Common use of Release by the Company Clause in Contracts

Release by the Company. The Company warrants and represents that it has no knowledge, at the time of the signing of this Agreement, that Mr. Olvey has participated xx xxxxxxd in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. Mr. Olvey warrants and repxxxxxxx xx the Company that he has not participated or engaged in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. In reliance on these warranties and representations by Mr. Olvey, the Company agrexx xx, xy the signing of this Agreement and its acceptance of Mr. Olvey's representationx, xxxxxxxxs, releases, and waivers provided by Mr. Olvey hereunder, irrevxxxxxx xxd unconditionally release Mr. Olvey from all damages, xxxxxxx, lawsuits or claims the Company may have, whether based on contract, tort, statute, or common law, arising from his employment with the Company and/or the conclusion of that employment, or from his service as a director and officer of the Company and each subsidiary thereof, including, but not limited to, a release of any rights or claims the Company may have under applicable law, or any other charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, suits, rights, demands, losses, debts and/or expenses (including attorneys' fees and costs actually incurred) of any nature, known or unknown, suspected or unsuspected which the Company may have under any federal, state or local law, and of any other known or unknown claims in contract, tort or common law, including, but not limited to, actions for libel, slander, defamation or small claims accruing through the date of its signing of this Agreement; provided, however, that this waiver does not apply to claims or rights that accrue after the date the Company signs this Agreement or claims to enforce the terms of this Agreement brought by the Company.

Release by the Company. (a) The Company warrants Company, on behalf of itself, its subsidiaries, divisions and represents that it has no knowledgerelated or affiliated entities and each of their respective predecessors, at the time of the signing of this Agreement, that Mr. Olvey has participated xx xxxxxxd in any type of misconduct, malfeasance, violation of the Company's policies successors or illegal acts. Mr. Olvey warrants assigns hereby irrevocably and repxxxxxxx xx the Company that he has not participated or engaged in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. In reliance on these warranties and representations by Mr. Olvey, the Company agrexx xx, xy the signing of this Agreement and its acceptance of Mr. Olvey's representationx, xxxxxxxxs, unconditionally releases, acquits and waivers provided by Mr. Olvey hereunderforever discharges you, irrevxxxxxx xxd unconditionally release Mr. Olvey your successors, heirs, assigns, executors, administrators and/or estate (the "Bermxx Xxxeasees"), from any and all damages, xxxxxxx, lawsuits or claims the Company may have, whether based on contract, tort, statute, or common law, arising from his employment with the Company and/or the conclusion of that employment, or from his service as a director and officer of the Company and each subsidiary thereof, including, but not limited to, a release of any rights or claims the Company may have under applicable law, or any other charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and/or and expenses (including attorneys' attorney's fees and costs actually incurred) that directly or indirectly arise out of, relate to or concern your employment or termination of any nature, known or unknown, suspected or unsuspected employment with the Company (the "Company Claims") which the Company has, owns or holds, or at any time heretofore had, owned or held against the Bermxx Xxxeasees up to the date on which it executes this Agreement. (b) The Company acknowledges that it is familiar with Section 1542 of the California Civil Code, 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, which if known by him must have materially affected his settlement with the debtor. The Company acknowledges and agrees that it is releasing unknown claims and waives all rights that it may have under Civil Code Section 1542 or under any federalother statute or common law principle of similar effect. (c) The Company represents and warrants that it has not filed any complaints or charges asserting any Company Claims against the Bermxx Xxxeasees with any local, state or local lawfederal agency or court. The Company further represents and warrants that it has not assigned or transferred to any person or entity any Company Claims or any part or portion thereof. (d) The Company agrees that it will not hereafter pursue any Company Claims against any Bermxx Xxxeasee by filing a lawsuit in any local, and state or federal court for or on account of any other known anything which has occurred up to the present time as a result of your employment or unknown claims in contract, tort or common law, including, but not limited to, actions for libel, slander, defamation or small claims accruing through the date termination of its signing of this Agreementemployment; provided, however, that nothing in this waiver does not apply Section 4 shall be deemed to release you from any claims the Company may have (i) under this Agreement, or rights that accrue after (ii) for breaches prior to the date hereof of the Company signs this nondisclosure provisions of Section 6 of the Employment Agreement or claims Annex B to enforce the terms of this Agreement brought by the CompanyEmployment Agreement.

