Common use of Release by Tenant Clause in Contracts

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, directly or indirectly, to the Disputed Matters (collectively, the “Released Claims”), and those Released Claims only. This release by Tenant shall not affect or apply to Landlord’s obligation to cause the Master Landlord to perform the Power Improvements or Landlord’s other obligations under Section 8 above. Tenant acknowledges that it might hereafter discover facts different from or in addition to those Tenant now knows or believes to be true with respect to the Released Claims, and Tenant expressly agrees to assume the risk of possible discovery of additional or different facts, and agrees that this First Amendment shall be and remain effective in all respects regardless of such additional or different discovered facts, or any change in circumstances.

Release by Tenant. In consideration for Tenant hereby releases and ----------------- -------- --- forever discharges Landlord’s covenants , Landlord's current, former, and agreements set forth in this First Amendment------- ---------- future controlling shareholders, includingaffiliates, without limitationrelated companies, in Section 8 abovesubsidiaries, Tenantpredecessor companies, on behalf of itself and all of its divisions, shareholders, directors, officers, employees, agents, attorneys, partnerssuccessors, membersand assigns (and the current, joint venturersformer and future shareholders, directors, officers, directors, shareholders, employees, representativesagents, and attorneys of such controlling shareholders, affiliates, predecessorsrelated companies, successorssubsidiaries, assignspredecessor companies, 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 Projectdivisions), and each all persons acting by, through, under, or in concert with any of them (collectively, Landlord and the “Released Parties”foregoing other persons and entities are hereinafter defined separately and collectively as the "Landlord Releasees"), from any and all demandsactions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, chargesjudgments, extents, executions, claims, liabilities, losses, costs, expenses, attorneys’ fees and/or causes of action of any type, kind, nature description or characterand demands whatsoever, whether known or ------- ----- -- unknown, suspected or unsuspected, liquidated or unliquidated, previously existing, now existing or hereafter arising, in law or equity, whether statutory or common law, ------- whether federal, state, local, or otherwise, including, but not limited to, any claims relating to, or arising out of any aspect of Tenant's occupancy of the Premises, the Lease or the termination of the Lease which Tenant against the Landlord Releasees, or any of them, Tenant, Tenant's successors and assigns ever had or had, now has have, or hereafter can, shall, or may have against have, for, upon, or by reason of any matter, cause, or thing whatsoever from the Released Parties, and each beginning of them, which arise out of or are in any way connected, directly or indirectly, the world to the Disputed Matters (collectively, the “Released Claims”), and those Released Claims only. This release by Tenant shall not affect or apply to Landlord’s obligation to cause the Master Landlord to perform the Power Improvements or Landlord’s other obligations under Section 8 above. Tenant acknowledges that it might hereafter discover facts different from or in addition to those Tenant now knows or believes to be true with respect to the Released Claims, and Tenant expressly agrees to assume the risk date of possible discovery of additional or different facts, and agrees that this First Amendment shall be and remain effective in all respects regardless of such additional or different discovered facts, or any change in circumstancesRelease.

Release by Tenant. In consideration for Landlord’s covenants and agreements set forth in this First Amendment, including, without limitation, in Section 8 aboveEffective on the Termination Date, Tenant, on behalf of itself and all of its agents, attorneys, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors, affiliates and assigns, and subtenantsall other persons, firms 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) corporations claiming 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)Tenant, and each of them (collectively, the “"Tenant Releasing Parties"), do hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, shareholders, agents, contractors, representatives, members, employees and attorneys (collectively the "Landlord Released Parties”"), of and from any and all claims, demands, disputes, damages, charges, claims, liabilities, lossesobligations, controversies, debts, costs, expenses, attorneys’ fees and/or lawsuits, actions, causes of action and other rights to relief, both legal and equitable, of any type, kind, nature description or characterevery kind and nature, whether now known or unknown, suspected or unsuspected, liquidated past or unliquidatedpresent, previously existingcontingent or fixed, which the Tenant Releasing Parties, or any of them, now existing have, had, or at any time hereafter arisingmay have, against the Landlord Released Parties, or any of them, arising out of or in law connection with the Lease, the Premises, or equityany dealings between the Landlord Released Parties, or any of them, on the one hand, and the Tenant Releasing Parties, or any of them, on the other hand. In connection therewith, Tenant hereby expressly waives all rights which Tenant ever had or now has or hereafter can, shallit has, or may have against hereafter claim to have, that any claim, demand, obligation and/or cause of action has, through ignorance, oversight or error, been omitted from the Released Partiesterms of this Agreement. In connection therewith, Tenant hereby expressly waives all rights which it has, or may hereafter claim to have, that any claim, demand, obligation and/or cause of action has, through ignorance, oversight or error, been omitted from the terms of this Agreement, and each hereby expressly waives all rights it may have, or claim to have, under the provisions of themCalifornia Civil Code Section 1542, or equivalent law of any jurisdiction, which arise out of or are in any way connectedprovides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, directly or indirectly, to the Disputed Matters (collectively, the “Released Claims”), and those Released Claims only. This release by Tenant shall not affect or apply to Landlord’s obligation to cause the Master Landlord to perform the Power Improvements or Landlord’s other obligations under Section 8 above. Tenant acknowledges that it might hereafter discover facts different from or in addition to those Tenant now knows or believes to be true with respect to the Released Claims, and Tenant expressly agrees to assume the risk of possible discovery of additional or different facts, and agrees that this First Amendment shall be and remain effective in all respects regardless of such additional or different discovered facts, or any change in circumstancesWHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Tenant's Initials

