Settlement and Release Agreement Sample Contracts

COVENANTS
Settlement and Release Agreement • December 31st, 2008 • Con-Way Inc. • Trucking (no local) • Illinois
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SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • June 28th, 2024 • Synergy CHC Corp. • Medicinal chemicals & botanical products • North Carolina

This Settlement and Release Agreement (“Agreement”) by and between Synergy CHC Corp., a Nevada corporation (“Releasor”), the former shareholders (the “Shareholders”) of Breakthrough Products, Inc., a Delaware corporation (the “Company”), URX ACQUISITION TRUST, a Delaware statutory trust (the “Trust”), on its own behalf and as the representative of the Shareholders, David T. Leyrer (“Leyrer”), Michael Valentino (“Valentino”), Ron Fugate (“Fugate”), and Randall Kaplan (“Kaplan”, and collectively with Leyrer, Valentino, Fugate, the “Former Directors”) is dated and effective as of the 17th day of December, 2015.

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • November 26th, 2008 • Xenacare Holdings, Inc. • Biological products, (no disgnostic substances) • Florida

This Settlement and Release Agreement (the “Agreement”) is entered into this 5th day of November 2008 by and between Xenacare Holdings, Inc., (“XCH” or “Debtor”) and FLORIDA CARTOON COLLECTORS, INC., a creditor of the Company (Creditor”).

FIRST AMENDED SETTLEMENT AND RELEASE AND STOCK AND WARRANT ISSUANCE AGREEMENT
Settlement and Release Agreement • April 24th, 2014 • Macatawa Bank Corp • State commercial banks • Michigan

This First Amended Settlement and Release and Stock and Warrant Issuance Agreement (hereinafter “Amended Agreement”) is made and entered into by and among the law firms of Nickens, Keeton, Lawless, Farrell & Flack LLP, through Thomas Farrell, and Moulton & Meyer, LLP, through Cynthia R. Levin Moulton, counsel for the majority of Plaintiffs in the Entire Action (defined below), Macatawa Bank Corp. and Macatawa Bank and Richard Deardorff.

CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “***”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING...
Settlement and Release Agreement • March 13th, 2008 • Phenomix CORP • Pharmaceutical preparations • Delaware

This SETTLEMENT AND RELEASE AGREEMENT (this “Agreement”) is entered into as of August 1, 2006 (the “Effective Date), by, between and among ACTIVX BIOSCIENCES, INC., a Delaware corporation (“ActivX”), and DAVID CAMPBELL, an individual (“Campbell”), DAVID WINN, an individual (“Winn”), JUAN BETANCORT, an individual (“Betancort”), and PHENOMIX CORPORATION, a Delaware corporation (“Phenomix”) on the other hand (Campbell, Winn, Betancort and Phenomix are sometimes referred to as “the Phenomix Parties”). This Agreement, which shall not be effective until it is signed by all Parties, is made with reference to the following Recitals:

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • May 5th, 2020 • New York

This Settlement and Release Agreement is made effective September 1, 1999, by and among the United States of America, as represented by the National Aeronautics and Space Administration ("NASA"), Power Efficiency Corporation, a corporation organized under the laws of the State of Delaware, U.S.A. ("PEC") and Siemens Energy & Automation, Inc., a corporation organized under the laws of the State of Delaware, U.S.A. ("SE&A").

April 30, 2009
Settlement and Release Agreement • July 24th, 2014 • Macatawa Bank Corp • State commercial banks • Michigan

This letter agreement, when fully executed by the parties and approved by Federal Insurance Company and Progressive Casualty Insurance Company, shall constitute the second amendment to the Settlement and Release Agreement and Stock and Warrant Issuance Agreement executed as of November 12, 2008, and as amended by the First Amended Settlement and Release Agreement and Stock and Warrant Issuance Agreement executed as of January 30, 2009 (collectively, the “Agreement”).

