insurers, subrogors, subrogees, licensees, predecessors, members, directors, managers, stockholders, limited partners, general partners, controlling persons, subsidiaries, successors and assigns (collectively, the individually a “Seller Relevant Persons”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually Releasee” and collectively, the “Amazon Released PartiesReleasees”) of and from any and all past, present and future debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims or cross claimsdemands, at law or in equityproceedings, asserted or unassertedcauses of action, express or impliedorders, obligations, contracts, agreements, debts and liabilities whatsoever, whether known or unknown, matured suspected or unmaturedunsuspected, contingent or vestedforeseeable and unforeseeable, liquidated or and unliquidated, of any kind or nature or description whatsoeverinsured and uninsured, that any of both at law and in equity, which the Seller Relevant Persons hadnow has, presently has ever had or may hereafter have against the respective Releasees arising contemporaneously with or claim prior to the Closing Date or assert to have against any on account of the Amazon Released Parties by reason or arising out of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred event occurring contemporaneously with or existed at any time from prior to the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to Closing Date (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Sellers Claims”); provided, however, that nothing in contained herein shall operate to release any obligation of the Company and the Subsidiary arising under this Section 7.21 shall constitute a release Agreement or waiver of (i) with respect to each Seller Relevant Person who is an employee of Danube or any of its Subsidiaries the Employment Agreement, dated as of the date hereofClosing Date, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payrollbetween the Company and the Sellers, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by and the Amazon Released Parties. This release is intended to be complete, global transactions contemplated hereby and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect to the matters described herein. With respect to such Seller Claims, each Seller hereby expressly waives any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYthereby.”

Release by Sellers. Each Seller’s share of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). A) In exchange for such for, and in consideration of, the benefits, and as a condition and inducement to Danube’s and Amazon’s willingness to enter into other commitments set forth in this Agreement, each Seller, for itself the Sellers and on behalf of its their respective heirs, legal representativesexecutors, successors administrators, and assigns (collectivelyeach, the a “Seller Relevant Persons”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually Releasor” and collectively, the “Amazon Released PartiesReleasors”), hereby fully releases, acquits, and forever discharges the Corporation and each of its predecessors, successors and assigns, parent corporations, subsidiary corporations, affiliated corporations, and the officers, directors, shareholders, partners, employees, attorneys and agents, past and present, of each of the aforesaid entities (“Corporation Releasees”) of and from any and all pastclaims, present and future debtsliabilities, accountscauses of action, reckonings, bills, sums of money, bonds, lossesdamages, costs, expenses, Proceedings, contributions, attorneys’ fees, damagesexpenses, punitive damagesand compensation whatsoever, controversiesof whatever kind or nature, covenantsin law, Contractsequity or otherwise, promises, Liabilities, potential claims, counterclaims or cross claims, at law or in equity, asserted or unasserted, express or implied, whether known or unknown, matured vested or unmaturedcontingent, contingent suspected or vestedunsuspected, liquidated that Releasors may now have, have ever had, or unliquidatedhereafter may have, however, only for any matters that arose prior to the Effective Date of this Agreement (the “Claims”), including, but not limited to all state or local statutes, ordinances, or regulations, as well as all claims arising under federal, state, or local law involving any tort, employment contract (express or implied), any other contract that governed the relationship between the Parties at any time (including, but not limited to, the Founders Agreement), public policy, wrongful discharge, or any other claim. To the extent that any claims arising out of Sellers’ employment was not released through the Mutual Termination and Release Agreement dated August 1, 2020, which is incorporated herein by reference, Sellers acknowledge, confirm and agree that all such claims are released herein. Without limitation of the above, RSmith and CMiller do hereby specifically release the Corporation Releasees and waive all rights as against the Corporate Releasees, from and against any and all obligation to indemnify and/or pay to or on behalf of, RSmith and CMiller, any past, present or future amounts, costs and expenses, including legal fees, to which they