Landlord Release. As of the Effective Date, each of Tenant, Guarantor, HOFRECO, and Stadium Mortgagor, and their respective past, present and future employees, agents, attorneys, representatives, successors and assigns, and all persons or entities claiming by, through or under any of them (and their respective successors and assigns, collectively, the “HOF Releasing Parties”), hereby:
Landlord Release. Except as set forth herein, as of the Termination Date, Tenant hereby releases and discharges Landlord and its affiliates, agents, directors, officers, representatives, attorneys, advisors, employees, successors and assigns, of and from all manner of actions, causes of action, suits, debts, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, damages, judgments, claims and demands whatsoever, in law or in equity, which Tenant ever had, now has or hereafter can, shall or may have against Landlord or its successors or assigns for, upon or by reason of any matter, cause or thing whatsoever, including the pursuit of any avoidance actions under Sections 544, 545, 547, 548, 550 and 553 of the Bankruptcy Code against the Landlord, solely relating to or arising out of the Lease, this Agreement or the Premises. Notwithstanding the above, Tenant does not waive or release Landlord from the following: (i) any obligations arising under this Agreement; (ii) any indemnifications obligations arising from third party claims asserted with respect to or arising from Landlord’s obligations prior to the Termination Date for which Landlord had a duty to indemnify Tenant pursuant to the Lease, with respect to which Landlord was required to maintain insurance coverage pursuant to the Lease, and which expressly survive the expiration or termination of the Lease; and (iii) from exercising any discovery rights Tenant has against the Landlord in connection with any civil litigation or arbitration proceedings involving a third party. This paragraph 6 shall survive the Closing.
Landlord Release. Landlord hereby releases Tenant from liability (to Landlord or anyone claiming through or under Landlord by way of subrogation or otherwise) for any loss of, or damage to, property which is or would be covered by any insurance policies maintained, or required to be maintained, by Landlord pursuant this Lease, even if such loss or damage shall have been caused by the fault or negligence of Tenant. Landlord shall include in its property insurance policy(ies) a waiver of insurer's right of subrogation against Tenant, irrespective of fault or negligence.
Landlord Release. Landlord hereby releases, acquits and forever discharges Tenant, its affiliates, officers, directors, stockholders, employees, representatives, successors and assigns (collectively, the “Released Tenant Parties”) of and from any and all actions or causes of action, suits, debts, dues, sums of money, acts, bonds, bills, covenants, controversies, promises, variances, permits, trespasses, accounts, contracts, agreements, damages, judgments, executions, claims, liabilities, and demands whatsoever of every name and nature, at law or in equity, which Landlord or its affiliates, successors and assigns, on the one hand, can, shall, may have, or may claim to have against any of the Released Tenant Parties, on the other hand, for, upon or by reason of any matter directly or indirectly arising out of or connected in any way with each Lease Agreement or any interaction between Landlord and any of the Released Tenant Parties relating in any way to each Lease Agreement.
Landlord Release. LANDLORD HEREBY RELEASES TENANT FROM AND AGAINST ANY CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, DAMAGES, LIABILITIES, OBLIGATIONS, COSTS AND/OR EXPENSES THAT LANDLORD MAY HAVE WITH RESPECT TO THE LEASED PREMISES AND RESULTING FROM, ARISING UNDER OR RELATED TO ANY ENVIRONMENTAL EVENT WITHIN THE SCOPE OF LANDLORD’S REMEDIAL WORK, INCLUDING ANY SUCH CLAIM UNDER ANY ENVIRONMENTAL LAWS, WHETHER UNDER ANY THEORY OF STRICT LIABILITY OR THAT MAY ARISE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C.A. § 9601, ET. SEQ., AND THE TEXAS SOLID WASTE DISPOSAL ACT, TEXAS HEALTH AND SAFETY CODE, CHAPTER 361, AS AMENDED.
Landlord Release. Upon the Effective Date, Landlord, on behalf of itself and its respective agents, parties in interests, employees, officers, shareholders, members, subsidiaries, parent companies, predecessors, affiliates, successors, assigns and any other related entities releases, waives and forever discharges the Debtors and their respective bankruptcy estates, agents, parties in interests, employees, officers, shareholders, members, subsidiaries, parent companies, predecessors, affiliates, successors, assigns and any other related entities from all past or present actions, causes of action, proceedings, claims, administrative expense requests, defenses, demands, damages, costs, liabilities, agreements, promises, warranties, representations, duties, debts, and obligations of every kind whatsoever in law or equity, whether contingent or matured, whether asserted or unasserted, whether known or unknown, that are based on acts, omissions, or events that occurred on or before the Surrender Date related to the Middletown Lease, Middletown Property and/or the Loan Agreement, the Mortgage Note, and/or the Mortgage. For avoidance of doubt, this release extends to any and all obligations with respect to third party claims and the condition of the Middletown Property.
