Release Provisions. The provisions of Schedule B(1) are incorporated into and form part of this Agreement.
Release Provisions. The provisions of Schedule(s) B(2) Value Security Escrow Agreement for Tier 2 Issuer and B(1) Value Security Escrow Agreement for Tier 1 Issuer are incorporated into and form part of this Agreement.
Release Provisions. The provisions of Schedule B(1) – CPC Escrow Securities are incorporated into and form part of this Agreement.
Release Provisions. If the Settlement Agreements are approved and become effective, you and all Class Members will be bound by the terms of the Settlement Agreements, and upon their becoming effective, you will be releasing Visa, MasterCard and other entities from certain claims as set forth below, including claims relating in any way to any conduct prior to January 1, 2004 concerning any claims alleged in the Second Amended Consolidated Class Action Complaint or any of the complaints consolidated therein, including, without limitation, claims which have been asserted or could have been asserted in this litigation, as follows: Visa, MasterCard and their past, present or future officers, directors, stockholders, member financial institutions, agents, employees, legal representatives, trustees, parents, associates, affiliates, subsidiaries, divisions, partners, heirs, executors, administrators, purchasers, predecessors, successors and assigns (the "Released Parties") shall be released and forever discharged from all manner of claims, demands, actions, suits, causes of action against the Released Parties, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties and attorneys’ fees, known or unknown, suspected or unsuspected, in law or equity, that any Plaintiff or Class Members who have not timely excluded themselves from the Class Action (including any of their past, present or future officers, directors, stockholders, agents, employees, legal representatives, trustees, parents, associates, affiliates, subsidiaries, divisions, partners, heirs, executors, administrators, purchasers, predecessors, successors and assigns), whether or not they object to the Settlement and whether or not they make a claim upon or participate in the Settlement Fund, whether directly, representatively, derivatively or in any other capacity, ever had, now has or hereafter can, shall or may have, relating in any way to any conduct prior to January 1, 2004 concerning any claims alleged in the Second Amended Consolidated Class Action Complaint or any of the complaints consolidated therein, including, without limitation, claims which have been asserted or could have been asserted in this litigation which arise under or relate to any federal or state antitrust, unfair competition, unfair practices, or other law or regulation, or common law, including, without limitation, the Xxxxxxx Act, 15 U.S.C § 1 et seq. (the...
Release Provisions. The Mortgagee and its assignees and subsequent holders of the Note, shall deliver to Mortgagor partial releases of this Mortgage for portions of Property secured by this Mortgage upon payment of a release price equal to Fourteen Thousand Dollars ($14,000.00) per acre for each acre of area within each parcel which Mortgagee seeks a release for a release payment, provided (i) Mortgagor will not be entitled to a partial release if there is any default remaining uncured pursuant to the Note or Mortgage; (ii) Mortgagor shall first have submitted a survey designating the parcel to be released and its total square footage, and also showing the remainder of the Property or a copy of the recorded plat for any platted lot being released; (iii) such release shall not cause any of the remaining Property to become landlocked; (iv) the dimensions and layout of the parcel being released shall be reasonably acceptable to the Mortgagee with respect to there not being a disproportionate amount of road frontage included, and the release shall not render the size or configuration of the remainder of the Property to be commercially unacceptable or otherwise adversely impacted; (v) any easements necessary to extend utility lines or facilities under or across the parcel to be released to serve the remainder of the Property shall be created and granted concurrently with the release; and (vi) the principal payment shall be applied against the Note in the reverse order of maturity. Each such payment of a release price shall be applied as an advance payment of principal of the Note. EXECUTED effective the 27 day of September, 2002. MORTGAGOR: CAPITOL DEVELOPMENT OF ARKANSAS, INC., an Arkansas corporation By: /s/ Xxxxxxx X. Xxxx ------------------- Name: Xxxxxxx X. Xxxx Title: President MORTGAGE PAGE 10 OF 13 PAGES STATE OF FLORIDA COUNTY OF PALM BEACH ACKNOWLEDGMENT -------------- On this 27 day of September, 2002, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Xxxx Xxxx, being the person authorized by Capitol Development of Arkansas, Inc. to execute such instrument, to me personally well known, who stated that he was the President of Capitol Development of Arkansas, Inc., executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.
