RELEASES AND COVENANT NOT TO SUE. 8.1 Releases. Subject to Article X below, the obligations incurred pursuant to this Settlement Agreement shall be in full and final disposition and settlement of any and all of Plaintiffs’ Released Claims.
RELEASES AND COVENANT NOT TO SUE. Guest voluntarily releases and covenants not to sue the Park, and all other persons or entities affiliated therewith, from and for any and all liability, claims or actions arising out of or related in any way to Guest’s stay at the Park, use of Park equipment or facilities, or participation in any Park activity, including, but not limited to any negligence of the Park, its agents or employees resulting in personal injury, death, illness or disease, or damage to or loss of use of personal property. If anyone is hurt or dies, or property is damaged while Guest is at the Park or using Park equipment or facilities, Guest shall have no rights to make any claim or file a lawsuit against the Park, its agents or employees, even if the Park, its agents or employees, or any of them negligently caused the injury or property damage. Xxxxx agrees that by signing this document, Xxxxx has assumed responsibility and legal liability for the claims or other legal demands, including attorneys’ fees and other defense costs, that may be asserted by third parties as a result of Guest’s stay at the Park. By signing this document, Xxxxx gives up any right and the right of his/her heirs, relatives, personal representatives, and assigns to claims that Guest might otherwise have now or any time in the future against the Park, its agents, or employees, including the right to bring a court action to obtain any remedy for personal injury, death, or damage to property, however caused, arising out of Guest’s stay at the Park or use of the Park’s equipment or facilities. If you do not understand this document, you should seek legal advice.
RELEASES AND COVENANT NOT TO SUE. 4.1 Release By Named Plaintiffs, the Settlement Class, Defendants, and the Plan.
RELEASES AND COVENANT NOT TO SUE. 7.1. Upon the Effective Date of this Settlement Agreement, Plaintiffs and each Settlement Class Member, and each of their successors, assigns, heirs, and personal representatives, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Persons. Plaintiffs and each Settlement Class Member covenant and agree that they shall not hereafter seek to sue, institute litigation against or otherwise seek to establish liability or damages against any Released Persons or any other person based, in whole or in part, on any of the Released Claims. The Released Claims shall be construed as broadly as possible to effect complete finality over this litigation involving the pricing, labeling, and advertising of Merchandise offered at a discount from a regular or original price and XXX’s sales of Merchandise from Xxx Xxxxxx Factory or LOFT Outlet stores, including, but not limited to, claims regarding the quality of such Merchandise, as alleged in the Complaint or First Amended Complaint.
RELEASES AND COVENANT NOT TO SUE. SECTION 3.1.
RELEASES AND COVENANT NOT TO SUE. Section 5.1.
RELEASES AND COVENANT NOT TO SUE. Xxch of the parties to this Agreement (and for purposes of this Section 11 only, any reference to "party" or "Regax" xxall include Regax' x spouse) hereby releases, acquits and discharges each of the other parties, on behalf of himself or itself, and his or its respective directors, and former partners, principals, officers, if any, and the directors, employees, agents, attorneys, insurance carriers, Affiliates, successors and assigns of each of the other parties, and each of them, (the "Released Parties") from any and all claims, causes of actions, whether direct or indirect, known or unknown, demands, liabilities, actions, rights, damages of any kind or nature, costs, charges, losses or expenses of whatsoever kind, nature, or description, in law or equity, whether known or unknown, fixed or contingent, which he or it had or now has, or which could have been asserted, against any of said persons, growing out of, arising from, or in any way related to the execution, delivery and performance of the Employment Agreement through the date hereof, the Voting Agreement between Regax xxx NUON, or arising out of or under, or by reason of, any matter whatsoever, from the beginning of time to the date of this Agreement other than acts of fraud and dishonesty against the Company. Notwithstanding the foregoing, no release given herein shall prevent any party from bringing an action for breach of this Agreement, any agreement executed contemporaneous with or subsequent to this Agreement, or for breaches of the Employment Agreement which may occur between the date hereof and May 2, 2001; provided, however, that with respect to alleged breaches of the Employment Agreement, Regax xxx the Company acknowledge and agree that for purposes of the Company's performance under the Employment Agreement, Regax' x employment will terminate upon the expiration of the Employment Agreement and the Company will be entitled to pursue its business operations in contemplation of Regax'x xxxarture and may thereby reduce Regax'x xxxponsibilities, authorities and functions without being in breach of the Employment Agreement; provided further, however, that a Change in Control (as that term is defined in the Employment Agreement), if any, between the date hereof and the termination date will not give rise to any further obligations by the Company to Regax xxxsuant to Section 9 of the Employment Agreement unless Regax xxxll first provide the Company with written notice on or before May 2, 2001,...
RELEASES AND COVENANT NOT TO SUE. 23. In exchange for the payment of Settlement Funds, the Releasing Persons hereby fully and finally release and discharge the Released Persons, and each of them, from the Released Claims.
RELEASES AND COVENANT NOT TO SUE
