Common use of Settlement and Release Clause in Contracts

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing release.

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, FastFunds and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) Company Affiliates hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, Note Holders and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) Note Holder Affiliates from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders FastFunds or the Note Holder Company Affiliates now have or may hereafter accrue against FastFunds, Equitex Note Holders or the Company Note Holder Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds Note Holders or the Company Note Holder Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders FastFunds or the Note Holder Company Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex the Note Holders or the Company Note Holder Affiliates (all of which are hereinafter referred to as the "Released Note Holder Company Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex the Note Holders to perform this Agreement are specifically excluded from the foregoing release. The Released Note Holder Claims and the Released Company Claims may hereafter be referred to together as the “Released Claims.”

Settlement and Release. In For the consideration of expressed in this Separation Agreement, Employee hereby fully and completely releases and waives and forever discharges the forgoing securitiesCompany, each of the Note Holdersits predecessors, and their successors, assigns, parents, affiliates, subsidiaries, related companies, officers, directors, employeesshareholders, agents, attorneysservants, stockholderscounsel, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officersexecutives, directors, employeesshareholders, agents, attorneysemployees, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under any retirement or welfare benefit plans offered by the Securities Act Company and any trustee or administrator of 1933), representatives, successors and assignsany such plans, and the heirs, successors and assigns thereof insurers (collectively, the collectively referred to as “Company AffiliatesReleased Parties”) from any and all past, present or future claims, demands, liabilities, actionscomplaints, causes of actionaction or demands of whatever kind, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex or the Company Affiliates, whether known or unknown, asserted suspected or unassertedunsuspected, absolute which exist or contingentmay exist up through the date Employee signs this Separation Agreement arising out of any actions, accrued conduct, decisions, behavior, or events occurring up through the execution of this Separation Agreement, including without limitation any and all claims, complaints, causes of action or demands relating in any way to the hiring of Employee, the terms, conditions and circumstances of Employee’s employment, Employee’s compensation WHILE employed with the Company, the cessation of Employee’s employment with the Company, and any other actions, decisions, alleged omissions, or events occurring up through the date Employee signs this Separation Agreement. Employee understand and agrees that Employee’s release of claims in this Separation Agreement includes, but is not accruedlimited to, any claims Employee may have under: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Family and Medical Leave Act; the Age Discrimination in Employment Act; the Minnesota Human Rights Act; Minn. Stat. § 176.82; Minn. Stat. § 181.81; or any other federal, state, or local statute, ordinance, or law. Employee also understands that Employee is giving up all other claims, whether grounded in contract or tort theories, including but not limited to: wrongful discharge; breach of contract; tortious interference with contractual relations; promissory estoppel; detrimental reliance; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self-publication defamation; discharge in violation of public policy; whistleblower; negligence; intentional or negligent infliction of emotional distress; attorney’s fees; or any other theory, whether legal or equitable, with the exception of those claims which cannot be released under applicable state or federal law. Employee also understands and agrees that Employee is waiving the right to those arising out of, based upon, monetary damages or in other individual legal or equitable relief awarded by any way governmental agency related to any claim against the (a) Released Parties arising from or relating to the Notes; (b) any obligations to make any paymentsCompany’s hiring of Employee, Employee’s employment with the Company, the cessation of Employee’s employment with the Company, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any actions, decisions, alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligenceomissions, or alleged intentionalevents occurring prior to Employee’s signing of this Separation Agreement. Employee makes this release on behalf of Employee, willful or wanton misconduct resulting in any alleged loss; (f) any lost profitsEmployee’s estate and Employee’s heirs, loss of business opportunitiespersonal representatives, lost investment returnsadministrators, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conductexecutors, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; successors and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing releaseassigns.

Settlement and Release. In consideration of the forgoing payments and securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) hereby completely, unconditionally and forever completely and unconditionally release, acquit and forever discharge FastFunds and Equitex and their its officers, directors, employees, agents, attorneys, stock-holdersstockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates now have or may hereafter accrue against FastFunds, Equitex the FastFunds or the Company Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes, including the warrants issued with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company Affiliates; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates asserted, attempted to assert or which could have asserted against FastFunds, Equitex FastFunds or the Company Affiliates (all of which are hereinafter referred to as the "Released Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex to perform this Agreement are specifically excluded from the foregoing release.

Settlement and Release. In consideration of the forgoing securities, each of the Note Holders, and their officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, executors, successors and assigns thereof (the “Note Holder Affiliates”) FastFunds hereby forever completely and unconditionally release, acquit and discharge FastFunds and Equitex and their officers, directors, employees, agents, attorneys, stock-holders, parent corporations, subsidiaries, affiliates (as defined in rules under the Securities Act of 1933), representatives, successors and assigns, and the heirs, successors and assigns thereof (collectively, the “Company Affiliates”) Note Holders from any and all past, present or future claims, demands, liabilities, actions, causes of action, debts, losses, counterclaims, set-offs, liabilities, damages or suits of every kind or nature which the Note Holders or the Note Holder Affiliates FastFunds now have or may hereafter accrue against FastFunds, Equitex or the Company AffiliatesNote Holders, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, including but not limited to those arising out of, based upon, or in any way related to the (a) the Notes; (b) any obligations to make any payments, or any other monetary of non-monetary obligation or performance of any sort arising under Notes or any other documents or agreements allegedly entered into in connection with the Notes; (c) any alleged duty purportedly existing or arising between the parties; (d) any alleged obligation to make payment of any interest, late fees or other charges; (e) any alleged negligence, lack of due care, gross negligence, or alleged intentional, willful or wanton misconduct resulting in any alleged loss; (f) any lost profits, loss of business opportunities, lost investment returns, lost investment opportunities or other business losses; (g) any alleged conspiracy or purportedly tortious conduct, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by FastFunds or the Company AffiliatesNote Holders; (i) alleged infliction of emotional distress, pain, suffering or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expenses, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claims, demands, actions, causes of action or suits which the Note Holders or the Note Holder Affiliates FastFunds asserted, attempted to assert or could have asserted against FastFunds, Equitex or the Company Affiliates Note Holders (all of which are hereinafter referred to as the "Released Note Holder Company Claims") up to and including the date hereof; provided, however, that the obligations of FastFunds and Equitex the Note Holders to perform this Agreement are specifically excluded from the foregoing release. The Released Note Holder Claims and the Released Company Claims may hereafter be referred to together as the “Released Claims.”