Release of Claims by Holders. Each Holder hereby releases the Representative for all claims arising from the Representative’s performance of its services pursuant to this Revenue Sharing Agreement, except and to the extent that a Holder can demonstrate by clear and convincing evidence that such act or omission constituted gross negligence or intentional misconduct.
Release of Claims by Holders. In exchange for the covenants and commitments made by the Company under this Amendment, and except as otherwise provided in this Amendment, each of the Holders on behalf of itself and its heirs, successors, assigns, predecessors, corporate parents, corporate subsidiaries, partners, limited partners, and all of those entities’ current and former officers, directors, managing agents, partners, limited partners, members, shareholders, successors, assigns, employees, agents and attorneys (collectively, the “Releasing Parties”) hereby generally and completely releases the Company and its current and former directors, officers, employees, shareholders, members, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, investors and assigns of and from any and all claims, expenses, debts, demands, costs, liabilities, obligations, actions or causes of action, in each case both known and unknown, arising out of (directly or indirectly) or are in any way related to the Agreement, this Amendment, and any events, acts, conduct, or omissions occurring prior to or on the date the Holder signs this Amendment (collectively, the “Released Claims”). The Released Claims include, but are not limited to: (i) all claims of any kind (whether based in law, contract, equity or otherwise), including tort claims; (ii) all claims for breach of contract (oral or written), lost profits or other economic claims under any theory of law, equity or contract; and (iii) any claim for breach of any implied covenant of good faith and fair dealing. Notwithstanding the foregoing and for the avoidance of any doubt, this release of claims does not apply to any breach of this Amendment.
