Common use of General Releases Clause in Contracts

General Releases. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Plaintiffs, for themselves, their administrators, representatives, executors, successors and assigns, and each of their past and present officers, directors, board members, partners, owners, members, supervisors, employees, affiliates, agents and attorneys, including, without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Plaintiff Releasors”), do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each of the Defendants’ past and present officers, officials, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents and attorneys, successors and assigns, including without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Defendant Releasees”), and each of them from any and all charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including reasonable attorneys’ fees and costs that could be awarded in this Lawsuit) (collectively “Claims”) of any nature whatsoever, whether known or unknown, whether in law or equity, whether joint or several, and whether or not discoverable, including Claims arising under the United States, the Statutes, local or other governmental codes and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the allegations contained in the Lawsuit which Plaintiff Releasors may have against each or any of the Defendant Releasees, which Claims arose on or before the Effective Date this Agreement, EXCEPT that Plaintiff Releasors do not release any claim to enforce the terms of this Agreement.

General Releases. For good (a) Effective upon the Closing, Sellers, on behalf of themselves and valuable considerationtheir respective past, the receipt present and sufficiency of which is hereby acknowledgedfuture subsidiaries, Plaintiffsparents, for themselvesdivisions, their administratorsAffiliates, agents, representatives, executorsinsurers, attorneys, successors and assigns (collectively, the “Seller Releasing Parties”), hereby release, remise, acquit and forever discharge the Buyer and its past, present and future subsidiaries, parents, divisions, Affiliates, agents, representatives, insurers, attorneys, successors and assigns, and each of its and their past and present respective directors, managers, officers, directorsemployees, board shareholders, members, partnersagents, representatives, attorneys, contractors, subcontractors, independent contractors, owners, members, supervisors, employees, affiliates, agents insurance companies and attorneys, including, without limitation, any and all persons acting by, through, under or in concert with any of them partners (collectively, the “Plaintiff ReleasorsBuyer Released Parties”), do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each of the Defendants’ past and present officers, officials, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents and attorneys, successors and assigns, including without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Defendant Releasees”), and each of them from any and all charges, complaints, claims, grievancescontracts, liabilities, obligations, promises, agreements, controversies, damages, remedies, actionsdemands, causes of action, disputes, controversies, suits, rightscross-claims, demands, coststorts, losses, debts and expenses (including reasonable attorneys’ fees and expenses, obligations, agreements, covenants, damages, Liabilities, costs that could be awarded in this Lawsuit) (collectively “Claims”) of any nature whatsoeverand expenses, whether known or unknown, whether in anticipated or unanticipated, whether claimed or suspected, whether fixed or contingent, whether yet accrued or not, whether damage has resulted or not, whether at law or in equity, whether joint or several, and whether or not discoverable, including Claims arising under the United States, the Statutes, local or other governmental codes and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the allegations contained in the Lawsuit which Plaintiff Releasors may have against each agreement or imposed by statute, common law of any kind, nature, or description, including, without limitation as to any of the Defendant Releaseesforegoing, any claim by way of indemnity or contribution, which Claims arose on any Seller Releasing Party has, may have had or before may hereafter assert against any Buyer Released Party arising from or related in any way, either directly or indirectly, to any action or inaction of any Buyer Released Party relating in any way to Sellers and/or the Effective Date Business, including without limitation, any action or inaction of any Buyer Released Party relating to the Chapter 11 Cases; provided, however, that the foregoing release shall not apply to the Sellers’ rights or the Buyer’s obligations under this AgreementAgreement (including Section 6.10 hereof), EXCEPT that Plaintiff Releasors do not release any claim to enforce Related Agreements and/or any other agreements entered into in connection with the terms of this Agreementtransactions contemplated hereby.

