Common use of Release of Lender Clause in Contracts

Release of Lender. Notwithstanding any other provision of any Loan Document, Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the Advances.

Release of Lender. Notwithstanding any other provision As additional consideration for the agreements of any Loan DocumentLender herein set forth, Borrower voluntarilyBorrower, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itselfitself and its heirs, its managerssuccessors, membersassigns, directorsadministrators, officerspersonal representatives, employeesexecutors, stockholders, Affiliatesgeneral and limited partners, agents, representatives, accountants, attorneys, successors contractors, affiliates and assigns employees, and their the officers, directors and shareholders of its respective Affiliates partners, and the guarantors (collectively, the “Releasing Parties”), (i) hereby fully release, remise and completely releases discharge Lender, and forever discharges the Indemnified Persons each of Lender’s subsidiaries, divisions, affiliate corporations, trustees, beneficiaries, officers, directors, agents, employees, servants, successors, attorneys and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom assigns (collectively, with the Indemnified Persons, the “Released Parties”), of ) from and from against any and all actionsclaims, demands, debts, liabilities, contracts, obligations, accounts, causes of actionaction or claims for relief of whatever kind or nature, damageswhether known or unknown, claimssuspected or unsuspected by Releasing Parties, obligationspast, liabilitiespresent or future, costswhich arise from or by reason of, expenses and demands or are in any way connected with any agreements, transactions, occurrences, conduct, acts or omissions of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, whatsoever, commence, done or occurred at any time in respect of (a) the Loan, (b) the Loan Documents and the obligations evidenced thereby, including, without implied limitation, the terms thereof, (c) any notices of default or sale in reference to the existing Loan Documents or any other matter pertaining to the collection or enforcement by Lender of the Loan or recourse to collateral or security thereof by Lender, (d) any alleged oral or written agreements or understandings by and between Releasing Parties and Released Parties in any way arising out of or related to the Loan, the Loan Documents, the Project, the Property or the indebtedness or any amendments, modifications, representations or warranties in relation thereto, or (e) the disbursement, administration and modification of the Loan and the Loan Documents. Releasing Parties further agree to refrain and forbear from commencing, instituting or participating in, either as a named or unnamed party, any lawsuit, action or other proceedings against Released Parties, or any of them which is in any way connected with, based upon, related to or arising out of, directly or indirectly, the matters released herein. Releasing Parties acknowledge and agree that the Loan Documents continue and remain in full force and effect without waiver, modification or amendment other than as expressly set forth in this Agreement. Irrespective of whether this Loan Agreement is governed by California law, Releasing Parties, by placing their initials in the spaces provided herein hereby knowingly and voluntarily expressly waive and relinquish any and all actionsrights, causes if any, conferred upon them by the provisions of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any Section 1542 of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges that the foregoing California Civil Code, which reads: A general release is a material inducement to Lender’s decision to does not extend to Borrower claims which the financial accommodations hereunder and will be relied upon creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by Lender in making him or her must have materially affected his settlement with the Advances.debtor. Initials: Initials:

Release of Lender. Notwithstanding any For and in consideration of the Loan and each advance or other provision of any Loan Documentfinancial accommodation hereunder, Borrower voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its managerssuccessors, membersassigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors shareholders and assigns and their respective Affiliates agents (collectively, hereinafter called the “Releasing Lender Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person person, firm, business, corporation, insurer, or insurer which association that may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown (“Claims”) that any of the Releasing Parties has against (or any of them) have or may have, against the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any them (whether directly or indirectly); provided, however, no Released Party shall be released for Claims arising from such Released Party’s gross negligence or willful misconduct as determined as a final judgment by a court of the Released Parties as of the date of each such Advancecompetent jurisdiction. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in agreeing to make the Loan and in making the Advanceseach advance of Loan proceeds hereunder.

