Common use of Scope of Release and Discharge Clause in Contracts

Scope of Release and Discharge. Each Party, on behalf of itself and each of its respective Releasing Parties, acknowledges and agrees that it may be unaware of or may discover facts in addition to or different from those which it now knows, anticipates or believes to be true related to or concerning the Released Claims. Each Party knows that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claims. It is nonetheless the intent of each of the Parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims or facts. To that end, with respect to the Released Claims only, the Parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties might have affected the Parties’ settlement. With respect to the Released Claims only, the Parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § 1542 of the California Civil Code (and each other relevant state’s or other jurisdiction’s counterpart thereto), which provides: 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. The Parties acknowledge and agree that the inclusion of this Section 5 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement.

Scope of Release and Discharge. Each Party(a) The parties, on behalf of itself and each of its the respective Releasing Parties, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties parties might have affected the Partiesparties’ settlement. With respect to the Released Claims only, the Parties parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each other relevant state’s or other jurisdiction’s counterpart theretoany similar, comparable or equivalent provisions), which provides: 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. . (b) The Parties parties acknowledge and agree that the inclusion of this Section 5 5.3 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement.

Scope of Release and Discharge. Each Party(a) The parties, on behalf of itself and each of its the respective Releasing Parties, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties such parties might have affected the Partiessuch parties’ settlement. With respect to the Released Claims only, the Parties parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each other relevant state’s or other jurisdiction’s counterpart theretoany similar, comparable or equivalent provisions), which provides: 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. . (b) The Parties parties acknowledge and agree that the inclusion of this Section 5 4.3 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement.

Scope of Release and Discharge. Each Party(a) The parties, on behalf of itself and each of its the respective Releasing Parties, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties parties might have affected the Partiesparties’ settlement. With respect to the Released Claims only, the Parties parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each other relevant state’s Code, or any New York or other jurisdictionstate’s counterpart thereto), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DEBTOR. (b) The Parties parties acknowledge and agree that the inclusion of this Section 5 5.3 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement. (c) Notwithstanding anything to the contrary herein, this Agreement shall not release, bar or otherwise impair the assertion of any claim whatsoever by any Releasing Party (directly or indirectly, whether as a claim, a cross-claim, counterclaim or otherwise) against any unitholder or security holder of any Company Released Person asserting any claim against such Releasing Party or its affiliate.

Scope of Release and Discharge. Each Party(a) The Parties, on behalf of itself and each of its the respective Releasing Parties, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The Parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a Party or Parties. It is nonetheless the intent of each of the Parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties might have affected the Parties’ settlementnegotiation of this Agreement. With respect to the Released Claims only, the Parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each other relevant state’s Code, or any New York or other jurisdictionstate’s counterpart thereto), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DEBTOR. (b) The Parties acknowledge and agree that the inclusion of this Section 5 3.4 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement.

Scope of Release and Discharge. Each PartyArticle 1 The parties, on behalf of itself themselves and each of its their respective Releasing PartiesRelated Persons, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties parties might have affected the Partiesparties’ settlement. With respect to the Released Claims only, the Parties parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each Code, or any New York or other relevant state’s or other jurisdiction’s counterpart thereto), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The Parties acknowledge and agree that the inclusion of this Section 5 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this AgreementDEBTOR.

Scope of Release and Discharge. Each Party(a) The parties, on behalf of itself and each of its the respective Releasing Parties, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties parties might have affected the Partiesparties’ settlement. With respect to the Released Claims only, the Parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each other relevant state’s Code, or any New York or other jurisdictionstate’s counterpart thereto), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DEBTOR. (b) The Parties parties acknowledge and agree that the inclusion of this Section 5 5.5 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement.

Scope of Release and Discharge. Each Party(a) The parties, on behalf of itself themselves and each of its their respective Releasing PartiesRelated Persons, acknowledges acknowledge and agrees agree that it they may be unaware of or may discover facts in addition to or different from those which it they now knowsknow, anticipates anticipate or believes believe to be true related to or concerning the Released Claims. Each Party knows The parties know that such presently unknown or unappreciated facts could materially affect the claims or defenses applicable to the Released Claimsof a party or parties. It is nonetheless the intent of each of the Parties parties to give a full, complete and final release and discharge of the Released Claims. In furtherance of this intention, the Releases releases herein given shall be and remain in effect as full and complete releases with regard to the Released Claims notwithstanding the discovery or existence of any such additional or different claims claim or factsfact. To that end, with respect to the Released Claims only, the Parties parties expressly waive and relinquish any and all provisions, rights and benefits conferred by any law of the United States or of any state or territory of the United States or of any foreign or other relevant jurisdiction, or principle of common law, under which a general release does not extend to claims which the Parties parties do not know or suspect to exist in their favor at the time of executing the release, which if known by the Parties parties might have affected the Partiesparties’ settlement. With respect to the Released Claims only, the Parties parties expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of § §1542 of the California Civil Code (and each Code, or any New York or other relevant state’s or other jurisdiction’s counterpart thereto), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. DEBTOR. (b) The Parties parties acknowledge and agree that the inclusion of this Section 5 3.03 was separately bargained for and is a key element inducing them to enter into this Agreement, subject to the provisions of Section 4 of this Agreement. (c) Notwithstanding anything to the contrary herein, this Agreement shall not release, bar or otherwise impair the assertion of any claim whatsoever by any Releasing Party (directly or indirectly, whether as a claim, a cross-claim, a counterclaim or otherwise) against any security holder of any Released Person that asserts any claim against such Releasing Party or its Related Persons. (d) Nothing in this Agreement shall in any way constitute an agreement by any party hereto to indemnify the other party hereto against any Third Party claim.