Common use of Mutual General Releases Clause in Contracts

Mutual General Releases. (a) For and in consideration of the mutual releases and payment set forth herein, receipt of all of which is hereby acknowledged, JFSI for itself and its respective predecessors, successors, assigns, heirs, shareholders, directors, officers, agents, employees, and representatives, hereby releases and forever discharges Delta Mutual and its officers, directors, shareholders, divisions, parents, subsidiaries, affiliates, employees, representatives, and agents (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) from any and all damages, debts, demands, promises, contracts, claims, actions, causes of action, suits, in law or in equity, of any nature whatsoever, whether known or unknown, accrued or unaccrued, arising out of any act, conduct or omission, occurring at any time up to the date of this Settlement Agreement, including, but not limited to, all claims whatsoever based upon or relating to License Agreement. (b) For and in consideration of the mutual releases and other agreements set forth herein, receipt of all of which is hereby acknowledged, Delta Mutual, for itself and for its officers, directors, shareholders, board members, divisions, parents, subsidiaries, affiliates, employees, representatives, and agents (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) hereby releases and forever discharges each of JFSI and ▇▇▇▇▇▇▇▇, and its and his respective predecessors, successors and assigns, from any and all damages, debts, demands, promises, contracts, claims, actions, causes of action, suits, in law or in equity, of any nature whatsoever, whether known or unknown, accrued or unaccrued, arising out of any act, conduct or omission, occurring at any time up to the date of this Settlement Agreement including, but not limited to, all claims whatsoever based upon or relating to the License Agreement.

Appears in 1 contract

Sources: Settlement Agreement (Delta Mutual Inc)

Mutual General Releases. (a) For and in consideration of the mutual releases and payment set forth herein, receipt of all of which is hereby acknowledged, JFSI for itself A. The Company and its respective predecessorsofficers, directors, partners, principals, employees, attorneys, insurers, agents, servants, consultants, representatives, successors, heirs, assigns, heirscontrol persons and affiliates, shareholders, directors, officers, (collectively “Company Releasors”) release and forever discharge Executive and his agents, employeesattorneys, accountants, insurers, consultants, representatives, future employers, successors and representativesassigns (collectively, “Executive Releasees”), from any and all claims, demands, obligations, losses, causes of action, costs, expenses, attorneys' fees and liabilities of any nature whatsoever, whether based on contract, tort, statutory or other legal or equitable theory of recovery, whether known or unknown, which the Company and/or the Company Releasors have, or had, claims or could claim to have against Executive, or Executive Releasees, including but not limited to any and all claims which relate to, arise from, or are in any manner pertaining to the Employment Agreement or other reason or basis whatsoever. B. Upon completion of the Settlement Payments, as defined below, Executive, hereby releases and forever discharges Delta Mutual the Company and its past and present affiliates, subsidiaries, officers, directors, shareholders, divisionspartners, parents, subsidiaries, affiliatesprincipals, employees, attorneys, insurers, agents, servants, consultants, representatives, and agents (and the predecessorssuccessors, heirs, executorsassigns, administrators, successors control persons and assigns affiliates of the Company and each of the foregoing) Public Companies (collectively, the “Released Parties”), from any and all damages, debtsclaims, demands, promisesobligations, contracts, claims, actionslosses, causes of action, suitscosts, in law or in equityexpenses, attorneys' fees and liabilities of any nature whatsoever, whether known based on contract, tort, statutory or unknown, accrued other legal or unaccrued, arising out equitable theory of any act, conduct or omission, occurring at any time up to the date of this Settlement Agreement, including, but not limited to, all claims whatsoever based upon or relating to License Agreement. (b) For and in consideration of the mutual releases and other agreements set forth herein, receipt of all of which is hereby acknowledged, Delta Mutual, for itself and for its officers, directors, shareholders, board members, divisions, parents, subsidiaries, affiliates, employees, representatives, and agents (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) hereby releases and forever discharges each of JFSI and ▇▇▇▇▇▇▇▇, and its and his respective predecessors, successors and assigns, from any and all damages, debts, demands, promises, contracts, claims, actions, causes of action, suits, in law or in equity, of any nature whatsoeverrecovery, whether known or unknown, accrued which Executive has, had or unaccruedclaims to have against any or all of the Released Parties, arising out of any act, conduct or omission, occurring at any time up to the date of this Settlement Agreement including, including but not limited to any and all claims which relate to, all claims whatsoever based upon arise from, or relating are in any manner connected to the License AgreementEmployment Agreement and/or any other monetary consideration of any nature or kind, whether accrued or not or other reason or basis whatsoever.