WITNESSETH:
Settlement and Release Agreement • July 9th, 2004 • Arbinet Thexchange Inc • New Jersey
AMENDMENT NO. 1 TO SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • August 19th, 2019 • CBS Corp • Television broadcasting stations

This AMENDMENT NO. 1 (this “Amendment”), dated as of August 13, 2019, to that certain Settlement and Release Agreement, dated as of September 9, 2018 (as it may be amended, supplemented or modified in accordance with its terms, the “Agreement”), by and among the Parties, is hereby entered into by and among:

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • November 4th, 2010 • Icop Digital, Inc • Radio & tv broadcasting & communications equipment

This Settlement and Release Agreement (“Agreement”) is made and entered as of the 1st day of November, 2010 (the “Effective Date”), between ICOP Digital, Inc. (“ICOP”) and Iroquois Master Fund, Ltd. (“Iroquois”). ICOP and Iroquois together are referred to as the “Parties,” and sometimes individually as “Party.”

Settlement and Release Agreement
Settlement and Release Agreement • November 14th, 2005 • Publicard Inc • Computer peripheral equipment, nec • California

This Settlement and Release Agreement (the “Agreement”) is hereby made and entered into by and among Triro Equities Co., a Texas general partnership; Leonard M. Ross, individually and as Trustee of the Leonard M. Ross Revocable Trust (u/d/t 12-20-85); Rossco Holdings Incorporated, a California corporation; Mill Equities Co., a California general partnership; Lodgeco Properties, Ltd., a Texas limited partnership; and CHSC, Ltd. (collectively, the “Ross Parties”) and PubliCARD, Inc. (“PubliCARD”), Harry I. Freund, Jay Goldsmith, Jan-Erik Rottinghuis, and Antonio L. (“Tony”) DeLise (collectively, the “PubliCARD Parties”) for the consideration described below. The parties hereby covenant and agree as follows:

AGREEMENT
Settlement and Release Agreement • February 26th, 2008 • Illumina Inc • Laboratory analytical instruments • California

This Settlement and Release Agreement is made and entered into as of the date of the last PARTY to sign the Agreement below (the “Effective Date”), by and between Affymetrix, Inc., a corporation organized under the laws of the State of Delaware having a principal place of business at 3380 Central Expressway, Santa Clara, CA 9505, (“AFFYMETRIX”) on behalf of itself and its AFFILIATES, their successors and assigns, and Illumina, Inc., a corporation organized under the laws of the State of Delaware having a principal place of business at 9885 Towne Center Drive, San Diego, California, 92121 (“ILLUMINA”) on behalf of itself and its AFFILIATES, their successors and assigns. The signatories to this Agreement are sometimes referred to herein jointly as the “PARTIES” and individually as a “PARTY”.

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • February 20th, 2020 • New Residential Investment Corp. • Real estate investment trusts • New York

This Settlement and Release Agreement (this “Agreement”) is entered into as of January 27, 2020 by and between Ditech Holding Corporation, a Maryland corporation (the “Company”), Ditech Financial LLC, a Delaware limited liability company (together with the Company, the “Sellers” and each a “Seller”), and New Residential Investment Corp., a Delaware corporation (“Buyer”). Sellers and Buyer are referred to herein each as a “Party” and together as the “Parties”. Capitalized terms used in this Agreement that are not specifically defined otherwise, will have the meanings ascribed to them as set out in the Purchase Agreement, as that term is defined below.

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • May 28th, 2024 • KeyStar Corp. • Retail-miscellaneous retail • Nevada

This SETTLEMENT AND RELEASE AGREEMENT (the “Agreement”) is made and entered into this 23rd day of May 2024 (“Effective Date”) by and among ZenSports, Inc., a Delaware corporation ( “ZenSports”), Mark Thomas, an individual and founder and Chief Executive Officer of ZenSports (“Mr. Thomas” and, together with ZenSports, the “ZenSports Parties”), KeyStar Corp., a Nevada corporation (“KeyStar”), and Bruce Cassidy, an individual and Chairman of the Board of Directors and Chief Executive Officer of KeyStar (“Mr. Cassidy” and, together with KeyStar, the “KeyStar Parties”). The foregoing individuals and entities are at times referred to herein collectively as the “Parties,” or individually as a “Party.”

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • May 23rd, 2011 • Wordlogic Corp • Services-business services, nec • Florida

THIS SETTLEMENT AND RELEASE AGREEMENT (the “Agreement”) is made and entered into on February 2, 2011 (the “Effective Date”), by and between Mirador Consulting, Inc., a Florida corporation with its principal offices in Boca Raton, Florida (“Mirador”) and WordLogic Corporation, a Nevada corporation with its principal offices in Vancouver, British Columbia, Canada (“WLGC”).

