Release, Waiver and Covenant Not to Xxx. In consideration of the mutual covenants and agreements contained in this Agreement, each Party hereby releases, waives and forever discharges the other Party and each of its affiliates and their respective members, shareholders, officers, directors, and employees (collectively, “Representatives”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation obligation, damages (including exemplary or punitive damages), benefits, liability, costs and/or expenses (including attorneys’ fees), that such party has, may have, or may be entitled to against the other party, whether legal, equitable or administrative, whether known or unknown, whether past, current or future, which arise directly or indirectly out of, or are related in any way to, the Notes. This Agreement is intended as a general release, representing a full and complete disposition and satisfaction of the Parties’ real or alleged legal obligations to each other relating to, arising from or connected with the Notes.
Release, Waiver and Covenant Not to Xxx. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITY, the City Council and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissions, and (ii) the term “Claims” shall mean any and all liability, lawsuits, causes of action and claims for damages, costs or expenses, whether past, present or future, and whether known or unknown. Participant, on their own behalf, and on behalf of their Related Persons, and Parent on their own behalf, and on behalf of Participant and their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to xxx), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with their death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Participant, Parent, and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) Participant’s exposure to COVID- 19; (ii) Participant’s attendance at the Program and participation in activities at or related to the Program; (iii) Participant’s travel to or presence at the Program, or at any location to which they may travel in connection with the Program; or (iv) any of the risks identified above in paragraphs 1 and 2 of this Agreement. Participant and Parent understand that this release, waiver and covenant not to xxx includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the Program. Participant and Parent recognize and agree that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Participant and Parent further acknowledge that Participant and Parent have read Section 1542 of the Civil Code of the State of California, which currently provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Participant and Parent understand that, pursuant...
Release, Waiver and Covenant Not to Xxx. For purposes of this Agreement, (i) the term “Released Parties” shall mean the CITY, the City Council and each member thereof, present and future, and every officer, agent and employee of the CITY and every member of its boards and commissions, and
Release, Waiver and Covenant Not to Xxx. Seller shall have no liability to Purchaser and Purchaser hereby waives and releases and covenants not to xxx Seller, Mr. Gold or any of Seller’s officers, directors, employees, agents, affiliates or assigns (each, a “Released Party”) with respect to any and all rights and claims which Purchaser or any of its affiliates may have or may hereafter acquire against any Released Party, whether under applicable securities laws or otherwise, to the extent relating to any failure by a Released Party to disclose the Information to Purchaser relating to this transaction.
Release, Waiver and Covenant Not to Xxx. (a) Noteholder agrees to the following release and waiver, which shall take effect as of the date of consummation of the Exchange Offer (the “Settlement Effective Date”):
Release, Waiver and Covenant Not to Xxx. Participant understands that by signing this Agreement that the City of Monterey, its employees, officers, agents, and volunteers (hereinafter referred to as “City”), shall not be liable, and Participant expressly waives any claim of liability, for any injury, death, illness, damage, or loss or theft of property, whether caused by any negligent act or omission of the City, in connection with the Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment. This waiver is intended to be a complete release, to the fullest extent permitted by law, of the City from any responsibility for any claims for injuries or damages whatsoever, to person or property, sustained by Participant pertaining to, related to, or arising directly or indirectly out of Participant’s participation in Recreation or Sports Center programs, events, or activities, or use of City facilities or equipment, including but not limited to use of the Kids Zone. This includes, without limitation, injuries (including death) which may occur: (1) as a result of negligence or carelessness on the part of the City, (2) out of a dangerous or defective condition of property or equipment, or (3) the City’s negligent instruction or supervision. 3.
