Common use of Release of Tenant Clause in Contracts

Release of Tenant. Subject to the conditions subsequent set forth below in this Paragraph 3 and the provisions of this Agreement, including but not limited to Paragraph 9, (a) Landlord agrees to accept the surrender of the Lease and the Premises from and after the Effective Termination Date, and (b) effective as of the Effective Termination Date, Landlord waives, and releases and discharges Tenant and its past and present partners and affiliates, and their respective past and present trustees, members, principals, beneficiaries, shareholders, beneficial owners, partners, officers, directors, employees, mortgagee(s), managers, representatives and agents, and their respective successors and assigns (collectively, the “Tenant Parties”) from, any and all claims, demands or causes of action whatsoever, including, without limitation, any and all rights, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, debts, defenses, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing, or that could, might, or may be claimed to exist, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of any duty, or other legal or equitable theory of recovery, each as though fully set forth herein at length, arising or accruing out of or in connection with the Premises or the Lease. Notwithstanding the foregoing, nothing contained herein shall release the Tenant Parties from their respective obligations and agreements under this Agreement. Notwithstanding the foregoing, nothing contained herein shall release Tenant from its obligations under this Agreement.

Release of Tenant. Subject to Upon the conditions subsequent set forth below in this Paragraph 3 and the provisions of this Agreement, including but not limited to Paragraph 9, (a) Landlord agrees to accept the surrender termination of the Lease and the Premises from and after the Effective Termination Date, and (b) effective as of the Effective Termination Dateset forth above, Landlord waives(for itself and any other party that may claim through or under Landlord) agrees that, and releases and discharges Tenant and its past and present partners and affiliateswithout further acts, and their respective past and present trusteesTenant, memberstogether with Tenant's employees, principalsagents, beneficiariesrepresentatives, shareholdersconsultants, beneficial ownersattorneys, partnersfiduciaries, servants, officers, directors, employeespartners, mortgagee(s)predecessors, managers, representatives and agents, and their respective successors and assigns (collectively, the “"Tenant Released Parties”) from"), any shall be released and forever discharged from all claims, demands or causes of action whatsoeverReleased Matters, including, without limitation, any and all rightsReleased Matters that are known or unknown, obligationsdirect and/or indirect, liabilitiesexisting at law or in equity, indebtedness, breaches of contract, breaches of duty whatsoever kind or any relationship, acts, omissions, misfeasance, malfeasance, debts, defenses, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existinghereafter accuring, for or because of any matter or thing done, omitted, or that couldsuffered to be done by any of the Tenant Released Parties prior to and including the date of actual execution of this Agreement by Tenant and Landlord, mightINCLUDING ANY AND ALL CLAIMS BASED IN WHOLE OR IN PART ON THE NEGLIGENCE OR STRICT LIABILITY OF SUCH TENANT RELEASED PARTY. Notwithstanding the foregoing release, Tenant shall not be released from (a) any indemnity, hold harmless, or may be claimed to existdefense obligation of Tenant that accrued under the Lease as of the Termination Date, of whatever kind or name(b) any obligation under this Agreement, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of (c) any duty, or other legal or equitable theory of recovery, each as though fully set forth herein at length, claim arising or accruing out of from or in connection with the Premises any inaccurate representation or the Leasewarranty made by Tenant hereunder, or (d) any default by Tenant hereunder. Notwithstanding the foregoing, nothing contained herein there shall release be no reconciliation on account of Basic Rent, Operating Costs, Taxes, or any other additional sums due under the Lease and neither Landlord nor Tenant Parties from their respective obligations and agreements shall owe the other such sums under this Agreement. Notwithstanding the foregoing, nothing contained herein shall release Tenant from its obligations under this AgreementLease after the Termination Date.

