Common use of Release by the Company Clause in Contracts

Release by the Company. In consideration of the Employee entering into this Agreement, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "Releasing Company Parties"), knowingly and voluntarily releases and discharges the Employee, and each of the Employee's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "Released Employee Parties"), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Employee's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Rights Agreement, or (v) the Company's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vi) the Company's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of The Company and the Employee entering into this Agreement, the CompanyOperating Partnership, on behalf of itself themselves and its subsidiariestheir successors and assigns, hereby irrevocably, unconditionally and forever release and discharge Romanov and his affiliates, heirs, executors, administrators, counsel, successors and assigns (collectively, the "Releasing Company Parties"), knowingly from and voluntarily releases and discharges the Employee, and each of the Employee's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "Released Employee Parties"), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any and all complaints, claims, demands, damages, lawsuits, actions, causes of the Released Employee Partiesaction, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing obligations and liabilities whatsoever, whether absolute or not related to or arising out of the Employee's employment with contingent, which the Company or the termination thereof. Notwithstanding Operating Partnership has or may have against Romanov for acts taken by him within the foregoingscope of his employment as an officer and employee of the Company; provided, however, that it is expressly agreed and understood that the release provided by the Company and the Operating Partnership in this Section 10 shall only release shall not extend to any such complaints, claims, demands, damages, lawsuits, actions, causes of action and liabilities of which one or discharge (i) more members of the Company's right to enforce the terms and conditions Board of this Agreement, or Trustees (iiexcluding Romanov) any rights or claims that might arise after the Effective Date, or (iii) and/or the Company's right to enforce Chief Financial Officer has or have knowledge, or, which, through the exercise of reasonable care, should have had knowledge, on the date of this Agreement and shall not waive or release any other complaints, claims, demands, damages, lawsuits, actions, causes of action and liabilities or that result from any breach by Romanov of the terms and conditions of this Agreement (including, but not limited to, any representation, warranty, covenant or agreement made by him in this Agreement) or any breach by Romanov of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Rights Agreement, or (v) the Company's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vi) the Company's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preservedagreements listed in Section 8 hereof. The Company represents and warrants that it currently knows the Operating Partnership shall not xxx or otherwise institute or cause to be instituted or in any way voluntarily participate in the prosecution of no basis for any complaints against Romanov released in this Section 10 in any federal, state, District of Columbia or other court, administrative agency or other forum concerning any claims released in this Section 10, except as required by it 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 10. The Company and the Operating Partnership represent and warrant that they have not previously filed or joined in any such claims or lawsuits against Romanov or any Released Employee Partyof the other persons or entities released in this Section 10, and that neither the Company nor and the Operating Partnership have not given or sold any portion of any claims released in this Section 10 to anyone acting on its behalf has filed else, and that the Company and the Operating Partnership will indemnify and hold harmless the persons and entities released in this Section 10 from all liabilities, claims, demands, costs, expenses and/or attorneys' fees incurred as a result of any claim, action, suit, complaint such assignment or proceeding against any Released Employee Party in any agency, court or other forum or tribunaltransfer.