General Releases. For good (a) Effective as of immediately prior to the Closing, the Rangers Subsidiary, for itself and valuable considerationfor its present subsidiaries (as well as each of their respective predecessors, successors, and assigns) and each of its past and present directors, managers, officers, employees, agents, representatives, shareholders, members, partners, owners, principals, beneficiaries, trustees and fiduciaries (as well as each of their predecessors, successors, assigns and heirs), in each case in their respective capacities as such (collectively, the “Subsidiary Releasing Parties”), for and in consideration of the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement, the receipt and sufficiency of which is are hereby acknowledged, Plaintiffsdo hereby fully, for themselvesfinally, their administratorsand forever release, representativesacquit, executorsand discharge Seller (as well as each of its predecessors, successors successors, and assigns, ) and each of their respective past and present directors, managers, officers, directorsemployees, board agents, representatives, shareholders, members, partners, owners, membersprincipals, supervisorsAffiliates, employeessubsidiaries, affiliatesbeneficiaries, agents trustees and attorneysfiduciaries (as well as each of their respective predecessors, includingsuccessors, without limitationassigns and heirs), in each case in their respective capacities as such (collectively, the “Seller Released Parties”), from: any and all persons acting byproceedings, throughagreements, under or in concert with any of them (collectivelycontracts, “Plaintiff Releasors”)debts, do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each of the Defendants’ past and present officers, officials, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents and attorneys, successors and assigns, including without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Defendant Releasees”), and each of them from any and all chargesdefaults, complaints, claims, grievances, liabilities, obligations, promises, agreementsduties, orders, rulings, audits, settlements, cross- actions, controversies, damages, remedies, actionsindemnities, causes of action, suitsXxxxxx, rightsliability, demandsobligations, rights against the Seller Released Parties, rights to reimbursement for fees, costs, losses, debts and expenses including consultants’ and attorney’s fees and expenses (including reasonable attorneys’ fees and costs any of the foregoing that could be awarded would arise with the giving of notice and/or the passage of time) of every nature whatsoever (whether direct or indirect, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due) whether based upon tort, fraud, usury, act, omission, representation, failure to disclose, breach of any duty of fair dealing, default, breach of confidence, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate or other governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander, breach of fiduciary duty, breach of any duty of fair dealing or good faith, breach of confidence, breach of finding commitment, breach of any duty of loyalty, breach of any duty to account to the Rangers Subsidiary, breach of any other duty, appropriation of any business opportunity of the Rangers Subsidiary, dealing with the Rangers Subsidiary in this Lawsuit) an adverse manner, competitive business activity of any kind or nature, conspiracy or any other claim (such items being referred to collectively as “Claims”) ), now held, owned or possessed by any of the Subsidiary Releasing Parties, or that any nature whatsoeverof the Subsidiary Releasing Parties may hereafter hold or claim to hold from the beginning of time to the date of this Agreement, whether under contract, tort, common law, statutory right or other legal or equitable theory of recovery, known or unknown, whether arising, directly or indirectly, proximately or remotely, out of, concerning, or in law any way related to any and all documents, instruments, certifications, guaranties, indemnity agreements and other agreements of whatever kind or equitynature made, whether joint or several, and whether or not discoverable, including Claims arising under the United States, the Statutes, local or other governmental codes executed and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the allegations contained in the Lawsuit which Plaintiff Releasors may have against each or any of the Defendant Releasees, which Claims arose on or before the Effective Date this Agreement, EXCEPT that Plaintiff Releasors do not release any claim to enforce the terms of this Agreementdelivered by Seller.

General Releases. For good and valuable considerationEffective upon the full execution of this Settlement Agreement by the Parties, the receipt Municipality, on behalf of itself, and sufficiency of which is hereby acknowledged, Plaintiffs, for themselves, their administratorsits agents, representatives, executorspersonal representatives, subsidiaries, partners, managers, members, officers, directors, employees, shareholders, affiliates, divisions, predecessors, successors, and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against ComEd and/or any of its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, agents, lenders, employees, attorneys, personal representatives, successors and assigns. Contemporaneously, and as part of this mutual release, ComEd, on behalf of itself and each of their past and present its agents, representatives, personal representatives, subsidiaries, partners, managers, members, officers, directors, board employees, shareholders, affiliates, divisions, successors, predecessors and assigns, hereby waives, releases, relinquishes, and forever discharges any and all claims, suits, causes of action, debts, liens, demands, liabilities, obligations, covenants, controversies, agreements, promises, damages, costs, and expenses of any nature or kind whatsoever, at law or in equity, related to the MUT due or allegedly due to the Municipality on or before December 31, 2016, which it has brought or could have brought as of the date of this Settlement Agreement, against the Municipality and/or its respective affiliates or its respective members, managers, officers, directors, shareholders, owners, partners, ownersagents, members, supervisorslenders, employees, affiliates, agents and attorneys, including, without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Plaintiff Releasors”), do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each of the Defendants’ past and present officers, officials, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents and attorneys, successors and assigns, including without limitation, any and all persons acting by, through, under or in concert with any of them (collectively, “Defendant Releasees”), and each of them from any and all charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including reasonable attorneys’ fees and costs that could be awarded in this Lawsuit) (collectively “Claims”) of any nature whatsoever, whether known or unknown, whether in law or equity, whether joint or several, and whether or not discoverable, including Claims arising under the United States, the Statutes, local or other governmental codes and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the allegations contained in the Lawsuit which Plaintiff Releasors may have against each or any of the Defendant Releasees, which Claims arose on or before the Effective Date this Agreement, EXCEPT that Plaintiff Releasors do not release any claim to enforce the terms of this Agreement.

