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. 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, Tenant’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. The Tenant hereby releases the Landlord from all claims, demands, liabilities, costs, damages and expenses which have arisen or may arise from the covenants, agreements, conditions and obligations (whether past, present or future) on the part of the Landlord contained in the Leases and any supplemental deed or document (other than this Deed).
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. Tenant hereby generally releases and discharges Landlord and all of its officers, directors, shareholders, members, agents, representatives, employees and attorneys, both present and past, of and from any and all claims, debts, liabilities, obligations, and causes of action of any kind or nature, whether known or unknown, based on, arising out of, or connected with, either directly or indirectly, any term, provision, matter, fact, event or occurrence related to or contained in the Lease, or to any landlord/tenant relationship between Tenant and Landlord arising out of the Lease. This general release shall be governed by the laws of the State of California. It is understood by Tenant that the facts with respect to which this general release is given may hereafter turn out to be other than or different from the facts in that connection now known to it or believed by it to be true, and Tenant therefore expressly assumes the risk of the facts turning out to be so different and agrees that the foregoing general release shall be in all respects effective and not subject to termination or rescission by any such difference in facts. This general release shall bind all persons or business entities claiming any rights under or through Tenant.
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. Tenant hereby waives and releases all rights of ----------------- recovery which it might otherwise have against Landlord, its agents and employees, for loss or damage to Tenant's contents, furniture, furnishings, fixtures or other property removable by Tenant under the provisions of this Lease to the extent that the same are coverable by Tenant's insurance, notwithstanding that such loss or damage may result from the negligence or fault of Landlord, its agents or employees. Policies required to be maintained by Tenant hereunder shall contain waivers of subrogation by the insurers against Landlord and endorsements authorizing Tenant Landlord to execute mutual releases as between themselves.
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 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...
