Common use of Settlement and Release Clause in Contracts

Settlement and Release. FastFunds and the Company Affiliates hereby forever completely and unconditionally release, acquit and discharge the Note Holders and the 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 FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the 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 Note Holders or the 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 FastFunds or the Company Affiliates asserted, attempted to assert or could have asserted against the Note Holders or the Note Holder Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereof; provided, however, that the obligations of 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. FastFunds 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 Company Affiliates 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 Note Holders Securities Act of 1933), representatives, successors and assigns, and the Note Holder Affiliates 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 FastFunds the Note Holders or Company the Note Holder Affiliates now have or may hereafter accrue against Note Holders FastFunds, Equitex or the Note Holder 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 Note Holders FastFunds or the Note Holder 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 FastFunds the Note Holders or the Company Note Holder Affiliates asserted, attempted to assert or could have asserted against the Note Holders FastFunds, Equitex or the Note Holder Company Affiliates (all of which are hereinafter referred to as the "Released Company Note Holder Claims") up to and including the date hereof; provided, however, that the obligations of the Note Holders FastFunds and Equitex 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. FastFunds and the Company Affiliates hereby forever completely and unconditionally release, acquit and discharge the Note Holders and the 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 FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the Note Holder AffiliatesHolders, 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 Note Holders or the Note Holder AffiliatesHolders; (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 FastFunds or the Company Affiliates asserted, attempted to assert or could have asserted against the Note Holders or the Note Holder Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereof; provided, however, that the obligations of 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. FastFunds For the consideration expressed in this Separation Agreement, Employee hereby fully and completely releases and waives and forever discharges the Company, its predecessors, successors, assigns, parents, affiliates, subsidiaries, related companies, officers, directors, shareholders, agents, servants, counsel, executives, directors, shareholders, agents, employees, any retirement or welfare benefit plans offered by the Company Affiliates hereby forever completely and unconditionally releaseany trustee or administrator of any such plans, acquit and discharge the Note Holders and the Note Holder Affiliates insurers (collectively referred to as “Released 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 FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the Note Holder 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 Note Holders or the 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; successors and (k) any other claims, demands, actions, causes of action or suits which FastFunds or the Company Affiliates asserted, attempted to assert or could have asserted against the Note Holders or the Note Holder Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereof; provided, however, that the obligations of 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 Claimsassigns.”

