Common use of Mutual General Releases Clause in Contracts

Mutual General Releases. Effective as of the date when ML Media receives payment of the Settlement Amount: a) Except with respect to any rights or causes of action accruing under this Settlement Agreement, ML Media, for itself, its successors and assigns, hereby waives, releases and forever discharges the Adelphia Parties, the Estate and their successors and affiliates, and each of their past, present, and future officers, directors, partners, members, employees, agents, and servants (collectively, the “Adelphia Released Parties”) from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to ML Media, which ML Media and its successors and assigns ever had, now have or may ever have against the Adelphia Released Parties, including, without limitation, those arising from any event, transaction, matter, circumstance or fact in any way arising out of, arising as a result of, related to, with respect to or in connection with or based in whole or in part on the Joint Venture, the State Court Action, the Recap Agreement, the Recap Action, or the Proofs of Claim (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “ML Claims”); provided, however, that this release does not extend to and shall not be deemed to include, (i) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, P.C. and any employees or shareholders thereof and (ii) the members of the Rigas family who are or were partners in Highland. b) Except with respect to any rights or causes of action accruing under this Settlement Agreement, the Adelphia Parties and the Estate, for themselves, their successors and assigns, hereby waive, release and forever discharge ML Media and its successors and affiliates, and each of their respective past, present, and future officers, directors, partners (and past, present and future officers, directors, employees, agents and partners of the general partner of ML Media and the partners of the general partner of ML Media), members, employees, agents, and servants (collectively, the “ML Media Released Parties”) from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to the Adelphia Parties, which the Adelphia Parties and their successors and assigns ever had, now have or may ever have against the ML Media Released Parties, including, without limitation, those arising from any event, transaction, matter, circumstance or fact in any way arising out of, arising as a result of, related to, with respect to or in connection with or based in whole or in part on the Joint Venture, the State Court Action, the Recap Agreement, the Recap Action or the Proof of Claims (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “Adelphia Parties Claims”). c) The consequences of the foregoing waiver provisions have been explained by each of the Parties’ respective counsel. Each of the Parties acknowledges that it may hereafter discover facts different from, or in addition to, those it now knows or believes to be true with respect to the ML Claims or the Adelphia Parties Claims (as the case may be), and agrees that this Settlement Agreement and the releases contained herein shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery thereof. d) To the extent applicable law would not otherwise recognize the provisions of subsections (a) and (b) of this Section 2.1 as constituting a full and final release applying to all unknown and unanticipated claims, as well as those now known or disclosed, the Parties hereby expressly waive all rights or benefits which either one or both of them may have now or in the future under any such applicable law.

