Common use of Release by Tenant Clause in Contracts

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, error, negligence or other cause.

Appears in 1 contract

Samples: Office Lease (Sizzler International Inc)

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Release by Tenant. Notwithstanding anything to As of 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 TenantEffective 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, "Tenant Releasing Parties"), releases Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, 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, shareholdersemployees and attorneys (collectively, "Landlord Released Parties"), of 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 actiondisputes, damages, liabilities, obligations, liabilitiescontroversies, agreementsdebts, damagescosts, cost (includingexpenses, without limitationlawsuits, reasonable attorneys' fees)actions, losscauses of action and other rights to relief, or liability both legal and equitable, of any every kind or and nature, whether asserted, now known or unknown, suspected or unsuspected, in any way connected withpast or present, contingent or fixed, which any one or more of the Indemnitees may sustain or incur by reason of, related to, associated withTenant Releasing Parties, or any of them, now have, had, or at any time hereafter may have, against Landlord Released Parties, or any of them, arising out of or in connection with the provisionLease, use the Property, the Phase I space, the Project, Tenant's occupancy and possession of the Phase I space, or any dealings between Landlord Released Parties, or any of them, on the rendering one hand, and Tenant Releasing Parties, or any of them, on the other hand, with respect to the Lease. Tenant agrees that this is a general release and expressly waives the protection of any such Concierge Services statute, law, ordinance or the delivery of such Concierge Services to Tenant or Tenant's agentsregulation, 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 including California Civil Code Section 1542, or an equivalent law of the State of Californiaany jurisdiction, which reads 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 his favor at the time of executing the release and whichrelease, which if known by him, him must have materially affected his settlement with the debtor." In so doingIT 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, 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, error, negligence or other causeTHEN 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.

Appears in 1 contract

Samples: Surrender of Lease Agreement (Valley Media Inc)

Release by Tenant. Notwithstanding anything to Effective on 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 TenantTermination 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"), do hereby release Landlord and its predecessors, successors, affiliates and assigns, and their respective partners, officers, 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, shareholdersmembers, employees and subsidiaries attorneys (collectively the "IndemniteesLandlord Released Parties") harmless ), of and from and forever release, remise, discharge, acquit and relieve the Indemnitees from and against any and all claims, demands, causes of actiondisputes, damages, liabilities, obligations, liabilitiescontroversies, agreementsdebts, damagescosts, cost (includingexpenses, without limitationlawsuits, reasonable attorneys' fees)actions, losscauses of action and other rights to relief, or liability both legal and equitable, of any every kind or and nature, whether asserted, now known or unknown, suspected or unsuspected, in any way connected withpast or present, contingent or fixed, which any one or more of the Indemnitees may sustain or incur by reason of, related to, associated withTenant 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 provisionLease, use the Premises, or any dealings between the rendering Landlord Released Parties, or any of them, on the one hand, and the Tenant Releasing Parties, or any such Concierge Services or of them, on the delivery of such Concierge Services to Tenant or Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholdersother hand. 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 TenantIn 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. 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 benefits conferred by hereby expressly waives all rights it may have, or claim to have, under the provisions of Section 1542 of the California Civil Code Section 1542, or equivalent law of the State of Californiaany jurisdiction, which reads as followsprovides: "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 whichGENERAL 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, if known by him, must have materially affected his settlement with the debtorWHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER 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 /s/ JW Tenant's decision to execute this document, regardless of whether Tenant's lack of knowledge, if any, is the result of ignorance, oversight, error, negligence or other cause.Initials

Appears in 1 contract

Samples: Lease Termination Agreement (Everspin Technologies Inc)

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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, contractorspredecessors and successors-in-interest, directors, and its and their employees, officers, parent organizationdirectors, members, partners, representatives, shareholders, agents, attorneys and subsidiaries (collectively the "Indemnitees") harmless from heirs, hereby releases and forever releasedischarges the Successor Agency and RDA, remiseeach in its capacity as a public body, dischargeand the City, acquit in its capacity as a municipal corporation (collectively, the “Governmental Parties”), and relieve the Indemnitees 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 and against any and all claims, fines, penalties, charges, complaints, debts, liabilities, demands, causes of action, obligations, liabilitiescosts, agreementsexpenses (including, but not limited to, reasonable attorneys’ fees and costs), damages, cost suits, actions, rights to appeal, pending appeals, and causes of action (includingcollectively, without limitation, reasonable attorneys' fees“Losses”), 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, to or arising out of the provisionDisputes, use or excluding the rendering Unrelated Claims. Without limiting the generality 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 foregoing provisions of this Section 1542 2.1, Tenant’s release of the Civil Code Governmental Parties applies to all claims arising out of the State of CaliforniaDisputes that arise from an act, which reads as follows: "A general release does not extend to claims which the creditor does not know omission 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 condition that it will be unable to make any claim against Landlord or any other Indemnitees for damages that may exist exists as of the date or after the date of this releaseAgreement (but not Unrelated Claims), but which Tenant does not know to existwhether such existing claims are known or unknown, and whichTenant acknowledges the existence of, if knownand agrees to waive, would materially have affected the benefits of California Civil Code Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Tenant's decision to execute this document, regardless of whether Tenant's lack of knowledge, if any, is the result of ignorance, oversight, error, negligence or other cause.’s Initials

Appears in 1 contract

Samples: Settlement Agreement and Mutual Release

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