Release by the Company. (a) The Company warrants Company, on behalf of itself, its directors and represents that it has no knowledge, at officers (but only to the time of the signing of this Agreement, that Mr. Olvey has participated xx xxxxxxd in any type of misconduct, malfeasance, violation of extent the Company's policies agreement in this regard is legally binding on them), its subsidiaries, divisions and related or illegal acts. Mr. Olvey warrants affiliated entities and repxxxxxxx xx the Company that he has not participated each of their respective predecessors, successors or engaged in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. In reliance on these warranties assigns hereby irrevocably and representations by Mr. Olvey, the Company agrexx xx, xy the signing of this Agreement and its acceptance of Mr. Olvey's representationx, xxxxxxxxs, unconditionally releases, acquits and waivers provided by Mr. Olvey hereunderforever discharges you, irrevxxxxxx xxd unconditionally release Mr. Olvey your successors, heirs, assigns, executors, administrators and/or estate (the "Shotxxxx Xxxeasees"), from any and all damages, xxxxxxx, lawsuits or claims the Company may have, whether based on contract, tort, statute, or common law, arising from his employment with the Company and/or the conclusion of that employment, or from his service as a director and officer of the Company and each subsidiary thereof, including, but not limited to, a release of any rights or claims the Company may have under applicable law, or any other charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and/or and expenses (including attorneys' attorney's fees and costs actually incurred) of any nature, known or unknown, suspected that directly or unsuspected indirectly arise out of, relate to or concern acts or omissions reasonably taken or not taken by you in the course of your employment and termination of employment with the Company in good faith (the "Company Claims"). (b) The Company acknowledges that it is familiar with Section 1542 of the California Civil Code, 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, which if known by him must have materially affected his settlement with the debtor. The Company acknowledges and agrees that it is releasing unknown claims and waives all rights that it may have under Civil Code Section 1542 or under any federalother statute or common law principle of similar effect. (c) The Company represents and warrants that it has not filed any complaints or charges asserting any Company Claims against the Shotxxxx Xxxeasees with any local, state or local lawfederal agency or court. The Company further represents and warrants that it has not assigned or transferred to any person or entity any Company Claims or any part or portion thereof. 4 Ms. Xxxxx X. Xxxxxxxx August 26, and 1999 Page 4 (d) The Company agrees that it will not hereafter pursue any Company Claim against any Shotxxxx Xxxeasee by filing a lawsuit in any local, state or federal court for or on account of any other known or unknown claims anything which has occurred up to the present time as a result of your employment to the extent set forth in contract, tort or common law, including, but not limited to, actions for libel, slander, defamation or small claims accruing through the date of its signing of this AgreementSubparagraph 5(a) above; provided, however, that nothing in this waiver does not apply Section 5 shall be deemed to release you from any claims or rights that accrue after the date the Company signs may have (i) under this Agreement or (ii) for claims to enforce the terms of this Agreement brought not otherwise released by the CompanySection 5(a) above.

Release by the Company. The Company warrants and represents that it the Operating Partnership, on behalf of themselves and their successors and assigns, hereby irrevocably, unconditionally and forever release and discharge McCreary and his affxxxxxxx, heirs, executors, administrators, counsel, successors and assigns from and against any and all complaints, claims, demands, damages, lawsuits, actions, causes of action, obligations and liabilities whatsoever, whether absolute or contingent, which the Company or the Operating Partnership has no knowledge, at or may have against McCreary for acts taxxx xx xim within the time scope of the signing of this Agreement, that Mr. Olvey has participated xx xxxxxxd in any type of misconduct, malfeasance, violation his employment as an officer and employee of the Company's policies or illegal acts. Mr. Olvey warrants ; provided, however, that it is expressly agreed and repxxxxxxx xx understood that the release provided by the Company that he has not participated and the Operating Partnership in this Section 9 shall only release any such complaints, claims, demands, damages, lawsuits, actions, causes of action and liabilities of which one or engaged in any type of misconduct, malfeasance, violation more members of the Company's policies Companys Board of Trustees (excluding McCreary) has or illegal acts. In reliance havx xxxxxxdge, or, which, through the exercise of reasonable care, should have had knowledge, on these warranties and representations by Mr. Olvey, the Company agrexx xx, xy the signing date of this Agreement and its acceptance of Mr. Olvey's representationxshall not waive or release any other complaints, xxxxxxxxsclaims, releasesdemands, and waivers provided by Mr. Olvey hereunder, irrevxxxxxx xxd unconditionally release Mr. Olvey from all damages, xxxxxxxlawsuits, lawsuits actions, causes of action and liabilities or claims the Company may have, whether based on contract, tort, statute, or common law, arising that result from his employment with the Company and/or the conclusion of that employment, or from his service as a director and officer any breach by McCreary of the Company and each subsidiary thereof, termx xx xxxs Agreement (including, but not limited to, a release any representation, warranty, covenant or agreement made by him in this Agreement) or any breach by McCreary of Section 0 xx xxx Employment Agreement, of the share option agreements described in Section 4 hereof or of the agreements listed in Section 7 hereof. The Company and the Operating Partnership shall not sue or otherwise insxxxute or cause to be instituted or in any way voluntarily participate in the prosecution of any complaints against McCreary released in xxxx Xxction 9 in any federal, state, District of Columbia or other court, administrative agency or other forum concerning any claims released in this Section 9, except as required by law. The Company and the Operating Partnership irrevocably and unconditionally waive any and all rights to recover any relief and damages concerning any claims that are released in this Section 9. The Company and the Operating Partnership represent and warrant that they have not previously filed or joined in any such claims or lawsuits against McCreary or any of txx xxxxx persons or entities released in this Section 9, and that the Company may and the Operating Partnership have under applicable lawnot given or sold any portion of any claims released in this Section 9 to anyone else, or any other charges, complaintsand that the Company and the Operating Partnership will indemnify and hold harmless the persons and entities released in this Section 9 from all liabilities, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, suits, rights, demands, lossescosts, debts expenses and/or expenses (including attorneys' attorneys fees and costs actually incurred) incurred as a result of any nature, known such assignment or unknown, suspected or unsuspected which the Company may have under any federal, state or local law, and of any other known or unknown claims in contract, tort or common law, including, but not limited to, actions for libel, slander, defamation or small claims accruing through the date of its signing of this Agreement; provided, however, that this waiver does not apply to claims or rights that accrue after the date the Company signs this Agreement or claims to enforce the terms of this Agreement brought by the Companytransfer.

