WAIVER OF ACCRUED RIGHTS/MUTUAL RELEASES. 8.1 With effect from the Effective Date, each Party and each of its Affiliates (“Releasor”): (a) waives any accrued rights that Releasor may have accrued against the other Parties and each of its Affiliates, officers, directors, representative, agents and employees and the assigns and successors in interest of any of the foregoing entities (“Releasees”), whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever from the beginning of time to the Effective Date under the Betacure Agreements; and (b) fully and finally releases and discharges the Releasees from any and all manner of actions, claims, promises, debts, sums of money, demands, obligations, in law or in equity, directly or indirectly, whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever that Releasor may have by reason of any act, omission, matter, provision, cause or thing whatsoever from the beginning of time to the Effective Date under the Betacure Agreements. 8.2 For the avoidance of doubt the provisions of this Clause 8 shall not in any way act as a waiver by any of the Parties in respect of any of the provisions set forth in this Agreement (including, for the avoidance of doubt, Clause 3.8(a)).
Appears in 3 contracts
Samples: Termination Agreement, Termination Agreement (Zealand Pharma a/S), Termination Agreement (Zealand Pharma a/S)
WAIVER OF ACCRUED RIGHTS/MUTUAL RELEASES. 8.1 With effect from the Effective Date, each Party and each of its Affiliates (“Releasor”):
(a) 8.1.1 waives any accrued rights that Releasor may have accrued against the other Parties and each of its Affiliates, officers, directors, representative, agents and employees and the assigns and successors in interest of any of the foregoing entities (“Releasees”), whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever from the beginning of time to the Effective Date under the Betacure Newco Agreements; and
(b) 8.1.2 fully and finally releases and discharges the Releasees from any and all manner of actions, claims, promises, debts, sums of money, demands, obligations, in law or in equity, directly or indirectly, whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever that Releasor may have by reason of any act, omission, matter, provision, cause or thing whatsoever from the beginning of time to the Effective Date under the Betacure Newco Agreements.
8.2 For the avoidance of doubt the provisions of this Clause 8 shall not in any way act as a waiver by any of the Parties in respect of any of the provisions set forth in this Agreement (including, for the avoidance of doubt, Clause 3.8(a))Agreement.
Appears in 2 contracts
Samples: Termination Agreement (Imcor Pharmaceutical Co), Termination Agreement (Targeted Genetics Corp /Wa/)
WAIVER OF ACCRUED RIGHTS/MUTUAL RELEASES. 8.1 With effect from the Effective Date, each Party and each of its Affiliates (“"Releasor”"):
(a) 8.1.1 waives any accrued rights that Releasor may have accrued against the other Parties and each of its Affiliates, officers, directors, representative, agents and employees and the assigns and successors in interest of any of the foregoing entities (“"Releasees”"), whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever from the beginning of time to the Effective Date under the Betacure Newco Agreements; and
(b) 8.1.2 fully and finally releases and discharges the Releasees from any and all manner of actions, claims, promises, debts, sums of money, demands, obligations, in law or in equity, directly or indirectly, whether known or unknown, foreseen or unforeseen, fixed or contingent, of any nature whatsoever that Releasor may have by reason of any act, omission, matter, provision, cause or thing whatsoever from the beginning of time to the Effective Date under the Betacure Newco Agreements.
8.2 For the avoidance of doubt the provisions of this Clause 8 shall not in any way act as a waiver by any of the Parties in respect of any of the provisions set forth in this Agreement (including, for the avoidance of doubt, Clause 3.8(a))3.
8.1) or in respect of the DOR Shares or the DOR Note, which shall remain unmodified and in full force and effect.
Appears in 1 contract
Samples: Termination Agreement (Elan Pharmaceutical Investments LTD)