Release of Lender. Notwithstanding any other provision of any Loan DocumentParties hereby release, Borrower voluntarilyremise, knowinglyacquit and forever discharge Lender, unconditionally and irrevocably, together with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, respective agents, representatives, accountantsconsultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns assigns, employees, subsidiary entities, parent entities, and their respective Affiliates related business divisions, past and present (collectively, the “Releasing Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any all of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, foregoing hereinafter called the “Released Parties”), of and from any and all actions, actions and causes of action, damagesjudgments, executions, suits, debts, claims, obligationsdemands, liabilities, costsobligations, damages and expenses and demands of any kind whatsoeverand every character, known or unknown, direct and/or indirect, at law or in equity, matured of whatsoever kind or unmaturednature, vested whether heretofore or contingenthereafter accruing, that for or because of any of the Releasing Parties has against matter or things done, omitted or suffered to be done by any of the Released Parties as of prior to and including the date hereof, and in any way directly or indirectly arising out of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equityany way connected to this Agreement or any Loan Document, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any transactions associated therewith, or the Property, including specifically but not limited to claims of the Released Parties as usury, lack of the date of each such Advanceconsideration, fraudulent conveyance and lender liability. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the AdvancesTHE FOREGOING RELEASE INCLUDES ACTIONS AND CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES ARISING AS A RESULT OF THE NEGLIGENCE (BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH RELEASED PARTY) OF ONE OR MORE OF THE RELEASED PARTIES.

Release of Lender. Notwithstanding Original Borrower, Interim Pledgor and Interim Guarantor hereby release, acquit, and forever discharge (i) Lender, (ii) any servicer, sub-servicer, collateral manager and/or trustee in connection with the Loan and/or any collateralized debt obligations issued in connection with or secured (in whole or in part) by the Loan and (iii) each and every past, present and future subsidiary, affiliate, joint venture of Lender and all partners, members and joint venturers and other provision equity holders of any Loan Documentof the foregoing (whether affiliated or non-affiliated with Lender), Borrower voluntarilytogether with all stockholders, knowinglyofficers, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, memberstrustees, directors, officersagents, servants, employees, stockholdersrepresentatives and attorneys of any of the foregoing (all of the aforesaid persons and entities listed in (i), Affiliates, agents, representatives, accountants, attorneys, successors (ii) and assigns and their respective Affiliates (collectivelyiii), the “Releasing Lender Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actionsclaims, set-offs, counterclaims, causes of action, damagessuits, claimsdebts, liens, obligations, liabilities, costsdemands, losses, costs and expenses and demands (including reasonable attorneys’ fees) of any kind kind, character, or nature whatsoever, at law known or in equityunknown, matured or unmatured, vested fixed or contingent, that which Original Borrower, Interim Pledgor and/or Interim Guarantor may now or hereafter have or claim to have arising out of or connected with any act of commission or omission of any Lender Party including, without limitation, any claims, liabilities or obligations arising with respect to the Loan Agreement or the other of the Releasing Parties has against any Loan Documents. The provisions of this paragraph shall be binding upon Original Borrower, Interim Pledgor and Interim Guarantor and shall inure to the benefit of the Released Lender Parties as and each of the date of the Closing their heirs, executors, administrators, successors and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the Advancesassigns.

Release of Lender. Notwithstanding any other provision For and in consideration of any Loan Documentthe Loan, -------------------- Borrower voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its agents, attorneys, heirs, successors, and assigns (collectively the "Releasing Parties") does hereby fully and completely release, acquit and forever discharge Lender and its managerssuccessors, membersassigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors shareholders and assigns and their respective Affiliates agents (collectively, hereinafter called the “Releasing "Lender Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person person, firm, business, corporation, insurer, or insurer association which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with collectively the Indemnified Persons, the “"Released Parties”"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that any of the Releasing Parties has against (or any of them) have, whether now or in the future, (whether directly or indirectly) against the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advancethem. The Borrower acknowledges that the provision by it of the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in making agreeing to make the AdvancesLoan.

Release of Lender. Notwithstanding any other provision of any Loan Document, each Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing Closing, except in the event such liability is attributable to the fraud, bad faith, gross negligence or willful misconduct of a Released Party as determined by a final, nonappealable judgment by a court of competent jurisdiction, and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance, except in the event such liability is attributable to the fraud, bad faith, gross negligence or willful misconduct of a Released Party as determined by a final, nonappealable judgment by a court of competent jurisdiction. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower Borrowers the financial accommodations hereunder and will be relied upon by Lender in making the Advances.

