Release of Existing Claims a. Except with respect to the terms and conditions contained in this Agreement, the parties hereto and all of their directors, officers, shareholders, partners, heirs, employees, servants, parents, subsidiaries, affiliates, attorneys, insurers, assigns, successors, family members, agents and representatives, past and present, and each of them, and all the respective successors, assigns, heirs, executors, administrators and any legal personal representatives of each of the foregoing, and each of them, hereby release, remise, acquit and forever discharge each other, and all of the foregoing, from any and all claims, demands, actions, causes of action, debts, liabilities, rights, contracts, obligations, duties, damages, costs, expenses or losses, of every kind and nature whatsoever, and by whomever asserted, whether at this time known or suspected, or unknown or unsuspected, anticipated or contingent, direct or indirect, fixed or contingent, which may presently exist or which may hereafter become known, in law or in equity, in the nature of an administrative proceeding or otherwise, for or by reason of any event, transaction, matter or cause whatsoever, from the beginning of time until the date of the execution of this Agreement by the Company, excepting however, that the Company reserves its rights against Dealer for payment with respect to Products previously invoiced to Dealer, and Dealer reserves its rights against the Company only for accounting matters previously arising either out of returns of Products to the Company or for accruals for co-operative advertising, if applicable.
Release of Existing Claims. Rackspace hereby releases any and all presently existing claims of every kind or character which Rackspace has or may have under or pursuant to this Agreement against County its appointed or elected officials, members, agents, employees, officers, directors and representatives, individually and collectively.
Release of Existing Claims. (a) Except as provided in Section 5.1(c), effective as of the date hereof, Net2Phone does hereby, for itself, its respective Affiliates (other than any member of the IDT Group), successors and assigns, and all Persons who at any time prior to the date hereof have been stockholders, directors, officers, agents or employees of any member of the Net2Phone Group (in each case, in their respective capacities as such), remise, release and forever discharge each of IDT, its respective Affiliates (other than any member of the Net2Phone Group), successors and assigns, and all prior, current or future stockholders, directors, officers, agents or employees of IDT (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity (including any right of contribution), whether arising under any contract or agreement, by operation of law or otherwise, existing or arising from all acts and events occurring or failing to occur or alleged to have occurred or to have failed to occur and all conditions existing or alleged to have existed on or before the date hereof between Net2Phone and IDT (including any contractual arrangements or arrangements existing or alleged to exist between them on or before the date hereof).
Release of Existing Claims. Employee represents that he has no claims, charges, or causes of action presently accrued or pending against Employer and if any such claims or causes of action exist, Employee, in consideration of his employment, hereby releases Employer, its employees, agents, successors and assigns, from any and all such claims.
Release of Existing Claims. Each party hereto, on behalf of itself, its Affiliates and Subsidiaries (and each of their respective Representatives), including any successors and assigns of the foregoing (in such capacity, the “Releasing Parties”), hereby generally, completely and irrevocably releases and discharges each other party hereto and all of such other party’s Affiliates and Subsidiaries (and each of their respective Representatives), including any successors and assigns of the foregoing (in such capacity, the “Released Parties”), of and from any and all claims, demands, debts, liabilities, contracts, obligations, accounts, suits, torts, causes of action, Disputes, or claims for relief of whatever kind or nature (other than Third Party claims) solely to the extent arising out of facts, circumstances or occurrences which were known or reasonably should have been known to the Releasing Parties, both at law and equity, which the Releasing Parties ever had, now has, or may have (including attorneys’ fees and costs incurred) relating to, resulting from or arising out of the Released Parties’ breach of any representations, warranties or covenants under the September 0000 XXX or the April 2010 MSA; provided, that, this Section 1.28 shall not apply with respect to (i) any rights that cannot be waived under applicable Legal Requirements, (ii) the continuation on or after the Effective Date of any act or omission that commenced prior to the Effective Date, to the extent that such continuation of such act or omission following the Effective Date constitutes a breach of any representations, warranties or covenants under this Master Agreement, or (iii) any act or omission that commenced following the Effective Date which results in a breach of any representations, warranties or covenants under this Master Agreement. The Releasing Parties represent and warrant that they are respectively the sole and lawful owners of, and have not assigned or transferred to any Third Party, all rights, title and interest in and to all released matters referred to in this Section 1.28.
