Release by Tenant. Notwithstanding anything to the contrary contained in the Lease, any city, county, state or federal ordinance, statute, regulation or law, Tenant's signature hereon indicates Tenant's agreement that solely as it relates to the purchase or use of Concierge Services by Tenant or the agents, contractors, employees, officers, partners, and/or shareholders of Tenant, Tenant, on behalf of itself and its agents, contractors, directors, employees, licensees, officers, partners or shareholders, does and shall hereby forever hold Landlord and Landlord's affiliates, agents, assigns, contractors, directors, employees, officers, parent organization, partners, representatives, shareholders, and subsidiaries (collectively the "Indemnitees") harmless from and forever release, remise, discharge, acquit and relieve the Indemnitees from and against any and all claims, demands, causes of action, obligations, liabilities, agreements, damages, cost (including, without limitation, reasonable attorneys' fees), loss, or liability of any kind or nature, whether asserted, known or unknown, suspected or unsuspected, in any way connected with, which any one or more of the Indemnitees may sustain or incur by reason of, related to, associated with, or arising out of the provision, use or the rendering of any such Concierge Services or the delivery of such Concierge Services to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Solely as it relates to the purchase or use of Concierge Services by Tenant or the agents, contractors, employees, officers, partners, and/or shareholders of Tenant, Tenant hereby expressly waives all rights and benefits conferred by the provisions of Section 1542 of the Civil Code of the State of California, which reads 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 and which, if known by him, must have materially affected his settlement with the debtor." In so doing, Tenant acknowledges that it will be unable to make any claim against Landlord or any other Indemnitees for damages that may exist as of the date or after the date of this release, but which Tenant does not know to exist, and which, if known, would materially have affected Tenant's decision to execute this document, regardless of whether Tenant's lack of knowledge, if any, is the result of ignorance, oversight, er...
Release by Tenant. Tenant, on behalf of itself and its affiliates, assigns, predecessors and successors-in-interest, and its and their employees, officers, directors, members, partners, representatives, shareholders, agents, attorneys and heirs, hereby releases and forever discharges the Successor Agency and RDA, each in its capacity as a public body, and the City, in its capacity as a municipal corporation (collectively, the “Governmental Parties”), and all of their respective past and present officers, employees, representatives, elected and appointed officials, agents, contractors (specifically excluding Designer and General Contractor), and attorneys, and all persons acting by, through or in concert with, any of them, from any and all claims, fines, penalties, charges, complaints, debts, liabilities, demands, obligations, costs, expenses (including, but not limited to, reasonable attorneys’ fees and costs), damages, suits, actions, rights to appeal, pending appeals, and causes of action (collectively, “Losses”), related to or arising out of the Disputes, excluding the Unrelated Claims. Without limiting the generality of the foregoing provisions of this Section 2.1, Xxxxxx’s release of the Governmental Parties applies to all claims arising out of the Disputes that arise from an act, omission or condition that exists as of the date of this Agreement (but not Unrelated Claims), whether such existing claims are known or unknown, and Tenant acknowledges the existence of, and agrees to waive, the benefits of California Civil Code Section 1542, which provides as follows:
Release by Tenant. Conditioned upon (i) the entry of the Bankruptcy Court Order, (ii) the execution and delivery of this Assignment and Assumption Agreement by Landlord, Tenant and Assignee and (iii) the waiver of Landlord of its claim for the Consideration as provided herein, Tenant does hereby release and forever discharge Landlord and its successors and assigns (collectively the “Released Landlord Parties”), of and from any and all claims, demands, damages, debts, liabilities, actions, and causes of action of every kind and nature whatsoever, whether now known or unknown, which Tenant ever had or now has, or may hereafter have, against the Released Landlord Parties, arising out of, based upon, or relating to, any act, omission, event, matter or thing with respect to the Lease or the Premises, including, but not limited to, any obligations of Landlord to refund to Tenant or credit against any base or annual rent, percentage rent (if applicable), or additional rent and charges due under the Lease or any overpayment by Tenant for any common area charges or ad valorem taxes and assessments in accordance with the annual reconciliations of such charges as set forth in the Lease, save and except for (a) the rights created or reserved by this Agreement and (b) any indemnification obligations arising from third party claims asserted with respect to or arising from Landlord’s obligations prior to the Delivery Date for which Landlord had a duty to indemnify Tenant pursuant to the Lease and which expressly survive the expiration, termination or assignment of the Lease.