Settlement and Release. FastFunds (a) NAS hereby agrees to pay to Covad $450,000.00 in cash (the "SETTLEMENT PAYMENT") in full, final and complete settlement of any and all claims Covad may have against CapuNet and/or NAS and any of their respective past and present affiliates, officers, directors, owners, employees, limited or general partners, agents, successors and assigns, arising out of or in any way connected with the Company Affiliates liabilities of CapuNet and/or NAS under, in connection with or with respect to the CapuNet Agreements through the date hereof (the "PRIOR LIABILITIES"). (b) Covad hereby covenants not to sue on, and fully and forever completely releases and unconditionally releasedischarges CapuNet axx NAS, acquit and discharge the Note Holders any of their respective past and the Note Holder Affiliates present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns from any and all pastclaims, present or future claimsliabilities, damages, demands, liabilities, actions, and causes of action, debts, losses, counterclaims, set-offs, liabilities, damages action or suits liabilities of every kind any nature or nature which FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the Note Holder Affiliateskind, whether now known or unknown, asserted past, present, or unassertedfuture, absolute arising out of or contingentin any way connected with any action, accrued failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements. This release includes but is not accruedlimited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any and all claims premised on contract, tort, or any other legal theory. Covad expressly waives all rights it may have under Section 1542 of the Civil Code of the State of California, which reads as follows, or any similar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (c) Covad hereby agrees that it will not encourage or assist any individual or entity to assert, prosecute or litigate any claims, liabilities, damages, demands, or causes of action or liabilities of any nature or kind, or to assert, prosecute or file or litigate any judicial or administrative charges or claims arising out of or in any way connected with any action, failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements, including but not limited to those shareholder derivative claims, against CapuNet or NAS or their respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that Covad will provide each other Party with prior notice of any such subpoena or other legal process, and shall give them the opportunity to seek a protective order or take such other similar action to protect against such disclosure. (d) Covad hereby agrees to release the Collateral (as defined in the Note) and to execute and file all documents and take any and all other action that may be necessary or desirable to terminate any security interests or other claims or rights Covad may have in or to the Collateral. (e) CapuNet hereby covenants not to sue on, and fully and forever releases and discharges Covad, anx xny of its respective past and present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns from any and all claims, liabilities, damages, demands, and causes of action or liabilities of any nature or kind, whether now known or unknown, past, present, or future, arising out of, based upon, of or in any way related connected with any action, failure to act or obligation occurring, existing or arising prior to the (a) date hereof with respect to the Notes; (b) CapuNet Agreements. This release includes but is not limited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any obligations to make any paymentsand all claims premised on contract, tort, or any other monetary legal theory. CapuNet expressly waives all rights it may have under Section 1542 of non-monetary obligation or performance the Civil Code of any sort arising under Notes the State of California, which reads as follows, 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 interestsimilar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, 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; WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (f) CapuNet hereby agrees that it will not encourage or assist any lost profitsindividual or entity to assert, loss of business opportunitiesprosecute or litigate any claims, lost investment returnsliabilities, 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 Note Holders or the 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 claimsdamages, demands, actions, or causes of action or suits which FastFunds liabilities of any nature or the Company Affiliates assertedkind, attempted or to assert assert, prosecute or could have asserted against the Note Holders file or the Note Holder Affiliates (all litigate any judicial or administrative charges or claims arising out of which are hereinafter referred or in any way connected with any action, failure to as the "Released Company Claims") up act or obligation occurring, existing or arising prior to and including the date hereof; providedhereof with respect to the CapuNet Agreements, howeverincluding but not limited to shareholder derivative claims, against Covad or its respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that CapuNet will provide Covad with prior notice of any such subpoena or other legal process, and shall give them the obligations opportunity to seek a protective order or take such other similar action to protect against such disclosure. (g) NAS hereby covenants not to sue on, and fully and forever releases and discharges Covad, anx xny of its respective past and present affiliates, directors, officers, owners, limited or general partners, employees and agents, as well as their successors and assigns from any and all claims, liabilities, damages, demands, and causes of action or liabilities of any nature or kind, whether now known or unknown, past, present, or future, arising out of or in any way connected with any action, failure to act or obligation occurring, existing or arising prior to the date hereof with respect to the CapuNet Agreements. This release includes but is not limited to claims arising under federal, state or local laws, shareholder derivative claims, claims for attorneys' fees or costs, and any and all claims premised on contract, tort, or any other legal theory. NAS expressly waives all rights it may have under Section 1542 of the Note Holders Civil Code of the State of California, which reads as follows, or any similar provision: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR. (h) NAS hereby agrees that it will not encourage or assist any individual or entity to perform this Agreement are specifically excluded from assert, prosecute or litigate any claims, liabilities, damages, demands, or causes of action or liabilities of any nature or kind, or to assert, prosecute or file or litigate any judicial or administrative charges or claims arising out of or in any way connected with any action, failure to act or obligation occurring, existing or arising prior to the foregoing release. The Released Note Holder Claims date hereof with respect to the CapuNet Agreements, including but not limited to shareholder derivative claims, against Covad or its respective past and present affiliates, officers, directors, owners, limited or general partners, employees, agents, successors and assigns, unless required to provide testimony or documents pursuant to a lawful subpoena or other compulsory legal process, provided that NAS will provide Covad with prior notice of any such subpoena or other legal process, and shall give them the Released Company Claims may hereafter be referred opportunity to together as the “Released Claimsseek a protective order or take such other similar action to protect against such disclosure.”

Settlement and Release. FastFunds (a) Employee hereby fully and completely releases and waives and forever discharges the Company Affiliates hereby forever completely and unconditionally release, acquit and discharge the Note Holders and the Note Holder Affiliates 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 FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the Note Holder Affiliates, whether known or unknown, asserted suspected or unassertedunsuspected, absolute which exist or contingentmay exist as of the effective date of this Agreement arising out of any actions, accrued conduct, decisions, behavior, or not accruedevents occurring prior to the execution of this Agreement, including but not limited to those arising out ofwithout limitation any and all claims, based uponcomplaints, causes of action or demands relating in any way related to the (a) terms, conditions and circumstances of Employee's employment, the Notes; (b) any obligations to make any paymentsresignation by Employee as an officer of the Company and other capacities in which he served at the request of the Company, or any other monetary Employee's ownership of non-monetary obligation shares of common stock of the Company 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 options or other charges; rights to purchase shares of such common stock, whether based on state or federal statutory or common law claims for employment discrimination (e) any alleged negligenceincluding age, lack sex and disability discrimination), wrongful discharge, breach of due carecontract, 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 negligence or other business losses; (g) any alleged conspiracy or purportedly tortious conductbreach of duty, misapplication of proceeds, or alleged act or omission purportedly resulting in injury; (h) any alleged fraud, concealment, negligent or intentional misrepresentation, negligent misrepresentation, failure to make disclosure, or allegedly misleading or inaccurate statements purported to have been made to by Note Holders or the Note Holder Affiliates; (i) alleged intentional infliction of emotional distress, paindefamation, suffering promissory estoppel, breach of express or implied promise, breach of public policy, failure to pay wages or other similar injury; (j) any alleged costs, expenses, fees, charges, attorneys fees or expenses, expert witness fees or expensesbenefits, or third party costs, fees, expenses or charges, purportedly incurred; and (k) any other claimstheory, demandswhether legal or equitable. Employee makes this release on behalf of himself, actionshis estate and his heirs, causes personal representatives, administrators, executors, successors and assigns, and his release of action or suits which FastFunds or the Company Affiliates assertedextends to its successors, attempted subsidiaries, assigns, insurers and affiliates and all past and present directors, officers, employees and agents of such persons and companies. (b) Employee hereby agrees to assert or could have asserted against sign and deliver to Company at the Note Holders or the Note Holder Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereof; provided, however, that the obligations end of the Note Holders to perform work day on the effective date of resignation specified in Section 1 a Release in the same language as that used in Section 9 (a) above. The "effective date" of this Agreement are specifically excluded from shall be the foregoing release. The Released Note Holder Claims and first working day following the Released Company Claims may hereafter be referred to together as expiration of the “Released Claimstwenty-one (21) day rescission period associated with the first release set forth in Section 9(a), provided Employee does not exercise his right of rescission.”