may otherwise be entitled, if at all, under the Nevada Revised Statutes, otherwise under applicable governing laws, or otherwise under the governing instruments of the Corporation, arising from or relating to any period of time during which RSmith and/or CMiller was as an officer, director or direct or indirect shareholder of the Corporation. (B) The Sellers acknowledge, confirm and agree that no Seller shall become a member of any kind or nature or description whatsoever, that any class action in a court of the Seller Relevant Persons had, presently has or may hereafter have or claim or assert to have law against any of the Amazon Released Parties by reason of any actCorporation Releasees, omissiontogether or separately, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause based on a claim or thing that has occurred claims which arose prior to or existed at any time from on the beginning of time up to and including the Closing, that in any way arise from or out of, are based upon or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution Effective Date of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or . The Sellers agree that should any of the other documents referenced herein or the consummation them somehow become a member of any such a class that each Seller will release and forever discharge each of the TransactionsCorporation Releasees from any and all liability which may result from that claim or those claims (including, including the Acquisitionbut not limited to, except for such Seller Relevant Personattorney’s fees, legal fees, costs, expenses and/or liquidated damages) and will not participate in any recoveries which may result from that claim or Seller Relevant Persons’those claims (including, as applicablebut not limited to, rights under this Agreement attorney’s fees, legal fees, costs, expenses and/or liquidated damages). (C) This release of claims excludes, and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectivelySeller does not waive, after taking into account applicable exceptions, the “Seller Claims”); provided, however, that nothing in this Section 7.21 shall constitute a release or waiver of discharge (i) the filing of a charge or complaint with respect to or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), National Labor Relations Board (“NLRB”), the SEC or any other federal, state, or local agency charged with the enforcement of any employment laws, (although each Seller Relevant Person who is an employee of Danube understands that by signing this Agreement, Seller waives the right to recover any damages or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person to receive payment of other relief directly from the Corporation Releasees in any unpaid accrued payrollclaim brought by or through any federal, accrued bonuses, severance benefits, vacation state or similar benefits or local agency on a Seller’s behalf); (ii) claims under state workers’ compensation or unemployment laws; (iii) claims for earned but unpaid compensation specifically arising under the Corporation’s existing payroll practices and procedures; or (iv) any claims or losses relating to fraud by the Amazon Released Parties. This release is intended to be complete, global and all-encompassing and specifically includes other claims that are knowncannot be waived by law. Nor does anything in this Agreement waive a Seller’s right to testify in an administrative, unknownlegislative or judicial proceeding where Seller has been required to attend the proceeding pursuant to a court order, fixedsubpoena, contingent or conditional with respect to written request from an administrative agency or the matters described hereinlegislature. With respect to However, in the event of any such Seller Claimsproceeding, each Seller hereby expressly waives shall notify, in writing, the Corporation of any court order, subpoena, request or other similar notice to give testimony or provide documentation (“Notice”) within ten (10) business days of receipt of said Notice and all rights conferred upon it by prior to providing any statute response to said Notice such that Corporation may have an opportunity to seek and obtain, among other things, an appropriate protective order or rule of law that provides that a release does not extend to claims that seek intervention in the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYmatter.”

Release by Sellers. Each Seller’s share (a) Effective as of Closing, each of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement to Danube’s and Amazon’s willingness to enter into this AgreementSellers, each Seller, for itself and on behalf of its themselves and their respective Affiliates, heirs, legal representatives, successors and assigns (collectively, the “Seller Relevant Related Persons”), effective as of the Closing, hereby irrevocablyabsolutely, unconditionally and forever acquitsirrevocably releases and discharges, releasesfully, waives finally and discharges Amazonforever, Danube and their respective the Company, the Subsidiaries, Buyer, and each of their Buyer’s respective officersAffiliates, agents, representatives, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors officers and assigns