Release of Lender. Notwithstanding any other provision For and in consideration of any Loan Documentthe Loan, Borrower Borrower, voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its agents, attorneys, heirs, successors, and assigns (collectively the "Releasing Parties") does hereby, except to the extent of Lender Parties or Released Parties negligence or willful misconduct, or failure to act in a commercially reasonable fashion, fully and completely release, acquit and forever discharge Lender, and its managerssuccessors, membersassigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors shareholders and assigns and their respective Affiliates agents (collectively, hereinafter called the “Releasing "Lender Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons ; and any other Person person, firm, business, corporation, insurer, or insurer association which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with collectively the Indemnified Persons, the “{"Released Parties”"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that any of the Releasing Parties has against (or any of them) have, whether now or in the future, (whether directly or indirectly) against the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advancethem. The Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in making agreeing to make the AdvancesLoan.

Release of Lender. Notwithstanding any other provision of any Loan Document, Borrower Borrowers voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itselfthemselves, its their managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases release and forever discharges discharge the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases release and forever discharges discharge the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges Borrowers acknowledge that the foregoing release is a material inducement to Lender’s decision to extend to Borrower Borrowers the financial accommodations hereunder and will be relied upon by Lender in making the Advances.

Release of Lender. Notwithstanding any other provision of any Loan Document, Borrower Borrowers voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itselfthemselves, its their managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases release and forever discharges discharge the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases release and forever discharges discharge the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges Borrowers acknowledge that the foregoing release is a material inducement to Lender’s decision to extend to Borrower Borrowers the financial accommodations hereunder and will be relied upon by Lender in making the Advances.. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]

Release of Lender. Notwithstanding any other provision of any Loan Document, Borrower each Borrower, each Guarantor and each Subsidiary voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its it managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “"Releasing Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons Parties and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsParties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified PersonsParties, the “161 "Released Parties”"), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing Closing. Each Borrower, each Guarantor and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower Subsidiary acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in making agreeing to make the AdvancesLoans.

Release of Lender. Notwithstanding Borrower hereby releases, waives and forever relinquishes all claims, counterclaims, demands, obligations, liabilities and causes of action of whatever kind or nature, whether known or unknown, including any other provision of any Loan Documentso-called “lender liability” claims or defenses which it has, Borrower voluntarilymay have, knowinglyor might assert now or in the future against the Lender and/or its affiliates, unconditionally and irrevocablypredecessors in interest, with specific and express intentparticipants, for and on behalf of itself, its managers, membersofficers, directors, officers, employees, stockholders, Affiliates, agents, representativesattorneys, accountants, attorneysconsultants, successors or assigns (individually, a “Releasee” and assigns and their respective Affiliates (collectively, the “Releasing PartiesReleasees”), directly or indirectly, arising out of, based upon, or in any manner connected with (i) hereby fully and completely releases and forever discharges any transaction, event circumstance, action, omission, failure to act or occurrence of any sort or type, whether known or unknown, which occurred, existed, or was taken or permitted prior to the Indemnified Persons and execution of this Amendment with respect to the Obligations, the Loan Documents, or the administration thereof (ii) any other Person discussions, commitments, negotiations, conversations or insurer which may be responsible communications, whether orally or liable for evidenced by a writing of any sort prior to the acts execution of this Amendment with respect to the Obligations, the collateral, or omissions the general business operations of the Borrower, or (iii) any thing or matter related to any of the Indemnified Personsforegoing prior to the execution of this Amendment. The Borrower acknowledges and agrees that the inclusion of this paragraph in this Amendment and the execution of this Amendment by the Lender do not constitute an acknowledgment or admission by the Lender of liability for any matter, or who a precedent upon which any liability may be liable for asserted. If the injury Borrower asserts or damage resulting therefrom commences any claim, counter-claim, demand, obligation, liability or cause of action in derogation of the foregoing release or challenges the enforceability of the foregoing release (collectivelyin each case, with the Indemnified Persons, the a “Released PartiesViolation”), then the Borrower agrees to pay in addition to such other damages as any Releasee may sustain as a result of such Violation, all reasonable attorneys’ fees and from any and all actionsexpenses, causes whether incurred by in-house or outside counsel, incurred by such Releasee as a result of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such AdvanceViolation. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the Advances.1462637.6

Release of Lender. Notwithstanding any other provision of any Loan Document, each Borrower voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower Borrowers the financial accommodations hereunder and will be relied upon by Lender in making the Advances.

