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, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of 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 Parties”), does hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, members, shareholders, agents, contractors, representatives, employees and attorneys (collectively the “Landlord 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 Parties, or any of them, now have, had, or at any time hereafter may have, against the Landlord Parties, or any of them, arising out of or in connection with the Lease, the Premises and/or Tenant’s occupancy and use of the Premises. In this regard, ▇▇▇▇▇▇ waives all rights it has or may hereafter have that any claim, demand, obligation or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraph, and expressly waives all rights it may have, or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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" Tenant's Initials (b) Release by Landlord. Except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of the Termination Date, the Landlord Parties hereby release Tenant and the Tenant 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 Landlord Parties, or any of them, now have, had, or at any time hereafter may have, against the Tenant or Tenant Parties, or any of them, arising out of or in connection with the Lease, the Premises and/or Tenant’s or Tenant Parties’ occupancy and use of the Premises. In this regard, except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, Landlord waives all rights it has or may hereafter have that any claim, demand, obligation or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraph, and expressly waives all rights it may have, or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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,
Appears in 1 contract
Sources: Lease (Hippo Holdings Inc.)
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, and except with respect Notwithstanding anything to the Surviving Obligationscontrary contained in the Lease, expressly identified in Section 3 aboveany 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 Termination Dateagents, contractors, employees, officers, partners, and/or shareholders of Tenant, 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 Parties”), does hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, members, shareholders, 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, employees shareholders, and attorneys subsidiaries (collectively the “Landlord Parties”)"Indemnitees") harmless from and forever release, of remise, discharge, acquit and relieve the Indemnitees from and against any and all claims, demands, disputescauses of action, obligations, liabilities, agreements, damages, liabilitiescost (including, obligationswithout limitation, controversiesreasonable attorneys' fees), debtsloss, costs, expenses, lawsuits, actions, causes or liability of action and other rights to relief, both legal and equitable, of every any kind and or nature, whether now asserted, known or unknown, suspected or unsuspected, past or present, contingent or fixedin any way connected with, which any one or more of the Tenant PartiesIndemnitees may sustain or incur by reason of, related to, associated with, or any of them, now have, had, or at any time hereafter may have, against the Landlord Parties, or any of them, arising out of the provision, use or in connection with the Leaserendering 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 Premises and/or Tenant’s occupancy and purchase or use of Concierge Services by Tenant or the Premises. In this regardagents, ▇▇▇▇▇▇ waives all rights it has or may hereafter have that any claimcontractors, demandemployees, obligation or cause officers, partners, and/or shareholders of action hasTenant, through ignorance, oversight or error, been omitted from the terms of this paragraph, and Tenant hereby expressly waives all rights it may have, or claim to have, under and benefits conferred by the provisions of California Section 1542 of the Civil Code Section 1542, or equivalent law of any jurisdictionthe State of California, which providesreads as follows: "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 RELEASEgeneral 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, AND THATif known by him, IF KNOWN BY HIM OR HERmust have materially affected his settlement with the debtor." In so doing, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY" Tenant's Initials (b) Release by Landlord. Except Tenant acknowledges that it will be unable to make any claim against Landlord or any other Indemnitees for such obligations, rights or claims as damages that may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, exist as of the Termination Date, date or after the Landlord Parties hereby release Tenant and the Tenant 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 Landlord Parties, or any of them, now have, had, or at any time hereafter may have, against the Tenant or Tenant Parties, or any of them, arising out of or in connection with the Lease, the Premises and/or Tenant’s or Tenant Parties’ occupancy and use of the Premises. In this regard, except for such obligations, rights or claims as may be created by or arise out of the terms and conditions date of this Amendmentrelease, but which Tenant does not know to exist, and except with respect 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 Surviving Obligations, expressly identified in Section 3 above, Landlord waives all rights it has or may hereafter have that any claim, demand, obligation or cause result of action has, through ignorance, oversight or oversight, error, been omitted from the terms of this paragraph, and expressly waives all rights it may have, negligence or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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,other cause.
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Release by Tenant. Except for such obligations, rights or claims as may be created by or arise out As of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of the Termination Effective 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 releases Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, members, shareholders, agents, contractors, representatives, employees and attorneys (collectively the “collectively, "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, the Premises and/or Property, the Phase I space, the Project, Tenant’s 's occupancy and use possession of the PremisesPhase I space, or any dealings between Landlord Released Parties, or any of them, on the one hand, and Tenant Releasing Parties, or any of them, on the other hand, with respect to the Lease. In Tenant agrees that this regard, ▇▇▇▇▇▇ waives all rights it has or may hereafter have that any claim, demand, obligation or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraph, is a general release and expressly waives all rights it may havethe protection of any statute, law, ordinance or claim to haveregulation, under the provisions of including California Civil Code Section 1542, or an equivalent law of any jurisdiction, which providesTenant acknowledges and understands provides as follows: "A GENERAL 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, 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 DOES NOT EXTEND IS GIVEN HEREAFTER TURN OUT TO CLAIMS 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 CREDITOR FOREGOING RELEASE SHALL BE IN ALL RESPECTS EFFECTIVE AND NOT SUBJECT TO TERMINATION OR RELEASING PARTY DOES NOT KNOW RESCISSION BASED UPON SUCH DIFFERENCES IN FACTS 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" Tenant's Initials (b) Release by Landlord. Except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of the Termination Date, the Landlord Parties hereby release Tenant and the Tenant 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 Landlord Parties, or any of them, now have, had, or at any time hereafter may have, against the Tenant or Tenant Parties, or any of them, arising out of or in connection with the Lease, the Premises and/or Tenant’s or Tenant Parties’ occupancy and use of the Premises. In this regard, except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, Landlord waives all rights it has or may hereafter have that any claim, demand, obligation or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraph, and expressly waives all rights it may have, or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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,LAW.
Appears in 1 contract
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, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of 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 do hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, members, shareholders, agents, contractors, representatives, members, 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, the Premises and/or Tenant’s occupancy Premises, or any dealings between the Landlord Released Parties, or any of them, on the one hand, and use the Tenant Releasing Parties, or any of them, on the Premisesother hand. In this regardconnection therewith, ▇▇▇▇▇▇ Tenant hereby expressly waives all rights which it has has, or may hereafter have claim to have, that any claim, demand, obligation or and/or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraphAgreement. 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 hereby expressly waives all rights it may have, or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR." Tenant's Initials (b) Release by Landlord. Except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, as of the Termination Date, the Landlord Parties hereby release Tenant and the Tenant 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 Landlord Parties, or any of them, now have, had, or at any time hereafter may have, against the Tenant or Tenant Parties, or any of them, arising out of or in connection with the Lease, the Premises and/or Tenant’s or Tenant Parties’ occupancy and use of the Premises. In this regard, except for such obligations, rights or claims as may be created by or arise out of the terms and conditions of this Amendment, and except with respect to the Surviving Obligations, expressly identified in Section 3 above, Landlord waives all rights it has or may hereafter have that any claim, demand, obligation or cause of action has, through ignorance, oversight or error, been omitted from the terms of this paragraph, and expressly waives all rights it may have, or claim to have, under the provisions of California Civil Code Section 1542, or equivalent law of any jurisdiction, which provides: "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,Initials
Appears in 1 contract
Sources: Lease Termination Agreement (Everspin Technologies Inc)