Appears in 1 contract

Sources: Separation and Mutual Release Agreement (Prime Sun Power Inc)

Mutual General Releases. (a) For and in consideration a. Effective as of the mutual releases date of this Agreement, Ironclad and payment set forth hereinthe Incumbents, receipt of all of which is hereby acknowledgedfor themselves and for their respective agents, JFSI for itself and its respective employees, trustees, trustors, beneficiaries, receivers, corporations, parents, affiliates, subsidiaries, predecessors, successors, assigns, heirs, shareholders, directors, officers, agents, employees, and representatives, hereby releases and forever discharges Delta Mutual and its officers, directors, shareholderspartners, divisionspartnerships, parentsmembers, subsidiaries, affiliates, employeesattorneys, representatives, and agents (and the predecessorsheirs, heirsspouses, executors, administrators, successors affiliated or related entities and assigns of their respective owners, officers, and directors and any other persons or entities who may claim through it, does hereby release the Shareholders, and each of the foregoingthem, absolutely and forever, and discharge all of their respective employees, trustees, trustors, beneficiaries, receivers, corporations, parents, affiliates, subsidiaries, predecessors, successors, assigns, shareholders, officers, directors, partners, partnerships, members, attorneys, representatives, heirs, spouses, executors, administrators, affiliated or related entities and their respective owners, officers, and directors, and each of them, ("Shareholder Releasees”) of and from any and all claims, demands, damages, debts, liabilities, accounts, reckonings, obligations, costs, expenses, liens, actions and causes of action of every kind or nature, including but not limited to the State Court Action and the Federal Action, from the beginning of time to the date of this Agreement (except for any and all demands, promisesdamages, contractsdebts, liabilities, accounts, reckoning, obligations, costs, expenses, liens, actions and causes of action with respect to obligations created by or arising out of this Agreement). This general release applies to all of the above claims, actions, causes of action, suitsor otherwise, whether or not any such matters, causes, or things whatsoever were, or could in any way have been, claimed by Ironclad or the Incumbents, against the Shareholder Releasees, or any of them, or otherwise have been or could have been brought or alleged by Ironclad or the Incumbents, or any of them, against the Shareholder Releasees, or any of them, in law or in equity, suits, debts, liens, security interests, claims, demands, damages, losses, costs, attorneys fees or expenses of any nature whatsoever, whether known or unknown, accrued suspected or unaccruedunsuspected, arising out of any actfixed or contingent, conduct which Ironclad or omissionthe Incumbents, occurring at any time up heretofore ever had, owned or held, or which it now has, owns or holds. b. Effective as of the date of this Agreement, the Shareholders, for themselves and for their respective assigns, agents, employees, shareholders, attorneys, representatives, trustees, heirs, executors, administrators and any other persons or entities who may claim through any or all of them, do hereby release Ironclad and the Incumbents absolutely and forever, and discharge all of its respective employees, trustees, trustors, beneficiaries, receivers, corporations, parents, affiliates, subsidiaries, predecessors, successors, assigns, shareholders, officers, directors, partners, partnerships, members, attorneys, representatives, heirs, spouses, executors, administrators, affiliated or related entities and its respective owners, officers, and directors, and each of them, ("Ironclad Releasees") of and from any and all claims, demands, damages, debts, liabilities, accounts, reckonings, obligations, costs, expenses, liens, actions and causes of action of every kind or nature, including but not limited to the State Court Action and the Federal Action, from the beginning of time to the date of this Settlement Agreement, including, but not limited to, all claims whatsoever based upon or relating to License Agreement. Agreement (b) For and in consideration of the mutual releases and other agreements set forth herein, receipt of all of which is hereby acknowledged, Delta Mutual, except for itself and for its officers, directors, shareholders, board members, divisions, parents, subsidiaries, affiliates, employees, representatives, and agents (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) hereby releases and forever discharges each of JFSI and ▇▇▇▇▇▇▇▇, and its and his respective predecessors, successors and assigns, from any and all demands, damages, debts, demandsliabilities, promisesaccounts, contractsreckonings, obligations, costs, expenses, liens, actions and causes of action with respect to the obligations created by or arising out of this Agreement). This general release applies to all of the above claims, actions, causes of action, suitsor otherwise, whether or not any such matters, causes, or things whatsoever were, or could in any way have been, claimed by the Shareholders, or any of them, against the Ironclad Releasees, or any of them, or otherwise have been or could have been brought or alleged by the Shareholders, or any of them, against the Ironclad Releasees, or any of them, in law or in equity, suits, debts, liens, security interests, claims, demands, damages, losses, costs, attorneys fees or expenses of any nature whatsoever, whether known or unknown, accrued suspected or unaccruedunsuspected, arising out fixed or contingent, which the Shareholders or any of any actthem, conduct or omission, occurring at any time up to the date of this Settlement Agreement includingheretofore ever had, but not limited toowned or held, all claims whatsoever based upon or relating to the License Agreement.which they now have, own or hold