Release of Existing Claims. Rackspace and the Developer hereby release any and all presently existing claims of every kind or character which Rackspace or the Developer has or may have under or pursuant to this Agreement against the Government Entities, their appointed or elected officials, members, agents, employees, officers, directors and representatives, individually and collectively. WHEREFORE, the Parties hereto have executed this Agreement and, as of the Effective Date, have agreed to the terms and conditions stated above that apply to them. COUNTY OF BEXAR By: /s/ XXXXXX X. XXXXX XXXXXX X. XXXXX, Country Judge ATTEST: /s/ XXXXXX XXXXXXXX XXXXXX XXXXXXXX County Clerk APPROVED AS TO LEGAL FORM: XXXXX X. XXXX Criminal District Attorney Bexar County, Texas By: /s/ XXXXX XXXXXXXX XXXXX XXXXXXXX, Assistant Criminal District Attorney Civil Section APPROVED AS TO FINANCIAL CONTENT: /s/ XXXXX X. XXXXXXXX XXXXX X. XXXXXXXX, County Auditor /s/ XXXXX XXXXX XXXXX XXXXX, Executive Director of Planning/Budget Officer Planning And Resource Management Dept. APPROVED: /s/ XXXXX XXXXXXX XXXXX XXXXXXX, Executive Director of Economic Development XXXX XX XXX XXXXXXX, XXXXX By: /s/ Xxxxxx X. Xxxxxxx Name: Xxxxxx X. Xxxxxxx Title: City Manager ATTESTED TO BY: /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx, City Clerk APPROVED AS TO FORM: /s/ Xxxxxxx X. Xxxxxxx Xxxxxxx X. Xxxxxxx, City Attorney City of Xxx Xxxxxxx XXXX XX XXXXXXXXX, XXXXX By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Mayor By: /s/ F. Xxxxxx Xxxx Name: F. Xxxxxx Xxxx Title: City Administrator APPROVED AS TO FORM: /s/ Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx, Special Counsel City of Windcrest WINDCREST ECONOMIC DEVELOPMENT CORPORATION By: /s/ F. Xxxxxx Xxxx Name: F. Xxxxxx Xxxx Title: Duly Authorized Representative RACKSPACE US, INC. By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Executive Chairman EXHIBIT A Leased Property Legal Description EXHIBIT A BEGINNING at a 3/4” Iron rod found in the east line of Interstate Highway (IH) 35/ Loop 410 (R.O.W. Varies), also being the southwest corner of said Lot 44, and being the northwest corner of Lot 36, of the Replat of Toys “R” Us Subdivision recorded in Volume 9520, Page 187, (D.P.R.B.C.T.), for the southwest corner and POINT OF BEGINNING hereof, from which a 4” Texas Department of Transportation (TXDOT) brass disk monument found in the east line of said IH 35/ Loop 410 at station 1882+00 and offset right 213.20’, bears S09°56’l8”W, a distance of 454.36 feet; THENCE, with the east line of said IH 35/ Loop...
Release of Existing Claims. (a) Except as provided in Section 5.1(c), effective as of the date hereof, Metar does hereby, for itself, its respective Affiliates, successors and assigns, and all Persons who at any time prior to the date hereof have been stockholders, directors, officers, agents or employees of Metar (in each case, in their respective capacities as such), remise, release and forever discharge each of Path 1, its respective Affiliates (other than any member of the Metar Group), successors and assigns, and all prior, current or future stockholders, directors, officers, agents or employees of Path 1 (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity (including any right of contribution), whether arising under any contract or agreement, by operation of law or otherwise, existing or arising from all acts and events occurring or failing to occur or alleged to have occurred or to have failed to occur and all conditions existing or alleged to have existed on or before the date hereof between Sistolic and/or Metar, on the one hand, and Path 1, on the other hand (including any contractual arrangements or arrangements existing or alleged to exist between them on or before the date hereof).
Release of Existing Claims. Each of Net Radio and Navarre hereby release all rights, claims and actions they and their successors have or may have against the other party, and hereby discharge all liabilities between the parties, relating to or arising from all acts and events occurring or failing to occur or alleged to have occurred or to have failed to occur and all conditions existing or alleged to have existed on or before the Closing Date between Navarre and Net Radio (including any contractual agreements or arrangements existing or alleged to exist between Navarre and Net Radio or before the Closing Date).
Release of Existing Claims. Concurrent with the execution of this Lease, Landlord and Tenant have terminated that certain Contract of Sale dated November 21, 2019 (as amended, the “Existing Agreement”) relating to the Leased Premises, and Tenant shall cause all deposits held under the Existing Agreement to be paid to Landlord as base rent described in Section 3 above. In conjunction therewith, Landlord and Tenant hereby acknowledge and agree to mutually release any and all claims that have arisen, or may arise, against one another relating to the Existing Agreement.
Release of Existing Claims. (a) Except as provided in Section 6.1(c), effective as of the Distribution Date, the Interactive Companies (as hereinafter defined) do hereby, for themselves, their respective Affiliates other than the Xxxxxx Companies), successors and assigns, and all Persons (as hereinafter defined) who at any time prior to the date hereof have been stockholders, directors, officers, agents or employees of the Interactive Companies (in each case, in their respective capacities as such), remise, release and forever discharge each of the Xxxxxx Companies, their respective Affiliates (other than the Interactive Companies), successors and assigns, and all prior, current or future stockholders, directors, officers, agents or employees of the Xxxxxx Companies (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity (including any right of contribution), whether arising under any contract or agreement, by operation of law or otherwise, existing or arising from all acts and events occurring or failing to occur or alleged to have occurred or to have failed to occur and all conditions existing or alleged to have existed on or before the Distribution Date between the Interactive Companies and the Xxxxxx Companies (including any contractual arrangements or arrangements existing or alleged to exist between them on or before the Distribution Date).