Release Provisions. For the entire period of the Executive’s employment by the Company, including his Retention Period, up to the Release Date:
Release Provisions. The provisions of Schedule(s) [Insert schedule reference(s)] are incorporated into and form part of this Agreement.
Release Provisions. 1. In exchange for the consideration described in this Letter Agreement, including the Termination Payment, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you for yourself and for your heirs, assigns, executors, administrators, agents and successors, past and present (collectively, the “Employee Affiliates”), hereby fully and without limitation release, covenant not to sxx, and forever discharge the Company and its subsidiaries, parent companies, divisions, affiliated corporations, affiliated partnerships, trustees, directors, officers, shareholders, partners, agents, representatives, employees, consultants, insurance carriers, attorneys, heirs, assigns, executors and administrators, predecessors and successors, past and present (the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, charges, complaints, obligations, promises, agreements, controversies, debts, actions and causes of action whether in law or in equity, suits, damages, losses, workers’ compensation claims, attorneys’ fees, costs, and expenses, of whatever nature whatsoever, known or unknown, fixed or contingent, suspected or unsuspected (“Claims”), that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees for any acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement. Without limiting the generality of the foregoing, this Release applies to any Claims that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees that arise out of, or are in any manner related to any of the following: (i) your employment by the Company or any of the other Releasees; (ii) the termination of your employment with the Company or any of the other Releasees; and (iii) any transactions, occurrences, acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement.
2. Without limiting the generality of the foregoing, you specifically and expressly release any Claims against the Company and the other Releasees occurring prior to the Effective Date of this Agreement arising out of or related to violations of any federal or state employment discrimination law, including Executive Order 11141, the Age Discrimination In Employment Act, Title VII of the Civil Rights Act of 1964, 29 U.S.C. §1...
Release Provisions. As of the Effective Date, the Releasing Persons are deemed to have fully released and forever discharged the Released Persons of and from all Released Claims, in accordance with the terms of this Settlement Agreement, by operation of entry of the Final Order And Judgment.
1. All Settlement Class Members shall be bound by this Settlement Agreement and all of their claims shall be dismissed with prejudice and released, irrespective of whether they received actual notice of the Action or this Settlement Agreement.
2. Without in any way limiting the scope of the Release, this Release covers any and all claims for attorneys’ fees, costs, or disbursements incurred by Settlement Class Counsel or any other counsel representing the Named Plaintiffs or Settlement Class Members, or any of them, in connection with or related in any manner to the Action, the Settlement, the Settlement Agreement, the administration of such Settlement Agreement and/or the Released Claims as well as any and all claims for any Service Award(s) or any Attorneys’ Fees and Costs Award.
3. The Releasing Persons and the Released Persons expressly acknowledge that they are familiar with principles of law such as Section 1542 of the Civil Code of the State of California, which provides: California or other law notwithstanding, the Releasing Persons and the Released Persons hereby expressly agree that the provisions, rights, and benefits of Section 1542 and all similar federal or state laws, rights, rules, or legal principles of any other jurisdiction that may be applicable herein are hereby knowingly and voluntarily waived, released, and relinquished to the fullest extent permitted by law solely in connection with unknown claims that are the same as, substantially similar to, or overlap the Released Claims, and the Releasing Persons acknowledge that this is an essential term of the Release. In connection with the Release, the Releasing Persons acknowledge that they are aware that they may hereafter discover claims presently unknown and unsuspected or facts in addition to or different from those which they now know or believe to be true with respect to the Released Claims, and that such claims, to the extent that they are the same as, substantially similar to, or overlap the Released Claims, are hereby released, relinquished, and discharged.
4. Nothing in the Releases shall preclude any action to enforce the terms of this Settlement Agreement, including, without limitation, participation in any of...
Release Provisions. The provisions of Schedules B(1), B(2), B(4) are incorporated into and form part of this Agreement.