employees (individually and collectivelytogether, the “Amazon Buyer Released Parties”) of and from any and all past, present and future debts, accounts, reckonings, bills, sums of money, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damages, controversies, covenants, Contracts, promises, Liabilities, potential claims, counterclaims demands, rights, causes of action, proceedings, orders, remedies, obligations, damages and liabilities of whatsoever kind or cross claims, at law or in equity, asserted or unasserted, express or implied, known or unknown, matured or unmatured, contingent or vested, liquidated or unliquidated, character arising as a result of any kind event or nature condition, or description whatsoever, that any action or inaction of the Seller Relevant Persons hadBuyer Released Parties, presently has or may hereafter have or claim or assert to have against any of the Amazon Released Parties by reason of any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed at any time from the beginning of time up to and including the until Closing, that whether known or unknown, absolute or contingent, both at law and in equity, which such Seller Related Person ever had, now has, or ever may have, against any Buyer Released Party, including in any way arise from Seller Related Person’s capacity as a direct or out ofindirect equityholder of the Company or the Subsidiaries prior to Closing and pursuant to any Contract between any Seller Related Person and a Buyer Released Party (as to each Seller Related Person, are based upon or relate to (a) such Seller Relevant Related Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder Agreement, the Registration Rights Agreement, the Contribution-in-Kind Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Related Person Claims”); provided, however, that nothing Seller Related Person Claims shall not include any claims pursuant to this Agreement or any Transaction Documents. (b) No Seller has instituted, and will not institute, any Legal Proceeding against any Buyer Released Party with any Governmental Authority or otherwise, based on events occurring on or prior to the Closing Date in relation to any matter released or purported to be released hereunder. No Seller has assigned, and will not assign, any Seller Related Person Claim and has not authorized, and will not authorize, any other Person to assert any Seller Related Person Claim on its or their behalf. (c) Each of the Sellers expressly acknowledges that the release provided under this Section 7.21 shall constitute a release or waiver of (i) with respect to each Seller Relevant Person who is an employee of Danube or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits or (ii) any claims or losses relating to fraud by the Amazon Released Parties. This release 8.5 is intended to be complete, global and all-encompassing and specifically includes include in its effect all claims that are known, unknown, fixed, contingent or conditional with respect to within the matters described herein. With respect to such Seller Claims, each Seller hereby expressly waives any and all rights conferred upon it by any statute or rule scope of law that provides that a this release does not extend to claims that the claimant does Sellers do not know or suspect to exist in its their favor at the time of executing execution hereof, and that this release contemplates the releaseextinguishment of any such claim or claims. (d) Each of the Sellers is aware that statutes exist that render null and void or otherwise affect or may affect releases and discharges of any claims, rights, demands, Liabilities, Legal Proceedings and causes of action that are unknown to the releasing or discharging party at the time of execution of the release and discharge. Each of the Sellers, for itself and the other Seller Related Persons, hereby expressly waives, surrenders and agrees to forego any and all protections, rights or benefits to which if known the Sellers otherwise would be entitled by it must have materially affected its settlement virtue of the existence of any such statute or the common law of any state, province or jurisdiction with the Amazon Released Partysame or similar effect. Further, it is understood and agreed that the facts in respect of which the release provided under this Section 8.5 is given may turn out to be other than or different from the facts in that respect now known or believed by the Sellers to be true; and with such understanding and agreement, each of the Sellers expressly accepts and assumes the risk of facts being other than or different from the assumptions and perceptions as of any date prior to and including the following provisions Closing Date, and agrees that this release shall be in all respects effective and shall not be subject to termination or rescission by reason of California Civil Code any such difference in facts. (e) The release provided under this Section 1542 8.5 shall extend to and be binding upon each of the Sellers, and each such Person’s legal successors and assigns, and all other Seller Related Persons, and shall inure to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYbenefit of all of the Buyer Released Parties.”