Appears in 1 contract

Sources: Settlement Agreement (Ironclad Performance Wear Corp)

Mutual General Releases. (a) For Jaco▇▇, ▇▇r himself and in consideration of the mutual releases and payment set forth herein, receipt of all of which is hereby acknowledged, JFSI for itself and its respective predecessors, successors, assignshis estate, heirs, shareholderspersonal representatives, directorsexecutors, officers, agents, employees, administrators and representativesassigns, hereby releases and forever discharges Delta Mutual discharges, except as set forth in subsections (i) through (v) below, MTLM, its subsidiaries and its officers, directors, shareholders, divisions, parents, subsidiaries, affiliates, employees, representativesrelated and affiliated entities signatory hereto (hereinafter collectively and individually the "MTLM Releasees"), and agents (the MTLM Releasees hereby release and the predecessorsforever discharge Jaco▇▇, ▇▇s estate, heirs, executors, administrators, successors and assigns of each of the foregoing) from any and all damages, debts, demands, promises, contracts, claims, actions, causes of action, suits, in law or in equity, of any nature whatsoever, whether known or unknown, accrued or unaccrued, arising out of any act, conduct or omission, occurring at any time up to the date of this Settlement Agreement, including, but not limited to, all claims whatsoever based upon or relating to License Agreement. (b) For and in consideration of the mutual releases and other agreements set forth herein, receipt of all of which is hereby acknowledged, Delta Mutual, for itself and for its officers, directors, shareholders, board members, divisions, parents, subsidiaries, affiliates, employees, personal representatives, and agents (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) hereby releases and forever discharges each of JFSI and ▇▇▇▇▇▇▇▇, and its and his respective predecessors, successors administrators and assigns, from any and all damagesrights, claims, demands, debts, demandsdues, promisessums of money, contractsaccounts, claimsattorneys= fees, actionscomplaints, judgments, executions, actions and causes of action, suits, in law or in equity, action of any nature whatsoever, whether known cognizable at law or unknownequity, accrued which either party now has or unaccruedclaims, or might hereafter have or claim, against the other party, based upon or arising out of any actmatter or thing whatsoever through date of this release, conduct including, without limitation, any claim, action or omissioncause of action which was or is related to or arises out of Jaco▇▇' ▇▇ployment or directorship with, occurring at or his shareholding in, MTLM, or his separation and/or resignation therefrom, or which is based upon or arises under or the Employment Agreement, or any time up local, state, or federal law dealing with employment discrimination, including without limitation Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Age Discrimination in Employment Act. The following provisions are applicable to and made a part of this Agreement and the foregoing general release and waiver: (i) Jaco▇▇ ▇▇▇s not release or waive any right or claim which he may have under the Age Discrimination in Employment Act which arises after the date of execution of this Settlement Agreement. (ii) Jaco▇▇ ▇▇▇s not release or waive any right or claim which he may have in the future for a breach of this Agreement or for a breach of the Stock Purchase Agreement (including, without limitation, a claim for specific performance or damages in the event MTLM is obligated, but fails, to consummate the transactions contemplated by the Stock Purchase Agreement in accordance with the terms thereof) or any other agreement delivered in connection with the Stock Purchase Agreement at the Closing thereunder, notwithstanding any payments that may be made under Section 3(b) of this Agreement, or any right or claim which he may have in the future under this Agreement or with respect to indemnification and contribution rights under (x) the Certificate of Incorporation or by-laws of MTLM or (y) under the General Corporation Law of the State of Delaware. (iii) In exchange for this general release and waiver, Jaco▇▇ ▇▇▇eby acknowledges that he has received separate consideration beyond that which he is otherwise entitled to under MTLM policy, the Employment Agreement, or applicable law. (iv) MTLM hereby expressly advises Jaco▇▇ ▇▇ consult with an attorney of his choosing prior to executing this Agreement which contains a general release and waiver. (v) Jaco▇▇ ▇▇▇ twenty-one (21) days from the date of presentment to consider whether or not limited toto execute this Agreement. In the event of such execution, all claims whatsoever based upon or relating Jaco▇▇' ▇▇s a further period of seven (7) days from such date in which to the License Agreementrevoke said execution, notice of which must be received by MTLM within such seven (7) day period.

Appears in 1 contract

Sources: Settlement Agreement (Metal Management Inc)