Landlord Release. Effective as of the Revised Expiration Date, Landlord and its successors and assigns hereby release, acquit, satisfy and forever discharge Tenant and its employees, agents, officers, subsidiaries, affiliates, partners, trustees, beneficiaries, members, successors and assigns, from any and all actions, causes of actions, claims, demands, rights, damages, losses, expenses, occurrences and liabilities, of any kind whatsoever, both known and unknown, arising out of any matter, happening or thing, from the beginning of time relating to the Lease, but excluding (a) any express obligation of Tenant hereunder not satisfied as of the Revised Expiration Date, (b) any obligations of Tenant under the Lease to indemnify Landlord for any act or omission resulting in any third party claim for personal injury, death or property damage, and (c) any obligation of Tenant under the Lease relating to Hazardous Materials.
Landlord Release. Except for the obligations and rights created under this First Amendment, Landlord hereby waives, releases, acquits, and forever discharges Tenant, and Tenant’s respective agents, directors, officers, employees, shareholders, partners and members to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that Landlord now has or which may arise in the future on account of or in any way growing out of or connected with: (i) the Change Order Costs relating to the Change Orders, and/or the cost of performing any Extra Work, shown on Exhibit A attached hereto, including those provisions of the Lease which specifically pertain thereto, that Tenant may otherwise be liable to compensate, reimburse or pay for; and (ii) any claim or demand for damages or remedies due to any Default by Tenant (as defined in the Original Lease) that Landlord may claim or bring against Tenant for any failure on the part of Tenant to accept the Premises delivery condition (or failure to accept delivery of the Premises) prior to the Commencement Date (i.e., September 17, 2018). The foregoing waiver, limited release, acquittal and discharge by the Landlord shall also run to the benefit of the successors and assigns of Tenant and to their agents, directors, officers, employees, and Landlord's waiver, limited release, acquittal and discharge above shall extend to and bind all of Landlord's respective agents, directors, officers, employees, shareholders, partners and members, and its successors and assigns. Furthermore, Landlord has consulted with legal counsel of its choice as to the meaning and consequences of waiving the benefits conferred by California Civil Code Section 1542, which states that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." It is understood by Landlord that if the facts or law with respect to which the foregoing limited release and waiver is given hereafter turn out to be other than the facts or law in that connection now known to be (or believed by Landlord to be) true, then Landlord expressly assumes the risk of the facts and law turning out to be so different, and agrees that the foregoing li...
Landlord Release. Tenant hereby remises, releases, acquits, satisfies, and forever discharges Landlord and its officers, directors, shareholders, partners, affiliates, employees and agents (collectively, the “Landlord Releasees”), of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts and controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which Tenant ever had, now has or hereafter can, shall or may have, against any Landlord Releasee, for, upon or by reason of the Lease and/or the Leased Premises, from the beginning of the world to the date of this Agreement.
Landlord Release. Conditional upon the satisfaction of all of the conditions set forth in Section A above, and except for (i) the Termination Consideration required to be paid by Tenant pursuant to Section A above, (ii) any rent or other charges owed by Tenant, or other obligations required of Tenant, set forth in the Lease from and after the date of this Agreement through including the Surrender Date, and (iii) any indemnifications, covenants and agreements given by either party under the terms and provisions contained in this Agreement or the Lease which by their express terms survive the termination of the Lease, effective upon the Surrender Date, Landlord releases, remises and forever discharges Tenant and each of Tenant’s partners, joint ventures, officers, directors, successors, affiliates, employees, agents, consultants and lenders (collectively, the “Tenant Parties, and individually, a “Tenant Party”) from all Claims arising out of, connected with or incidental to the Lease or the Premises; provided, however, that the release granted by Landlord in this shall all times be subject to (x) truth and accuracy of Tenant’s representations and warranties set forth in Section F, which must also be true and accurate as of the Surrender Date, and (y) not become effective and shall be null and void if a “Bankruptcy Event” (as defined in Section F below) occurs on or before the ninetieth (90th) day after the Surrender Date.