Release of Lender. Notwithstanding any For and in consideration of the Loans and each advance or other provision of any Loan Documentfinancial accommodation hereunder, Borrower each Borrower, voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its agents, attorneys, heirs, successors, and assigns (collectively the “Releasing Parties”) does hereby fully and completely release, acquit and forever discharge Lender, and its managerssuccessors, membersassigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors shareholders and assigns and their respective Affiliates agents (collectively, hereinafter called the “Releasing Lender Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person person, firm, business, corporation, insurer, or insurer association which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, collectively the “Released Parties”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that any of the Releasing Parties has against (or any of them) have or may have, against the Released Parties as or any of them (whether directly or indirectly) based upon any fact, event or circumstance which existed or occurred on or prior to the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advancethis Agreement. Each Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in agreeing to make the Loans and in making the Advanceseach advance of Loans proceeds hereunder.

Release of Lender. Notwithstanding any other provision For and in consideration of any Loan Documentthe Loan, Borrower Borrower, voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its agents, attorneys, heirs, successors, and assigns (collectively the "Releasing Parties") does hereby fully and completely release, acquit and forever discharge Lender, and its managerssuccessors, membersassigns, heirs, affiliates, subsidiaries, parent companies, principals, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors shareholders and assigns and their respective Affiliates agents (collectively, hereinafter called the “Releasing "Lender Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons ; and any other Person person, firm, business, corporation, insurer, or insurer association which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with collectively the Indemnified Persons, the “{"Released Parties”"), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, choate or inchoate, known or unknown that any of the Releasing Parties has (or axx xx them) now have (whether directly or indirectly) against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advancethem. The Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in making agreeing to make the AdvancesLoan.

Release of Lender. Notwithstanding any other provision of any Loan DocumentParties hereby release, Borrower voluntarilyremise, knowinglyacquit and forever discharge Lender, unconditionally and irrevocably, together with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountantsconsultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and assigns assigns, subsidiary corporations, parent corporations, and their respective Affiliates related corporate divisions (collectively, all of the “Releasing foregoing hereinafter called the "Released Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actions, actions and causes of action, damagesjudgments, executions, suits, debts, claims, obligationsdemands, liabilities, costsobligations, damages and expenses and demands of any kind whatsoeverand every character, known or unknown, direct and/or indirect, at law or in equity, matured of whatsoever kind or unmaturednature, vested whether heretofore or contingenthereafter accruing, that for or because of any of the Releasing Parties has against matter or things done, omitted or suffered to be done by any of the Released Parties as prior to and including the Effective Date, and in any way directly or indirectly arising out of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured any way connected to this Agreement or unmatured, vested or contingent, that any of the Releasing Parties has against Loan Documents, or any of the Released Parties as transactions associated therewith, or the Mortgaged Property, including specifically but not limited to claims of the date usury, lack of each such Advanceconsideration, fraudulent conveyance and lender liability. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the AdvancesTHE FOREGOING RELEASE INCLUDES ACTIONS AND CAUSES OF ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES ARISING AS A RESULT OF THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.