Release by Tenant. In consideration for Effective immediately, Xxxant, on behalf of itself and on behalf of any other person or entity claiming through or under Tenant, does hereby release and forever discharge Landlord’s covenants , its general partners and agreements set forth limited partners, and Landlord's and its partners' respective directors, officers, employees, shareholders, members, managers, agents, assigns, attorneys, successors, heirs, administrators, executors, representatives, and all others who may have acted or been claimed to have acted in this First Amendmentconcert with Landlord, includingwho are liable or who might be claimed to be liable from any and all claims, without limitationcharges, complaints, liabilities, obligations, promises, agreements, controversies, damages, demands, actions, causes of action or suits of any kind or nature whatsoever, whether they sound in Section 8 abovelaw, equity, tort or contract which Tenant may have had, now has, or may have against Landlord or any such other persons or entities arising out of any act or omission of Landlord under that portion of the Lease as it pertains to the Twelfth Floor Space or in any way connected with any and all transactions, occurrences, or other matters relating to that portion of the Lease as it pertains to the Twelfth Floor Space. Tenant, on behalf of itself and all on behalf of its agentsany other person or entity claiming through or under Tenant, attorneysdoes hereby further release and forever discharge Landlord and Landlord's successors and assigns from the return of any security deposit, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors, assigns, and subtenants, and each commitment deposit or advance payment of them, hereby forever: (i) waives and relinquishes rent paid to Landlord by Tenant at any right to (a) dispute that time 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 execution 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, directly or indirectly, to the Disputed Matters (collectively, the “Released Claims”), and those Released Claims only. This release by Tenant shall not affect or apply to Landlord’s obligation to cause the Master Landlord to perform the Power Improvements or Landlord’s other obligations under Section 8 abovethis Agreement. Tenant acknowledges that it might hereafter discover facts different from or in addition to those Tenant now knows or believes to be true with respect subsequent to the Released Claimsexecution of this Agreement, it may determine that it has incurred a loss, damage or injury related to the releases herein given, but which were unknown or unanticipated at the time of execution of this Agreement, or that it may have had claim(s) or cause(s) of action which were unknown or unanticipated at the time of the execution of this Agreement, and Tenant hereby expressly agrees that the releases herein given shall apply to assume all such unknown, existing and unanticipated losses, damages, injuries, claims and causes of action or other matters relating to the risk of possible discovery of additional or different facts, and agrees that this First Amendment shall be and remain effective in all respects regardless of such additional or different discovered facts, or any change in circumstancesLease as it pertains to the Twelfth Floor Space.