Release by Sellers. Each Seller’s share of the Consideration represents the only consideration to be received by such Seller in exchange for the Danube Shares owned by such Seller (other than with respect to the Trust Buyback Agreement). In exchange for such consideration and as a condition and inducement to Danube’s and Amazon’s willingness to enter into this Agreement, each Seller, for itself and on behalf of itself and its heirsaffiliates, legal representativesand effective only upon such Seller’s receipt of the entire Purchase Price, successors hereby releases (and assigns covenants not to sue) the Company and, subject to the last sentence of this Section 6.a, each of its affiliates, subsidiaries, current and former shareholders and, in their capacities as such, directors1, alternate directors, officers, members, agents, employees, attorneys, consultants and professional advisors (such persons, collectively, the “Seller Relevant Persons”), effective as of the Closing, hereby irrevocably, unconditionally and forever acquits, releases, waives and discharges Amazon, Danube and their respective Subsidiaries, and each of their respective officers, directors, employees, agents, divisions, affiliated corporations, Subsidiaries, Affiliates, managers, affiliated non-corporation entities, representatives, successors, predecessors and assigns (individually and collectively, the “Amazon Company Released Parties”) of and from any and all pastdemands, present and future debtsactions, accountscauses of action, reckoningssuits, billscounterclaims, sums of moneyset-offs, bonds, losses, costs, expenses, Proceedings, contributions, attorneys’ fees, damages, punitive damagesdefences, controversies, covenantsacts and omissions, Contracts, promises, Liabilities, potential liabilities and other claims, counterclaims or cross claims, at both in law or and in equity, asserted or unasserted, express or implied, known or unknown, matured suspected or unmaturedunsuspected, contingent which such Seller or vested, liquidated or unliquidated, of any kind or nature or description whatsoever, that any of the Seller Relevant Persons had, presently has or may hereafter its affiliates have or claim or assert to have ever had against any of the Amazon Company Released Parties by reason arising out of or relating to any act, omission, transaction, occurrence, conduct, circumstance, condition, harm, matter, cause or thing that has occurred or existed at any time from the beginning of time period up to and including the ClosingEffective Date, that in any way arise from each case solely to the extent arising out of or out of, are based upon related to the Company or relate to (a) such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, ownership or purported ownership of Danube Shares or other securities of Danube or Danube Subsidiaries, (b) the negotiation or execution of this Agreement, such Seller’s Shareholder interest in the Preference Shares (including breaches under, but not obligations arising after the closing under, that certain Preferred Stock Purchase Agreement, dated as of October 4, 2005, as amended on April 29, 2016 and January 1, 2019 (the Registration Rights “Purchase Agreement”), by and among the Contribution-in-Kind Company, TRG Pakistan Limited and the other parties signatory thereto or otherwise arising out of or relating to any agreements ancillary to the Purchase Agreement or any of the other documents referenced herein or the consummation of any of the Transactions, including the Acquisition, except for such Seller Relevant Person’s or Seller Relevant Persons’, as applicable, rights under this Agreement and each agreement attached as an exhibit thereto or entered into in connection therewith or (c) any Interested Party Transactions (other than a Surviving Interested Party Transaction) (collectively, after taking into account applicable exceptions, the “Seller Claims”Preference Shares); provided, howeverthat, that nothing in this Section 7.21 6.a shall constitute a be interpreted to release or waiver of (i) with respect any claims (or create a covenant not to each sue on) arising out of this letter agreement applicable to such Seller Relevant Person who is an employee of Danube or any of its Subsidiaries as of the date hereof, any rights of such Seller Relevant Person Company Released Party’s obligation to receive payment of any unpaid accrued payroll, accrued bonuses, severance benefits, vacation or similar benefits comply therewith or (ii) any claims or losses relating rights to fraud by indemnification, exculpation or payment and/or reimbursement of expenses to which any Seller Released Party may be entitled to as a result of serving or having served on the Amazon Released PartiesBoard of Directors of the Company, TRG Pakistan Ltd., or IBEX. This release Each Seller (x) understands that such Seller is releasing potential claims which are unknown to such Seller as of the date hereof, (y) hereby expressly waives all rights such Seller may have under law that is intended to be complete, global protect such Seller from waiving unknown claims and all-encompassing and specifically includes claims that are known, unknown, fixed, contingent or conditional with respect (z) understands the significance of doing so. Notwithstanding anything to the matters described contrary herein. With respect to such Seller Claims, each Seller hereby expressly waives neither Mxxxxxxx Xxxxxxxx Xxxx Xxxxxxx nor any of his affiliates (other than TRG Pakistan, Ltd. and all rights conferred upon it by its subsidiaries) shall be Company Released Parties and no claims against Mxxxxxxx Xxxxxxxx Xxxx Xxxxxxx or any statute or rule of law that provides that a release does not extend to claims that the claimant does not know or suspect to exist in his affiliates (other than TRG Pakistan, Ltd. and its favor at the time of executing the release, which if known by it must have materially affected its settlement with the Amazon Released Party, including the following provisions of California Civil Code Section 1542 to the extent applicable to such Seller: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYsubsidiaries) are being released hereunder.”