Settlement and Release Agreement
Settlement and Release Agreement • November 1st, 2017

This Settlement and Release Agreement (“Agreement”) dated as of October 30, 2017 is entered into by Plaintiffs Joanne Farrell, Ronald Dinkins, Larice Addamo, and Tia Little (“Plaintiffs”) on behalf of the Settlement Class defined herein, and Bank of America, N.A. (“BANA”). Plaintiffs and BANA are each individually a “Party” and are collectively the “Parties.” The Parties hereby agree to the following terms in full settlement of the action titled Farrell v. Bank of America, N.A., No. 3:16-CV-00492-L-WVG (S.D. Cal.) (“Action”), subject to Final Approval, as defined below, by the United States District Court for the Southern District of California (“Court”).

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • November 20th, 2019 • Growlife, Inc. • Glass products, made of purchased glass • Texas

This Settlement and Release Agreement (this “Agreement”) is dated as of October 22, 2019 (the “Effective Date”), by and between GrowLife Innovations, Inc., a Washington corporation, (“Transferor” or “GrowLife”), and All Commercial Floors, Inc., a Texas corporation, (“Transferee” or “ACF”). Transferor and Transferee may collectively be referred to herein as the “Parties” or individually as “Party.”

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • February 1st, 2021 • Dime Community Bancshares, Inc. /NY/ • National commercial banks • New York

This Settlement and Release Agreement (the “Agreement”) is entered into as of January 26, 2021 by and among Howard H. Nolan (the “Executive”), Bridge Bancorp, Inc., a New York corporation (“Bridge”), and BNB Bank.

GENERAL RELEASE AGREEMENT
Settlement and Release Agreement • July 9th, 2014 • Mandalay Digital Group, Inc. • Patent owners & lessors • California

This Settlement and Release Agreement (the “Agreement”) is entered into by and between Jeffrey Klausner (hereinafter “Employee”) and Mandalay Digital Group, Inc. (hereinafter the “Company”).

AGREEMENT
Settlement and Release Agreement • April 17th, 2008 • Zale Corp • Retail-jewelry stores

THIS AGREEMENT (“Agreement”) is made and entered into on this 11th day of April 2008 by and among (i) Zale Corporation and Zale Delaware, Inc. (collectively “Zale”), (ii) Claire’s Stores, Inc. and Claire’s Boutiques, Inc. (collectively “Claire’s”), and (iii) John A. Zimmermann (“Zimmermann”).

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SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • September 16th, 2021 • Regen BioPharma Inc • Pharmaceutical preparations • California

This Settlement and Release Agreement (the "Agreement") is entered into by and between CHEMDIV, INC. ("Chemdiv"), REGEN BIOPHARMA, INC. ("Regen"), ZANDER THERAPEUTICS, INC., and DAVID KOOS ("Koos"). Regen, Zander, and Koos may sometimes be collectively referred to herein as "Defendants." Chemdiv and Defendants are sometimes collectively referred to herein as the "Parties."

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • May 5th, 2015 • Hpev, Inc. • Services-educational services • New York

This Settlement and Release Agreement (hereinafter, the “Agreement”) shall be effective as of May 1, 2015 (the “Effective Date”) by and between SPIRIT BEAR LIMITED (“Spirit Bear”) and its Assignees, as such term is defined hereinafter in the final recital, and HPEV, INC. (“HPEV”); each of Spirit Bear and HPEV, individually a “Party” or collectively, the “Parties”.

Settlement And Release Agreement Template
Settlement and Release Agreement • November 25th, 2020

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SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • August 10th, 2020 • Verb Technology Company, Inc. • Services-personal services • New York

THIS SETTLEMENT AND RELEASE AGREEMENT (“Agreement”) is made and entered into as of August 6, 2020 (the “Effective Date”) by and among Verb Technology Company, Inc., a Nevada corporation (the “Company”), and Kingsbrook Opportunities Master Fund LP (“Kingsbrook”). The foregoing parties are each referred to individually as a “Party” and collectively as the “Parties” herein. Capitalized terms used and not otherwise defined herein have the meanings given to such terms in that certain Securities Purchase Agreement dated as of August 8, 2019 by and among the Parties and the other purchasers party thereto (the “Securities Purchase Agreement”).

