Common use of Waiver and Release of Claims and Defenses Clause in Contracts

Waiver and Release of Claims and Defenses. (a) Great Lakes hereby acknowledges, agrees and affirms that neither it nor any affiliate possesses any claims, defenses, offsets, recoupment, or counterclaims of any kind or nature against RACC or its affiliates or with respect to any of the GLUX/RACC Documents or this Agreement or the enforcement thereof (collectively, the “Claims”), nor do Great Lakes or its affiliates now have knowledge of any facts that would or might give rise to any Claims. If facts now exist that would or could give rise to any Claim against RACC or any of its affiliates or with respect to any of the GLUX/RACC Documents or this Agreement, or the enforcement thereof, Great Lakes, on its own behalf and on behalf of its affiliates, hereby unconditionally, irrevocably, and unequivocally waives and fully releases any and all such Claims as if such Claims were the subject of a lawsuit, adjudicated to final judgment from which no appeal could be taken, and therein dismissed with prejudice. In no event shall RACC or its affiliates be liable to Great Lakes or its affiliates, and Great Lakes, on its own behalf and on behalf of its affiliates, hereby waives, releases and agrees not to xxx for any special, indirect, punitive, exemplary, or consequential damages suffered by Great Lakes or its affiliates in connection with, or arising out of, or in any way related to any of the GLUX/RACC Documents or this Agreement, including without limitation lost profits, whatever the nature of a breach by RACC or its affiliates of any of their obligations under any of the GLUX/RACC Documents or this Agreement, and Great Lakes and RACC, each on its own behalf and on behalf of its affiliates, hereby waives all claims for special, indirect, punitive, exemplary, or consequential damages.

Waiver and Release of Claims and Defenses. (a) Great Lakes The Borrower Parties hereby acknowledgesacknowledge, agrees agree and affirms affirm that neither it nor any affiliate possesses Borrower and Guarantor do not possess any claims, defenses, offsets, recoupment, or counterclaims of any kind or nature against RACC Agent and/or the Lenders or its affiliates arising out of or with respect relating to the Credit Agreement or any of other Loan Document, the GLUX/RACC Documents loans evidenced or this Agreement secured thereby or any collateral for such loans, or the enforcement thereof (collectively, the “Claims”), nor do Great Lakes or its affiliates the Borrower Parties now have knowledge of any facts that would or might give rise to any Claims. If facts now exist that which would or could give rise to any Claim against RACC or any of its affiliates Agent and/or the Lenders or with respect to the Credit Agreement or any of the GLUX/RACC Documents or this Agreementother Loan Document, or the enforcement thereof, Great Lakes, on its own behalf and on behalf of its affiliates, the Borrower Parties hereby unconditionally, irrevocably, and unequivocally waives waive and fully releases release any and all such Claims as if such Claims were the subject of a lawsuit, adjudicated to final judgment from which no appeal could be taken, and therein dismissed with prejudice. The foregoing release shall not release Agent and/or the Lenders from liability for breach of this Agreement. In no event shall RACC or its affiliates Agent and/or the Lenders be liable to Great Lakes or its affiliatesthe Borrower Parties, and Great Lakesthe Borrower Parties hereby waive, on its own behalf release and on behalf of its affiliates, hereby waives, releases and agrees agree not to xxx for any special, indirect, punitive, exemplary, or consequential damages suffered by Great Lakes or its affiliates the Borrower Parties in connection with, or arising out of, or in any way related to any of the GLUX/RACC Documents or this AgreementLoan Documents, including including, without limitation limitation, lost profits, whatever the nature of a breach by RACC or Agent and/or the Lenders of its affiliates of any of their obligations under this Agreement or any of the GLUX/RACC Documents or this Agreementother Loan Documents, and Great Lakes and RACC, each on its own behalf and on behalf of its affiliates, hereby waives the Borrower Parties waive all claims for special, indirect, punitive, exemplary, or consequential damages.