Release by the Company. The Company warrants In exchange for the consideration and represents that it has no knowledge, at the time of the signing of this Agreement, that Mr. Olvey has participated xx xxxxxxd in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. Mr. Olvey warrants and repxxxxxxx xx the Company that he has not participated or engaged in any type of misconduct, malfeasance, violation of the Company's policies or illegal acts. In reliance on these warranties and representations covenants provided by Mr. Olvey, the Company agrexx xx, xy the signing of you pursuant to this Agreement and its acceptance provided that this Agreement becomes effective the Company hereby generally and completely releases you from any and all claims, liabilities and obligations, both known and unknown, that arise out of Mr. Olvey's representationxor are in any way related to events, xxxxxxxxsacts, releasesconduct, and waivers or omissions occurring prior to the date upon which the Company signs this Agreement. This general release includes, but is not limited to: (1) all claims arising from or in any way related to your relationship with, engagement by, or services provided by Mr. Olvey hereunder, irrevxxxxxx xxd unconditionally release Mr. Olvey from you to the Releasees or any of them; (2) all damages, xxxxxxx, lawsuits claims for breach of contract or any other agreement or arrangement between you and the Releasees or any of them; (3) all claims the Company may have, whether based on contract, tort, statute, or common law, arising from his or in any way related to your employment with the Company and/or Releasees or any of them or the conclusion resignation of that employment, ; (4) all claims related to your compensation or benefits from his service as a director and officer the Releasees or any of the Company and each subsidiary thereofthem, including, but not limited to, a release of any rights or claims the Company may have under applicable lawsalary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other chargesownership interests in the Releasees or any of them; (5) all claims for breach of contract, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, suits, rights, demands, losses, debts and/or expenses (including attorneys' fees and costs actually incurred) of any nature, known or unknown, suspected or unsuspected which the Company may have under any federal, state or local lawwrongful termination, and breach of any other known or unknown claims in contract, the implied covenant of good faith and fair dealing; (5) all tort or common lawclaims, including, but not limited to, actions claims for libelfraud, slandermisrepresentation, defamation and defamation; and (6) all federal, state, and local statutory claims,. a. Civil Code Section 1542 waiver. The Company also acknowledges that it has read and understands Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or small releasing party does not know or suspect to exist in his or her favor at the time of executing the release ad that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The Company You hereby expressly waives and relinquishes all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims accruing through it may have against you. b. Claims excluded from the date Release. The claims described above that the Company is releasing do not include: (1) any rights which cannot be waived as a matter of its signing law; and (2) any claims arising from breach of this Agreement; provided. Nothing in this Agreement prevents the Company from filing a charge or complaint with the Equal Employment Opportunity Commission, howeverthe National Labor Relations Board, that this waiver the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (collectively, the “Government Agencies”). This Agreement does not apply to claims or rights that accrue after the date the Company signs this Agreement or claims to enforce the terms of this Agreement brought by limit the Company’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to you.