Release by Tenant. In consideration for Landlord’s covenants and agreements set forth Notwithstanding anything to the contrary contained in this First Amendmentthe Lease, includingany city, without limitationcounty, in Section 8 abovestate 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 all of its agents, attorneyscontractors, 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, members, joint venturers, officers, directorsrepresentatives, shareholders, employees, representatives, affiliates, predecessors, successors, assigns, and subtenants, and each of them, hereby forever: subsidiaries (icollectively the "Indemnitees") 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 harmless from and forever discharges Landlord release, remise, discharge, acquit and Master Landlord relieve the Indemnitees from and their respective agentsagainst any and all claims, attorneysdemands, partnerscauses of action, membersobligations, joint venturersliabilities, officersagreements, directorsdamages, shareholders, employees, representatives, affiliates, predecessors, successors and assigns cost (including, without limitation, any subsequent owner of the Project and any prior, existing or future mortgagee of the Projectreasonable attorneys' fees), and each of them (collectivelyloss, the “Released Parties”), from any and all demands, damages, charges, claims, liabilities, losses, costs, expenses, attorneys’ fees and/or causes of action or liability of any type, kind, nature description kind or characternature, whether asserted, 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 connectedconnected with, directly which any one or indirectlymore 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 Disputed Matters (collectively, the “Released Claims”), and those Released Claims only. This release purchase or use of Concierge Services by Tenant shall 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 affect extend to claims which the creditor does not know or apply suspect to Landlord’s obligation to cause exist in his favor at the Master Landlord to perform time of executing the Power Improvements or Landlord’s other obligations under Section 8 above. release and which, if known by him, must have materially affected his settlement with the debtor." In so doing, Tenant acknowledges that it might hereafter discover facts different from will be unable to make any claim against Landlord or in addition 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 those Tenant now knows or believes to be true with respect to the Released Claimsexist, and Tenant expressly agrees which, if known, would materially have affected Tenant's decision to assume the risk of possible discovery of additional or different factsexecute this document, and agrees that this First Amendment shall be and remain effective in all respects regardless of such additional whether Tenant's lack of knowledge, if any, is the result of ignorance, oversight, error, negligence or different discovered facts, or any change in circumstancesother cause.

Release by Tenant. In consideration for Landlord’s covenants and agreements set forth in this First Amendment, including, without limitation, in Section 8 aboveAs of the Effective Date, Tenant, on behalf ----------------- of itself and all of its agents, attorneys, partners, members, joint venturers, officers, directors, shareholders, employees, representatives, affiliates, predecessors, successors, affiliates and assigns, and subtenantsall other persons, firms 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) corporations claiming 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)Tenant, and each of them (collectively, the “"Tenant Releasing Parties"), releases Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, shareholders, agents, contractors, representatives, employees and attorneys (collectively, "Landlord Released Parties”"), of and from any and all claims, demands, disputes, damages, charges, claims, liabilities, lossesobligations, controversies, debts, costs, expenses, attorneys’ fees and/or lawsuits, actions, causes of action and other rights to relief, both legal and equitable, of any type, kind, nature description or characterevery kind and nature, whether now known or unknown, suspected or unsuspected, liquidated past or unliquidatedpresent, previously existing, now existing contingent or hereafter arising, in law or equityfixed, which Tenant ever had or now has or hereafter can, shallReleasing Parties, or any of them, now have, had, or at any time hereafter may have have, against the Landlord Released Parties, and each or any of them, which arise arising out of or are in any way connected, directly or indirectly, to connection with the Disputed Matters (collectivelyLease, the “Property, the Phase I space, the Project, Tenant's occupancy and possession of the Phase I space, or any dealings between Landlord Released Claims”)Parties, or any of them, on the one hand, and those Released Claims only. This release by Tenant shall not affect Releasing Parties, or apply to Landlord’s obligation to cause any of them, on the Master Landlord to perform the Power Improvements or Landlord’s other obligations under Section 8 above. Tenant acknowledges that it might hereafter discover facts different from or in addition to those Tenant now knows or believes to be true hand, with respect to the Released Claims, and Lease. Tenant expressly agrees to assume the risk of possible discovery of additional or different facts, and agrees that this First Amendment shall be is a general release and remain effective in all respects regardless expressly waives the protection of such additional any statute, law, ordinance or different discovered factsregulation, including California Civil Code Section 1542, or an equivalent law of any change jurisdiction, which Tenant acknowledges and understands provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in circumstanceshis favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." IT IS UNDERSTOOD BY TENANT THAT IF THE FACTS OR LAW WITH RESPECT TO WHICH THE FOREGOING RELEASE IS GIVEN HEREAFTER TURN OUT TO BE DIFFERENT FROM THE FACTS OR LAW IN THAT CONNECTION AS BELIEVED BY TENANT TO BE TRUE, THEN TENANT EXPRESSLY ASSUMES THE RISK OF THE FACTS OR LAW TURNING OUT TO BE SO DIFFERENT AND AGREES THAT THE FOREGOING RELEASE SHALL BE IN ALL RESPECTS EFFECTIVE AND NOT SUBJECT TO TERMINATION OR RESCISSION BASED UPON SUCH DIFFERENCES IN FACTS OR LAW.