Common use of The Company’s Release Clause in Contracts

The Company’s Release. The Company, on the Company’s own behalf and on behalf of the Company’s divisions, subsidiaries, parents, or affiliated entities, past, present and future, and successors and assigns and each of them, to be effective only on the Separation Date, acknowledges full and complete satisfaction of, and releases and discharges and covenants not to xxx Executive or Executive’s descendants, dependents, heirs, executors, administrators, assigns and successors, and each of them, as well as Executive’s attorneys, representatives, agents or employees, past, present and future, or any of them (individually or collectively, the “Executive Releasees”), from and with respect to any and all claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected, arising out of or in any way connected with the Company’s (or its affiliates’) employment of Executive or any other relationship with or interest in the Company or the termination thereof, including, without limitation, any claims against Executive with respect to Executive’s performance or alleged non-performance, or any other claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected resulting from any action or omission by or on behalf of Executive or the Executive Releasees committed or omitted prior to the date of this Separation Agreement, including, without limitation, any and all pending or future claims by any existing or future plaintiff or regulatory agency, and including, without limitation, any and all other Claims or claims asserted from time to time by such plaintiffs and future plaintiffs or such government agencies or future government agencies which the Company or any of its divisions, subsidiaries, parents or affiliated entities, past, present or future, and each of them, now owns or holds, or has at any time heretofore owned or held, or may at any time own or hold by reason of any matter or thing arising from or based upon any cause whatsoever prior to the Separation Date (the “Litigation Claims”); provided, however, that such release shall not apply to any obligation created by or specifically provided for in this Separation Agreement for which receipt or satisfaction has not been acknowledged.

Appears in 2 contracts

Samples: Separation Agreement (IMH Financial Corp), Separation Agreement (IMH Financial Corp)

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The Company’s Release. The Upon execution of this Agreement, the Company, on behalf of itself and its predecessors, successors, agents, affiliates, subrogees, insurers, representatives, personal representatives, legal representatives, transferees, assigns and successors in interest of assigns, and any firm, trust, corporation, partnership, investment vehicle, fund, or other entity managed or controlled by the Company or in which the Company has or had a controlling interest (collectively, “the Company’s own behalf and on behalf Releasors”), in consideration of the Company’s satisfaction of the items set forth in Section 1 of this Agreement, hereby remises, releases, acquits and forever discharges Shareholder and any and all of its respective direct or indirect affiliates, parent companies, divisions, subsidiaries, parentsagents, or affiliated entitiesconsultants, pastemployees, present and futurelegal counsel, and successors and assigns and each of themofficers, to be effective only on the Separation Datedirectors, acknowledges full and complete satisfaction ofmanagers, and releases and discharges and covenants not to xxx Executive or Executive’s descendantsshareholders, dependentsstockholders, heirsstakeholders, executorsowners, predecessors, successors, assigns, subrogees, insurers, trustees, trusts, administrators, assigns fiduciaries and successors, and each of them, as well as Executive’s attorneys, representatives, agents or employees, past, present and future, or if any of them (individually or collectively, the Executive Shareholder’s Releasees”), of and from and with respect to any and all claimsfederal, state, local, foreign and any other jurisdiction’s statutory or common law claims (including claims for contribution and indemnification) causes of action, complaints, actions, suits, defenses, debts, sums of money, accounts, covenants, controversies, agreements, obligationspromises, losses, damages, orders, judgment and demands and causes of actionany nature whatsoever, in law or equity, known or unknown, suspected of any kind, including, but not limited to, claims or unsuspectedother legal forms of action arising from the Exchange, arising out of this Agreement or in any way connected related transaction documents, or from any other conduct, act, omission or failure to act, whether negligent, intentional, with or without malice, that the Company’s (or its affiliates’) employment of Executive or any other relationship with or interest in the Company or the termination thereof, including, without limitation, any claims against Executive with respect to Executive’s performance or alleged non-performance, or any other claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected resulting from any action or omission by or on behalf of Executive or the Executive Releasees committed or omitted prior to the date of this Separation Agreement, including, without limitation, any and all pending or future claims by any existing or future plaintiff or regulatory agency, and including, without limitation, any and all other Claims or claims asserted from time to time by such plaintiffs and future plaintiffs or such government agencies or future government agencies which the Company or any of its divisions, subsidiaries, parents or affiliated entities, past, present or future, and each of themReleasors ever had, now owns or holdshave, or has at any time heretofore owned or heldmay have, may claim to have, or may at any hereafter have or claim to have, against Shareholder’s Releasees, from the time own that the Shareholder became an owner of record or hold by reason beneficially of any matter or thing arising from or based upon any cause whatsoever prior shares of the Common Stock up to and including the Separation Date (Effective Date. Nothing in the “Litigation Claims”); provided, however, that such foregoing release shall not apply release any claim to any obligation created by or specifically provided for in enforce this Separation Agreement for which receipt or satisfaction has not been acknowledgedAgreement.

Appears in 1 contract

Samples: Exchange Agreement (GroGenesis, Inc.)

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The Company’s Release. The Company, on the Company’s own behalf and on behalf of the Company’s divisions, subsidiaries, parents, or affiliated entities, past, present and future, and successors and assigns and each of them, to be effective only on the Separation Date, acknowledges full and complete satisfaction of, and releases and discharges and covenants not to xxx Executive or Executive’s descendants, dependents, heirs, executors, administrators, assigns and successors, and each of them, as well as Executive’s attorneys, representatives, agents or employees, past, present and future, or any of them (individually or collectively, the “Executive Releasees”), from and with respect to any and all claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected, arising out of or in any way connected with the Company’s (or its affiliates’) employment of Executive or any other relationship with or interest in the Company or the termination thereof, including, without limitation, any claims against Executive with respect to Executive’s performance or alleged non-performance, or any other claims, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected resulting from any action or omission by or on behalf of Executive or the Executive Releasees committed or omitted prior to the date of this Separation Agreement, including, without limitation, any and all pending or future claims by any existing or future plaintiff or regulatory agency, including, without limitation, those allegations asserted by plaintiffs and regulatory agencies against Executive set forth in the pleadings or government inquiries related to the case matters summarized on Exhibit 10.2 attached hereto, and including, without limitation, any and all other Claims or claims asserted from time to time by such plaintiffs and future plaintiffs or such government agencies or future government agencies which the Company or any of its divisions, subsidiaries, parents or affiliated entities, past, present or future, and each of them, now owns or holds, or has at any time heretofore owned or held, or may at any time own or hold by reason of any matter or thing arising from or based upon any cause whatsoever prior to the Separation Date (the “Litigation Claims”); provided, however, that such release shall not apply to any obligation created by or specifically provided for in this Separation Agreement for which receipt or satisfaction has not been acknowledged.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (IMH Financial Corp)

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