Release by the Company. In consideration of the Employee Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "“Releasing Company Parties"”), knowingly and voluntarily releases and discharges the EmployeeExecutive, and each of the Employee's Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "“Released Employee Executive Parties"”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Employee's Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's ’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's ’s right to enforce the terms and conditions of the Proprietary Rights Information Agreement, or (viv) the Company's ’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (viv) the Company's ’s right to collect any applicable federal, state or local withholding taxes that are required to be CONFIDENTIAL deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s right to enforce the terms and conditions of each agreement and plan governing the issuance of each stock option referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Employee Executive entering into this Agreement, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "“Releasing Company Parties"”), knowingly and voluntarily releases and discharges the EmployeeExecutive, and each of the Employee's Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "“Released Employee Executive Parties"”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Employee's Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's ’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's ’s right to enforce the terms and conditions of the Proprietary Rights Agreement, or (viv) the Company's ’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (viv) the Company's ’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Employee entering into this Agreement, the The Company, on behalf of itself and its parents, subsidiaries, affiliates and any other entity under common control or ownership with the Company, including each of their respective officers, directors, shareholders, partners, joint venturers, members, agents, attorneys, employees, representatives, successors and assigns, hereby fully and finally releases and forever discharges Zwebner and his agents, heirs, executors, administrators, successors, attorneys, representatives and assigns (collectively, the "Releasing Company Parties"), knowingly and voluntarily releases and discharges the Employee, and each of the Employee's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "Released Employee Parties"), from any claimand all claims, chargeknown or unknown, action based upon any act or cause of action that omission by any of the Releasing Released Parties occurring prior to and including the date of this Agreement, including but not limited to any claims arising out of or in connection with Zwebner's affiliation (either individually or through the consulting agreement with Overseas Communications Limited) and/or the termination of Zwebner's affiliation with the Company, and any claims of discrimination, wrongful discharge, breach of contract, tort and any other personal injury claims, and any claims that Zwebner violated any law and any claim for additional benefits, and specifically including any rights and claims relating to defamation, workers' compensation, intentional or negligent infliction of emotional distress, breach, of any covenant of good faith and fair dealing, negligence, commission, vacation pay, overtime pay, termination or severance pay, the proceeds of any insurance of disability plans, or any other fringe benefits of any kind whatsoever. Notwithstanding the foregoing, the Company shall not release any of the Released Parties may have for any claims, liabilities, damages or losses arising from any of the following: (i) fraud, embezzlement, misappropriation of funds or breach of trust by any of the Released Parties, or (ii) willful misconduct or gross negligence by any of the Released Parties in connection with the affiliation of the Released Parties with the Company. The Company covenants and agrees that, to the maximum extent permitted by applicable law, the Company will not xxx or file or institute or maintain any lawsuit, grievance or arbitration against any of the Released Employee PartiesParties with respect to any of the claims, whether known matters and issues covered by this release, under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act and/or any other regulation, under the common law of any province or unknownstate, or under any contract or any other theory of relief. Further, in any legally authorized action, the Company waives the right to any form of recovery, compensation or other remedy or relief of any kind. In the event that the Company violates any part of this paragraph, Zwebner shall be entitled to recover damages from the beginning Company, including but not limited to attorneys' fees and the costs of time through the Effective Date based upon defending such a suit or claim. This release does not apply to any act, fact, omission, matter, cause default under this Agreement or thing whatsoever, whether or not related to or arising out of the Employee's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's right any action to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Rights Agreement, or (v) the Company's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vi) the Company's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Employee Executive entering into this Agreement, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "Releasing Company Parties"), knowingly and voluntarily releases and discharges the EmployeeExecutive, and each of the EmployeeExecutive's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "Released Employee Executive Parties"), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the EmployeeExecutive's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Rights Agreement, or (v) the Company's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vi) the Company's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Employee Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "“Releasing Company Parties"”), knowingly and voluntarily releases and discharges the EmployeeExecutive, and each of the Employee's Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "“Released Employee Executive Parties"”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Employee's Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's ’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's ’s right to enforce the terms and conditions of the Proprietary Rights Information Agreement, or (viv) the Company's ’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (viv) the Company's ’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Employee Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the "“Releasing Company Parties"”), knowingly and voluntarily releases and discharges the EmployeeExecutive, and each of the Employee's Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the "“Released Employee Executive Parties"”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Employee Executive Parties, whether known or unknown, from the beginning of time through the Effective Date date of this Agreement based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Employee's Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company's ’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Datedate of this Agreement, or (iii) the Company's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's ’s right to enforce the terms and conditions of the Proprietary Rights Information Agreement, or (viv) the Company's ’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (viv) the Company's ’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s right to enforce the terms and conditions of each agreement and plan governing the issuance of each stock option referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Employee Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Employee Executive Party in any agency, court or other forum or tribunal.