Release of Lender. Notwithstanding any other provision For and in consideration of any Loan Documentthis ----------------- Agreement, Borrower Borrower, voluntarily, knowingly, unconditionally unconditionally, and irrevocably, with specific and express intent, for and on behalf of itselfitself and its shareholders, employees, officers, directors, Affiliates, agents, attorneys, successors, and assigns (collectively the "Releasing Parties"), does hereby fully and completely release, acquit and forever discharge Lender, and its managers, membersAffiliates, directors, officers, employees, stockholders, Affiliatesshareholders, agents, representatives, accountants, attorneys, successors successors, and assigns and their respective Affiliates (collectively, hereinafter called the “Releasing "Lender Parties”"), (i) hereby fully and completely releases and forever discharges the Indemnified Persons ; and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified PersonsLender Parties, or who may be liable for the injury or damage resulting therefrom (collectively, with collectively the Indemnified Persons, the “"Released Parties”"), of and from any and all --- --- actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, xxxxxx or inchoate, known or unknown that any of the Releasing Parties has against (or any of them) now have (whether directly or indirectly) against the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advancethem. The Borrower acknowledges that the foregoing release is a material inducement to Lender’s 's decision to extend to Borrower the financial accommodations hereunder and will be has been relied upon by Lender in making agreeing to make the AdvancesDIP Loan.

Release of Lender. Notwithstanding any other provision of any Loan Document, Borrower each Loan Party voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, members, directors, officers, employees, stockholders, Affiliates, agents, representatives, accountants, attorneys, successors and assigns and their respective Affiliates (collectively, the “Releasing Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons Parties and any other Person or insurer which Insurer that may be responsible or liable for the acts or omissions of any of the Indemnified PersonsParties, or who may be liable for the injury or damage resulting therefrom from such acts or omissions (collectively, with the Indemnified PersonsParties, the “Released Parties”), of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of the Closing and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such AdvanceClosing. Borrower Each Loan Party acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower such Loan Party the financial accommodations hereunder under this Loan Agreement and will be has been relied upon by Lender in making agreeing to make the AdvancesLoan. Each Loan Party further specifically waives any rights that it may have under Section 1542 of the California Civil Code (to the extent applicable), 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,” and further waives any similar rights under applicable laws.

Release of Lender. Notwithstanding Interim Borrower, Interim Pledgor and Interim Guarantor hereby release, acquit, and forever discharge (i) Lender, (ii) any servicer, sub-servicer, collateral manager and/or trustee in connection with the Loan and/or any collateralized debt obligations issued in connection with or secured (in whole or in part) by the Loan and (iii) each and every past, present and future subsidiary, affiliate, joint venture of Lender and all partners, members and joint venturers and other provision equity holders of any Loan Documentof the foregoing (whether affiliated or non-affiliated with Lender), Borrower voluntarilytogether with all stockholders, knowinglyofficers, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself, its managers, memberstrustees, directors, officersagents, servants, employees, stockholdersrepresentatives and attorneys of any of the foregoing (all of the aforesaid persons and entities listed in (i), Affiliates, agents, representatives, accountants, attorneys, successors (ii) and assigns and their respective Affiliates (collectivelyiii), the “Releasing Lender Parties”), (i) hereby fully and completely releases and forever discharges the Indemnified Persons and any other Person or insurer which may be responsible or liable for the acts or omissions of any of the Indemnified Persons, or who may be liable for the injury or damage resulting therefrom (collectively, with the Indemnified Persons, the “Released Parties”), of and from any and all actionsclaims, set-offs, counterclaims, causes of action, damagessuits, claimsdebts, liens, obligations, liabilities, costsdemands, losses, costs and expenses and demands (including reasonable attorneys’ fees) of any kind kind, character, or nature whatsoever, at law known or in equityunknown, matured or unmatured, vested fixed or contingent, that which Interim Borrower, Interim Pledgor and/or Interim Guarantor may now or hereafter have or claim to have arising out of or connected with any act of commission or omission of any Lender Party including, without limitation, any claims, liabilities or obligations arising with respect to the Loan Agreement or the other of the Releasing Parties has against any Loan Documents. The provisions of this paragraph shall be binding upon Interim Borrower, Interim Pledgor and Interim Guarantor and shall inure to the benefit of the Released Lender Parties as and each of the date of the Closing their heirs, executors, administrators, successors and (ii) by acceptance of each Advance hereunder fully and completely releases and forever discharges the Released Parties, of and from any and all actions, causes of action, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, matured or unmatured, vested or contingent, that any of the Releasing Parties has against any of the Released Parties as of the date of each such Advance. Borrower acknowledges that the foregoing release is a material inducement to Lender’s decision to extend to Borrower the financial accommodations hereunder and will be relied upon by Lender in making the Advancesassigns.