Settlement and Release. FastFunds In exchange for payment of salary (in the amount of $450,000.00) and bonus (in the Company Affiliates amount of $247,500.00) to Xxxx Xxxxxxxx ("Employee"), by Storage Technology Corporation ("Company"), Employee hereby forever completely irrevocably and unconditionally releasereleases and discharges the Company, acquit its past and discharge the Note Holders present subsidiaries, divisions, officers, directors, agents, employees, successors, and the Note Holder Affiliates assigns (separately and collectively, "releasees") jointly and individually, from any and all pastclaims, present known or future unknown, which he, his heirs, successors or assigns have or may have against releasees and any and all liability which releasees may have to his whether denominated claims, demands, liabilities, actions, causes of action, debtsobligations, lossesdamages, counterclaimsor liabilities arising from any and all bases, set-offs, liabilities, damages or suits of every kind or nature which FastFunds or Company Affiliates now have or may hereafter accrue against Note Holders or the Note Holder Affiliates, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accruedhowever denominated, including but not limited to those arising out ofto, based uponany claims of discrimination under the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act, the Rehabilitation Act, the Family Medical Leave Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991 or any federal or state civil rights act, claims for wrongful discharge, breach of contract, or in for damages under any way related to the (a) the Notes; (b) other federal, state or local law, rule or regulation, or common law under any obligations to make theory, as well as any paymentsclaim for attorney's fees, costs or expenses under any of these or any other monetary of non-monetary obligation applicable statute, ordinance, regulation 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 Note Holders or the 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 FastFunds or the Company Affiliates asserted, attempted to assert or could have asserted against the Note Holders or the Note Holder Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereoflaw; provided, however, that this release does not affect (1) any claims for benefits which have vested or shall vest on or before the obligations effective date of this Settlement and Release ("Release") under any of the Note Holders Company's benefit plans; (2) any claims for indemnification for acts of Employee which have occurred or may occur as an officer or employee of the Company; or (3) any claims which may arise after the execution of this Release. This release specifically excepts any claim Employee may wish to perform this Agreement are specifically excluded from the foregoing release. The Released Note Holder Claims make for unemployment compensation, and the Released Company Claims may hereafter agrees not to contest any claim made by Employee for unemployment compensation. This release is for any relief, no matter how denominated, including, but not limited to, back pay, front pay, compensatory damages, punitive damages, or damages for pain and suffering. Employee further agrees that he will not file or permit to be referred filed on his behalf any such claim, will not permit himself to together as be a member of any class seeking relief against the “Released Claimsreleasees and will not counsel or assist in the prosecution of claims against the releasees, whether those claims are on behalf of himself or others, unless he is under a court order to do so.”

Settlement and Release. FastFunds 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 Company Affiliates 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 its officers, directors, employees, agents, attorneys, stockholders, parent corporations, subsidiaries, affiliates (as defined in rules under the Note Holders Securities Act of 1933), representatives, successors and assigns, and the Note Holder Affiliates 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 FastFunds the Note Holders or Company the Note Holder Affiliates now have or may hereafter accrue against Note Holders the FastFunds or the Note Holder 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 Note Holders FastFunds or the Note Holder 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 FastFunds the Note Holders or the Company Note Holder Affiliates asserted, attempted to assert or which could have asserted against the Note Holders FastFunds or the Note Holder Company Affiliates (all of which are hereinafter referred to as the "Released Company Claims") up to and including the date hereof; provided, however, that the obligations of the Note Holders FastFunds 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.”