Release, Waiver and Covenant Not to Xxx. For purposes of this Agreement, (i) the term “Released Parties” shall mean the Event, Anschutz Southern California Sports Complex, LLC, Anschutz Entertainment Group, Inc., California State University Xxxxxxxxx Hills, California State University Xxxxxxxxx Hills Foundation, Dignity Health, Felt Racing LLC, Xxxxxx Cycling Foundation., LA84 Foundation, In-Training, Inc., Los Angeles Velodrome Racing Association (LAVRA), USA Cycling, Inc., Alphamantis Technologies, FinalFit Inc., ERO Inc., Union Cycliste International, United States Olympic Committee (“USOS”), U.S. Paralympics Cycling, and any of the respective Event sponsors or promoters and each of their officers, directors, managers, members, employees, agents, contractors, sub-
Release, Waiver and Covenant Not to Xxx. In consideration of the Settlement Benefits, the terms of this Agreement, and other good and valuable consideration, the Class Representative, all members of the Class who do not timely exclude themselves from the Settlement, and the Class Counsel, and all of their respective heirs, executors, personal representatives, subrogees, successors, and assigns (together “the Releasors”), release, remise, resolve, waive, acquit, and forever discharge Freedom, its predecessors, successors, assigns, parents, subsidiaries, affiliates, related entities, and all of their past and present agents, directors, officers, employees, shareholders, insurers, financial institution bond-issuers, representatives, and attorneys (together “the Releasees”), of and from any and all the Released Claims (as defined below).
Release, Waiver and Covenant Not to Xxx. (a) Effective, as applicable, upon (i) the date all amounts due and owing by Borrowers to MPFC II under the $80 Million Credit Agreement have been paid in full and satisfied, or (ii) the date all amounts due and owing by Borrowers to MPFC I under the $50 Million Credit Agreement have all been paid in full and satisfied (each said date, the "EFFECTIVE DATE" as it relates to the $80 Million Credit Agreement or the $50 Million Credit Agreement, as applicable), each Borrower (collectively the "RELEASING PARTIES") fully, forever and irrevocably release, waive and relinquish any claim or cause of action (collectively, "LENDER LIABILITY CLAIMS") that the Releasing Parties now have or in the future may have against MPFC I, MPFC II or MPFC III, or against any related or affiliated entity or person, or their respective officers, directors, shareholders, members, managers, employees, agents, representatives, successors and assigns (collectively the "RELEASED PARTIES") that, at any time prior to the Effective Date: (i) any of the Released Parties committed a breach or default under the (x) $10.7 Million Credit Agreement and/or (y) the $80 Million Credit Agreement, provided that all amounts due and owing by Borrowers to MPFC II under the $80 Million Credit Agreement have been paid in full and satisfied, and/or (z) the $50 Million Credit Agreement, provided that all amounts due and owing by Borrowers to MPFC I under the $50 Million Credit Agreement have all been paid in full and satisfied (Sections 2.3(a)(i)(x) through (z) are collectively referred to in this Section 2.3(a) as the "DISCHARGED CREDIT AGREEMENTS"); or (ii) any of the Released Parties conspired with the executive officers, representatives or agents of the Company to deprive OC-PIN of its stock ownership in the Company or otherwise inflicted any actionable damage on OC-PIN; or (iii) any of the Released Parties committed an act not permitted by any or all of the Discharged Credit Agreements or by applicable law; or (iv) any of the Released Parties omitted to take an action required by any or all of the Discharged Credit Agreements or under applicable law; or (v) any or all of the Discharged Credit Agreements or this Agreement is/are invalid or unenforceable in whole or in part for any reason; or (vi) any of the Released Parties suggested, implied, induced, cajoled or required that the Company include any terms or conditions in any agreements between the Company and OC-PIN in connection with any or all of the...
Release, Waiver and Covenant Not to Xxx. I release PATRONS and its directors, officers, trustees. employees, volunteers, successors, and assigns from and waive all claims and covenant not to xxx for any liability, injury, loss, or damage, including attorneys' fees, in any way connected with my participation in the Program, whether or not caused in whole or part by the negligence or other conduct of PATRONS or any of the individuals mentioned above.