Release by Tenant. Except for Landlord's continuing liability in ----------------- accordance with the Lease (with respect to the Premises, other than Suite 525) ("Landlord's Surviving Obligations"), if Tenant timely and properly terminates the Lease (as it relates only to Suite 525) in accordance with paragraph 3 above, effective on the Termination Date, Tenant and Prior Tenant, on behalf of themselves and their predecessors, successors, affiliates and assigns, and all other persons, firms and corporations claiming through Tenant and Prior Tenant, and each of them (collectively, the "Tenant Releasing Parties"), does hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, shareholders, agents, contractors, representatives, employees and attorneys (collectively the "Landlord Released Parties"), of and from any and all claims, demands, disputes, damages, liabilities, obligations, controversies, debts, costs, expenses, lawsuits, actions, causes of action and other rights to relief, both legal and equitable, of every kind and nature, whether now known or unknown, suspected or unsuspected, past or present, contingent or fixed, which the Tenant Releasing Parties, or any of them, now have, had, or at any time hereafter may have, against the Landlord Released Parties, or any of them, arising out of or in connection with the Lease (as it relates only to Suite 525) and Suite 525.
Release by Tenant. Except for such obligations, rights or claims ----------------- as may be created by or arise out of the terms and conditions of this Amendment, effective on the Termination Date, Tenant, on behalf of itself and its predecessors, successors, affiliates and assigns, and all other persons, firms and corporations claiming through Tenant, and each of them (collectively, the "Tenant Releasing Parties"), does hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, shareholders, agents, contractors, representatives, employees and attorneys (collectively the "Landlord Released Parties"), of and from any and all claims, demands, disputes, damages, liabilities, obligations, controversies, debts, costs, expenses, lawsuits, actions, causes of action and other rights to relief, both legal and equitable, of every kind and nature, whether now known or unknown, suspected or unsuspected, past or present, contingent or fixed, which the Tenant Releasing Parties, or any of them, now have, had, or at any time hereafter may have, against the Landlord Released Parties, or any of them, arising out of or in connection with the Lease (as it relates only to the Surrendered Premises) or the Surrendered Premises.
Release by Tenant. In consideration for Landlord’s covenants and agreements set forth in this First Amendment, including, without limitation, in Section 8 above, Tenant, on behalf of itself and all of its agents, attorneys, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors, assigns, and subtenants, and each of them, hereby forever: (i) waives and relinquishes any right to (a) dispute that prior to the First Increase Date, Landlord had or has any obligation to make available, or cause Master Landlord to make available, electrical or generator power (including any Power) to the Premises in excess of the amount of Power to be made available to the Premises as of the Amendment Date pursuant to and in accordance with the Power Provision, or (b) dispute that prior to the Improvement Deadline, Landlord had or has any obligation to make available, or cause Master Landlord to make available, electrical or generator power (including any Power) to the Premises in excess of the amount of Power to be made available to the Premises as of the First Increase Date pursuant to and in accordance with the Power Provision, or (c) claim a breach by Landlord for any period prior to the Amendment Date with respect to any obligations of Landlord to provide or make available, or cause Master Landlord to provide or make available, electrical power and/or generator power to the Premises (the matters described in clauses (a) through (c), collectively, the “Disputed Matters”); and (ii) releases, acquits and forever discharges Landlord and Master Landlord and their respective agents, attorneys, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors and assigns (including, without limitation, any subsequent owner of the Project and any prior, existing or future mortgagee of the Project), and each of them (collectively, the “Released Parties”), from any and all demands, damages, charges, claims, liabilities, losses, costs, expenses, attorneys’ fees and/or causes of action of any type, kind, nature description or character, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, previously existing, now existing or hereafter arising, in law or equity, which Tenant ever had or now has or hereafter can, shall, or may have against the Released Parties, and each of them, which arise out of or are in any way connected, direct...
