Common use of Settlement and Release of Claims Clause in Contracts

Settlement and Release of Claims. As further consideration for the agreements set forth herein, in full satisfaction of any and all amounts Sellers may have against Pacific and Pacific may have against Sellers under the Purchase Agreement, the parties do hereby release, acquit, and forever discharge each other of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, known and unknown, whether or not on account of, or in any way growing out of, any and all damages resulting from the failure of the Original Shares from being registered as provided in the Purchase Agreement, the value of the Original Shares or Additional Shares when issued, any entitlement to receive a specified amount of funds upon the sale thereof, and from any and all allegations regarding the effects on Pacific from the Hawaii legislation. The parties acknowledge and agree that this settlement is in compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of either party, by whom liability is expressly denied. This release expresses a full and complete settlement of the liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone. This release contains the entire agreement between the parties hereto, and the terms of this release are contractual, not a mere recital.

Appears in 1 contract

Samples: Settlement and Release Agreement (Pacific Rehabilitation & Sports Medicine Inc)

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Settlement and Release of Claims. As further consideration for the agreements set forth herein, in full satisfaction of any and all amounts Sellers Seller may have against Pacific and Pacific may have against Sellers Seller under the Purchase Agreement, the parties do hereby release, acquit, and forever discharge each other of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, known and unknown, whether or not on account of, or in any way growing out of, any and all damages resulting from the failure of the Original Shares from being registered as provided in the Purchase Agreement, the value of the Original Shares or Additional Shares when issued, any entitlement to receive a specified amount of funds upon the sale thereof, and from any and all allegations regarding the effects on Pacific from the Hawaii legislation. The parties acknowledge and agree that this settlement is in compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of either party, by whom liability is expressly denied. This release expresses a full and complete settlement of the liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone. This release contains the entire agreement between the parties hereto, and the terms of this release are contractual, not a mere recital. Seller also will withdraw Seller's notice of redemption dated July 17, 1996.

Appears in 1 contract

Samples: Settlement and Release Agreement (Pacific Rehabilitation & Sports Medicine Inc)

Settlement and Release of Claims. As further consideration for the agreements set forth herein, in full satisfaction of any and all amounts Sellers Seller may have against Pacific and Pacific may have against Sellers Seller under the Purchase Agreement, the parties do hereby release, acquit, and forever discharge each other of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, known and unknown, whether or not on account of, or in any way growing out of, any and all damages resulting from the failure of the Original Shares from being registered as provided in the Purchase Agreement, the value of the Original Shares or Additional Shares when issued, any entitlement to receive a specified amount of funds upon the sale thereof, and from any and all allegations regarding the effects on Pacific from the Hawaii legislation. The parties acknowledge and agree that this settlement is in compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of either party, by whom liability is expressly denied. This release expresses a full and complete settlement of the liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone. This release contains the entire agreement between the parties hereto, and the terms of this release are contractual, not a mere recital.

Appears in 1 contract

Samples: Settlement and Release Agreement (Pacific Rehabilitation & Sports Medicine Inc)

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Settlement and Release of Claims. As further consideration for the agreements set forth herein, in full satisfaction of any and all amounts Sellers Seller may have against Pacific and Pacific may have against Sellers Seller under the Purchase Agreement, the parties do hereby release, acquit, and forever discharge each other of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation, known and unknown, whether or not on account of, or in any way growing out of, any and all damages resulting from the failure of the Original Shares from being registered as provided in the Purchase Agreement, the value of the Original Shares or Additional Shares when issued, any entitlement to receive a specified amount of funds upon the sale thereof, and from any and all allegations regarding the effects on Pacific from the Hawaii legislation. The parties acknowledge and agree that this settlement is in compromise of a doubtful and disputed claim and that the payment is not to be construed as an admission of liability on the part of either party, by whom liability is expressly denied. This release expresses a full and complete settlement of the liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone. This release contains the entire agreement between the parties hereto, and the terms of this release are contractual, not a mere recital. Seller also will withdraw his notice of redemption dated July 17, 1996.

Appears in 1 contract

Samples: Settlement and Release Agreement (Pacific Rehabilitation & Sports Medicine Inc)

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