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • November 19th, 2002 • Enchira Biotechnology Corp • Services-commercial physical & biological research • Texas

This Settlement and Release Agreement (the “Settlement and Release Agreement”) is made this 16th day of August, 2002 (the “Effective Date”), by and between Enchira Biotechnology Corporation, a Delaware corporation (the “Company”), and Paul G. Brown, III (“Brown”).

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • July 18th, 2019 • Body & Mind Inc. • Pharmaceutical preparations • California

This settlement and release agreement (this “Agreement”) is made and entered into as of June 19, 2019, by and between Body and Mind Inc., a Nevada corporation (“BaM”), BAM’s subsidiaries, NMG Long Beach, LLC, a California limited liability company (“NMG LB”) and NMG San Diego, LLC, a California limited liability company (“NMG SD”) on one hand, and Green Light District Holdings, Inc., a Delaware corporation (“GLDH”), The Airport Collective Inc., a California non-profit mutual benefit corporation (“Airport”), David Barakett, an individual (“Mr. Barakett”) (GLDH, Airport, and Mr., Barakett shall collectively be referred to as, the “Barakett Parties”) and SGSD, LLC, a Nevada limited liability company (“SGSD”) on the other hand. Collectively, the aforementioned Parties shall be referred to herein as the “Parties” or individually as a “Party.”

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • August 19th, 2014 • Real Goods Solar, Inc. • Construction - special trade contractors • Colorado

THIS SETTLEMENT AND RELEASE AGREEMENT (this “Agreement”) is made and entered into this 12th day of May, 2014 (the “Effective Date”) by and among (i) SYNDICATED SOLAR, INC., a Delaware corporation, and SYNDICATED SOLAR, INC. d/b/a Syndicated Solar Construction, a California corporation (each a “Seller” and collectively, “Seller”), (ii) JUSTIN PENTELUTE, an individual resident of the State of Colorado (“Owner”), (iii) REAL GOODS SYNDICATED, INC., a Delaware corporation (“Buyer”), and (iv) REAL GOODS SOLAR, INC., a Colorado corporation (“Parent”). Seller, Owner, Buyer and Parent are individually referred to here in a “Party” and collectively as the “Parties”.

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • August 6th, 2008 • Alphatec Holdings, Inc. • Surgical & medical instruments & apparatus • Massachusetts

This Agreement is by and between DePuy Spine, Inc. and Biedermann Motech GmbH (collectively, “Plaintiffs”), on the one hand, and Alphatec Spine, Inc. (“Alphatec” or “Defendant”), on the other hand. Plaintiffs and Defendant are sometimes collectively referred to herein as a “Party” and collectively as the “Parties.” This Settlement and Release Agreement is effective as of May 5, 2008 (the “Effective Date”).

SETTLEMENT AND RELEASE AGREEMENT AS TO PREGRA, LLC
Settlement and Release Agreement • January 10th, 2011 • California
Strictly Private & Confidential
Settlement and Release Agreement • May 6th, 2014 • California Gold Corp. • Metal mining
EXHIBIT DESCRIPTION Settlement and Release Agreement regarding Loss of ORBCOMM CDS and Quick Launch 1-5 Satellites dated December 10, 2009
Settlement and Release Agreement • March 16th, 2010 • ORBCOMM Inc. • Communications services, nec

* Registrant requested confidential treatment pursuant to Rule 24b-2 for a portion of the referenced exhibit and is filing a redacted version with this report.

SETTLEMENT AND RELEASE AGREEMENT
Settlement and Release Agreement • May 31st, 2021

This Settlement and Release Agreement (the “Settlement” or “Agreement”) is made and entered by and between Plaintiff James Baggott (the “Named Plaintiff”), on behalf of himself and all others similarly situated, and ABC Phones of North Carolina, Inc. d/b/a Victra and formerly d/b/a A Wireless (“ABC” or “Defendant”) (together with the Named Plaintiff, the “Parties”). The Parties hereby agree as follows:

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION
Settlement and Release Agreement • May 19th, 2022
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