General Releases. For good (a) The Executive, on behalf of himself and valuable considerationanyone claiming through him, hereby agrees not to sue the receipt and sufficiency Company or any of which is hereby acknowledgedits divisions, Plaintiffssubsidiaries, for themselvesaffiliates or xxxer related entities (whether or not such entities are wholly owned) or any of the past or present directors, their officers, administrators, representativestrustees, executors, successors and assigns, and each of their past and present officers, directors, board members, partners, owners, members, supervisorsfiduciaries, employees, agents or attorneys of the Company or any of such other entities, or the predecessors, successors or assigns of any of them (hereinafter referred to as the "Released Parties"), and agrees to release and discharge, fully, finally and forever, the Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which the Executive ever had or may presently have against any of the Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to the Executive's employment by the Company or any of its affiliates, agents the terms and attorneysconditions thereof, any failure to promote the Executive and the termination or cessation of the Executive's employment with the Company or any of its affiliates, and including, without limitation, any and all persons acting byclaims arising under the Civil Rights Act of 1964, throughas amended, under the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Wisconsin Fair Employment Act, the Wisconsin Family Leave Act or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrine; provided, however, that nothing contained in concert with this Section 11 shall apply to, or release the Company from, any of them (collectively, “Plaintiff Releasors”), do hereby irrevocably and unconditionally release, acquit and forever discharge Defendants – NYSPR, Xxxxxx, FFPC, and Xxxxxxxx X. Xxxxxxxxx Four Freedoms Park, LLC – and each obligation of the Defendants’ past Company contained in this Agreement or any obligation of the Company to indemnify the Executive pursuant to the Company's charter or by-laws or any indemnification agreement between the Company and present officersthe Executive. The consideration offered herein is accepted by the Executive as being in full accord, officialssatisfaction, representatives, directors, partners, owners, members, board members, supervisors, employees, affiliates, agents compromise and attorneys, successors and assigns, including without limitation, settlement of any and all persons acting by, through, under claims or in concert with any of them (collectively, “Defendant Releasees”)potential claims, and each of them from the Executive expressly agrees that he is not entitled to, and shall not receive, any and all charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including reasonable attorneys’ fees and costs that could be awarded in this Lawsuit) (collectively “Claims”) further recovery of any nature whatsoever, whether known or unknown, whether in law or equity, whether joint or several, and whether or not discoverable, including Claims arising under kind from the United States, the Statutes, local or other governmental codes and/or statutes and/or state laws and/or city laws, Constitutions, common law, and/or claims arising out of the allegations contained in the Lawsuit which Plaintiff Releasors may have against each Company or any of the Defendant Releaseesother Released Parties, which Claims arose and that in the event of any further proceedings whatsoever based upon any matter released herein, neither the Company nor any of the other Released Parties shall have any further monetary or other obligation of any kind to the Executive, including any obligation for any costs, expenses or attorneys' fees incurred by or on behalf of the Executive. The Executive agrees that he has no present or before future right to employment with the Effective Date this Agreement, EXCEPT Company or any of the other Released Parties and that Plaintiff Releasors do he will not release apply for or otherwise seek employment with any claim to enforce the terms of this Agreementthem.