Release by Tenant. In consideration for Landlord’s covenants and agreements set forth in this Fourth Amendment, including, without limitation, in Section 11 above, Tenant, on behalf of itself and all of its agents, attorneys, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors, assigns, and subtenants, and each of them, hereby forever: (i) waives and relinquishes any right to (a) dispute that prior to the First Increase Date, Landlord had or has any obligation to make available from the Base Electrical Systems or the Generators (and/or any other systems, equipment, generators or sources) (1) electrical or generator power (including any Power) to (A) the Direct Power Suites and the 4th Floor Space in an amount in excess of the Maximum Building Power Amount or Maximum Generator Power Amount, as applicable, in effect as of the Amendment Date, (B) any Direct Power Suite or the 4th Floor Space in an amount in excess of the Riser Allocation Amount or Generator Allocation Amount, as applicable, set forth in line number 1 of Exhibit F-1, or (C) any of the CoreSite Power Suites, or (2) electrical power to the Office Space and Storage Space in excess of the Standard Electrical Power, or (b) dispute that prior to the Improvement Deadline, Landlord had or has any obligation to make available from the Base Electrical Systems or the Generators (and/or any other systems, equipment, generators or sources) (1) electrical or generator power (including any Power) to (A) the Direct Power Suites and the 4th Floor Space in an amount in excess of the Maximum Building Power Amount or Maximum Generator Power Amount, as applicable, in effect as of the First Increase Date, (B) any Direct Power Suite or the 4th Floor Space in an amount in excess of the Riser Allocation Amount or Generator Allocation Amount, as applicable, set forth in line number 3 of Exhibit F-1, or (C) any of the CoreSite Power Suites, or (2) electrical power to the Office Space and Storage Space in excess of the Standard Electrical Power; or (c) claim a breach by Landlord for any period prior to the Amendment Date with respect to any obligations of Landlord to provide or make available electrical power and/or generator power to the Existing Premises (the matters described in clauses (a) through (c), collectively, the “Disputed Matters”); and (ii) releases, acquits and forever discharges Landlord and its agents, attorneys, partners, members, joint ven...
Release by Tenant. In consideration of the terms and conditions herein, Tenant shall and does hereby fully, irrevocably, finally, and unconditionally release and forever discharge Landlord, and its partners, predecessors, successors, assigns, parents, subsidiaries, and affiliates, and the respective officers, directors, employees, consultants, lawyers, agents, and representatives of the same, from any and all actions (including, without limitation, informal proceedings), debts, liens, obligations, liabilities, claims, rights, demands, damages (including, without limitation, punitive and consequential damages), judgments, losses, costs, and expenses of every kind and nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, arising from, incidental to, based upon, or related to the Lease, whether arising before or after the Termination Date.
Release by Tenant. In order to induce Landlord enter into this Amendment, Tenant hereby covenants and agrees not to xxx, threaten, or make claim against and does hereby release, acquit, and forever discharge Landlord and Broker and their respective employees, agents, officers, directors, managers, shareholders, parents, subsidiaries, affiliated companies, successors, attorneys, and assigns from any and all prior and existing claims, damages, defenses, demands, actions and causes of action of whatsoever nature, whether in contract or in tort, by statute or otherwise, known or unknown, suspected or unsuspected, related to the initial Construction Allowance and any work performed by Landlord under Exhibit D of the Original Lease; including without limitation, any and all claims relating to the construction management fees.
Release by Tenant. Notwithstanding any other provision of this Lease, Landlord shall not be liable or responsible for, and Tenant hereby releases the Landlord and its partners, officers, directors, agents, employees and beneficiaries from, any and all liability or responsibility to Tenant or any Person claiming by, through or under Tenant, by way of subrogation or otherwise, for any injury, loss or damage to Tenant's property covered by valid and collectible fire insurance policy with extended coverage endorsement.