Release of Tenant. Subject to the conditions subsequent set forth below Provided that (i) Tenant complies in this Paragraph 3 and the provisions of this Agreement, including but not limited to Paragraph 9all respects with its obligations hereunder, (aii) Tenant is not named as a debtor in any bankruptcy proceeding during the period of 101 days following Landlord's actual receipt of the Termination Payment, (iii) Landlord agrees to accept receives the surrender full amount of the Lease and the Premises from and after the Effective Termination Date, Payment and (biv) Landlord is not required to disgorge any sums received from Tenant, then effective as of the Effective Termination Date, Landlord waivesLandlord, on behalf of itself and releases and discharges Tenant and each of its past and present partners and parent, subsidiaries, affiliates, and their respective past and present trusteesshareholders, members, principals, beneficiaries, shareholders, beneficial owners, partners, officers, directors, employees, mortgagee(s), managers, representatives officers and agents, directors and their respective the successors and assigns of each of them (collectively, the “"Landlord Related Persons") shall be deemed, without further action, to have released, acquitted and forever discharged Tenant Parties”and each of its parent, subsidiaries, affiliates, shareholders, members, partners, officers and directors and the successors and assigns of each of them (collectively, the "Tenant Related Persons") from, from any and all claims, demands or demands, proceedings, causes of action whatsoeveraction, orders, obligations, contracts, agreements, debts and liabilities, whatsoever (including, without limitation, any and all rights, obligations, liabilities, indebtedness, breaches adjustments of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, debts, defenses, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing, or that could, might, or may be claimed to exist, of whatever kind or nameOperating Expenses), whether known or unknown, suspected or unsuspected, liquidated both at law and in equity, which Landlord or unliquidatedany Landlord Related Person now has, claimed have ever had or unclaimed, whether based on contract, tort, breach of may hereafter have against Tenant or any duty, Tenant Related Person arising under or other legal or equitable theory of recovery, each as though fully set forth herein at length, arising or accruing out of or in connection with related to the Premises Lease or the LeasePremises. Notwithstanding the foregoing, nothing contained herein shall release the Tenant Parties from their respective all of Tenant's obligations and agreements liabilities under the Lease and this Agreement. Notwithstanding Agreement which accrued or arose or relate to matters occurring on or before the foregoingEffective Date shall survive the Effective Date, nothing contained herein shall release including, without limitation, Tenant's obligation under the Lease (and any liability resulting from Tenant's failure to perform such obligation) to indemnify, defend and hold harmless Landlord for all liabilities, obligations, suits, claims, fines, damages, penalties, costs, charges and expenses (collectively, the "Damages") (including, without limitation, attorneys' fees and disbursements) which may be imposed upon, incurred or paid by, or asserted against, Landlord, or for which Landlord may become, or is, liable, that are imposed by, or incurred or paid to, or asserted by, third parties, including, without limitation, Damages resulting from (a) injuries to persons occurring at the Premises on or prior to the Effective Date; (b) Tenant's failure to have paid for any work performed at, or materials or supplies installed at or furnished to, the Premises on or prior to the Effective Date, at the request of, or for the benefit of, Tenant from its obligations or any person or entity claiming by, through or under this AgreementTenant; or (c) Tenant's failure to have paid for any utilities or services furnished to Tenant on or prior to the Effective Date.

Release of Tenant. Subject only to the conditions subsequent obligations set forth below in this Paragraph 3 Agreement, including without limitation the receipt by Landlord of the amount specified in Section 2 above in good funds, and the provisions Approvals being obtained, Landlord hereby releases, acquits, remises and forever discharges Tenant and its directors, officers, agents, assigns, representatives, attorneys, heirs, executors, administrators, beneficiaries, and all persons acting by, through, under or in concert with Tenant, or any of them of and from any and all claims, demands, rights, liabilities, losses, judgments, actions, causes of action, suits, obligations, or liability of any kind or nature (including but not limited to, attorneys' fees, expenses of litigation, bad faith, and punitive damages) that have arisen or occurred or that may arise or occur at any time in the future based in whole or in any part upon any promises, agreements, contracts, leases, facts, conduct, activities, transactions, events or occurrences, known or unknown, which have or allegedly have existed, occurred, happened, arisen or transpired from the beginning of time to the date of this Agreement, including but not limited to Paragraph 9, except for (a) Landlord agrees to accept the surrender of the Lease and the Premises from and after the Effective Termination Dateany obligations, liabilities or losses which are based on this Settlement Agreement, and (b) effective as any indemnity or hold harmless agreement set forth in the Lease arising out of a third party claim. Notwithstanding any other provision of this Agreement to the contrary, should Tenant file for bankruptcy under any chapter of the Effective Termination DateUnited States Bankruptcy Code which results in Landlord not receiving or retaining the $51,880 to be paid under Section 2 of this Agreement, or any other sum Landlord waiveshas received from Tenant, then the releases contained in Sections 3 and 4 of this Agreement shall be cancelled and of no force or effect, and releases and discharges Tenant and Landlord shall be permitted to file its past and present partners and affiliates, and their respective past and present trustees, members, principals, beneficiaries, shareholders, beneficial owners, partners, officers, directors, employees, mortgagee(s), managers, representatives and agents, and their respective successors and assigns (collectively, the “Tenant Parties”) from, any and proof of claim in bankruptcy court for all claims, demands or causes of action whatsoever, including, without limitation, any and all rights, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or any relationship, acts, omissions, misfeasance, malfeasance, debts, defenses, sums of money, accountsminus any sum of money actually received and retained by Landlord, compensations, contracts, controversies, promises, damages, costs, losses to which Landlord would be entitled pursuant to the Lease and expenses of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing, or that could, might, or may be claimed to exist, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of any duty, or other legal or equitable theory of recovery, each as though fully set forth herein at length, arising or accruing out of or in connection with under the Premises or the Lease. Notwithstanding the foregoing, nothing contained herein shall release the Tenant Parties from their respective obligations and agreements under this Agreement. Notwithstanding the foregoing, nothing contained herein shall release Tenant from its obligations under this AgreementBankruptcy Code.