Mutual General Releases. Effective on the Closing Date, except as set forth below, the Parties hereby mutually release, acquit, satisfy and forever discharge each and every other Party and all of the date when ML Media receives payment of the Settlement Amount: a) Except with respect to any rights or causes of action accruing under this Settlement Agreementtheir respective Affiliates, ML Mediasuccessors, for itself, its successors and assigns, hereby waives, releases and forever discharges the Adelphia Parties, the Estate and their successors and affiliates, and each of their past, present, and future officersemployees, directors, partners, members, employeesofficers, agents, attorneys, and servants (collectively, the “Adelphia Released Parties”) other representatives of and from any and all charges, claims, counterclaims, actions, rights, demands, debts, liens, obligations, demands, actions, causes of action and liabilitiesaction, liability, losses, damages, costs, expenses or accountings of whatsoever kind and nature, character and descriptionany nature whatsoever, whether in law or in equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated suspected or unanticipatedunsuspected, from the beginning of or time up to ML Mediathe date of the Settlement Agreement, which ML Media and its successors and assigns ever hadarising under any circumstances whatsoever, now have or may ever have against the Adelphia Released Parties, including, including without limitation, those arising from any event, transaction, matter, circumstance or fact limitation claims in any way arising out related to: (i) the claims and counterclaims asserted in, and the conduct of, arising as a result ofthe Litigations; (ii) any counterclaims required to have been brought in the Litigations, related to, with respect to or in connection with or based in whole or in part on and (iii) the Joint Venture, conduct of the State Court Action, the Recap Agreement, the Recap Action, or the Proofs of Claim (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “ML Claims”)settlement negotiations; provided, however, that this release does not extend to and shall not be deemed to includefor the avoidance of doubt, (i) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, P.C. and excluding any employees claims arising from or shareholders thereof and (ii) the members of the Rigas family who are or were partners in Highland. b) Except with respect to any rights or causes of action accruing under this Settlement Agreement or the Asset Purchase Agreement, the Adelphia . [Redacted]. The Parties and the Estate, for themselves, their successors and assigns, hereby waive, release and forever discharge ML Media and its successors and affiliates, and have each of their respective past, present, and future officers, directors, partners (and past, present and future officers, directors, employees, agents and partners made an investigation of the general partner of ML Media facts pertaining to this Settlement Agreement and the partners of the general partner of ML Media), members, employees, agents, and servants (collectively, the “ML Media Released Parties”) from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to the Adelphia Parties, which the Adelphia Parties and their successors and assigns ever had, now have or may ever have against the ML Media Released Parties, including, without limitation, those arising from any event, transaction, matter, circumstance or fact in any way arising out of, arising released claims as a result of, related to, with respect to or in connection with or based in whole or in part on the Joint Venture, the State Court Action, the Recap Agreement, the Recap Action or the Proof of Claims (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “Adelphia Parties Claims”). c) The consequences of the foregoing waiver provisions have been explained by each of the Parties’ respective counselParty deems necessary. Each of the Parties acknowledges Party is aware that it may hereafter discover facts different from, or in addition to, contrary to, or different from those it now knows or believes to be true with respect to the ML Claims or matters set forth herein. Nevertheless, it is the Adelphia Parties Claims (as the case may be)intention of each Party to fully, finally, and agrees forever settle and release all claims of any kind or nature whatsoever that were in existence as of the date of this Settlement Agreement. In furtherance of the Parties' intent, the release in this Agreement shall remain in full and the releases contained herein shall be and remain effective in all respects complete effect notwithstanding such different or additional facts or the discovery thereof. d) To the extent applicable law would not otherwise recognize or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read the provisions of subsections (a) California Civil Code Section 1542 and (b) of this Section 2.1 as constituting a full has consulted its own counsel regarding that section. Each Party waives any and final release applying to all unknown and unanticipated claims, as well as those now known or disclosed, the Parties hereby expressly waive all rights under California Civil Code Section 1542 (or benefits any other similar law in any jurisdiction), which either one or both of them may have now or in the future under any such applicable law.states:

Mutual General Releases. Effective on the Closing Date, except as set forth below, the Parties hereby mutually release, acquit, satisfy and forever discharge each and every other Party and all of the date when ML Media receives payment of the Settlement Amount: a) Except with respect to any rights or causes of action accruing under this Settlement Agreementtheir respective Affiliates, ML Mediasuccessors, for itself, its successors and assigns, hereby waives, releases and forever discharges the Adelphia Parties, the Estate and their successors and affiliates, and each of their past, present, and future officersemployees, directors, partners, members, employeesofficers, agents, attorneys, and servants (collectively, the “Adelphia Released Parties”) other representatives of and from any and all charges, claims, counterclaims, actions, rights, demands, debts, liens, obligations, demands, actions, causes of action and liabilitiesaction, liability, losses, damages, costs, expenses or accountings of whatsoever kind and nature, character and descriptionany nature whatsoever, whether in law or in equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated suspected or unanticipatedunsuspected, from the beginning of or time up to ML Mediathe date of the Settlement Agreement, which ML Media and its successors and assigns ever hadarising under any circumstances whatsoever, now have or may ever have against the Adelphia Released Parties, including, including without limitation, those arising from any event, transaction, matter, circumstance or fact limitation claims in any way arising out related to: (i) the claims and counterclaims asserted in, and the conduct of, arising as a result ofthe Litigations; (ii) any counterclaims required to have been brought in the Litigations, related to, with respect to or in connection with or based in whole or in part on and (iii) the Joint Venture, conduct of the State Court Action, the Recap Agreement, the Recap Action, or the Proofs of Claim (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “ML Claims”)settlement negotiations; provided, however, that this release does not extend to and shall not be deemed to includefor the avoidance of doubt, (i) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, P.C. and excluding any employees claims arising from or shareholders thereof and (ii) the members of the Rigas family who are or were partners in Highland. b) Except with respect to any rights or causes of action accruing under this Settlement Agreement or the Asset Purchase Agreement, the Adelphia . [***]. The Parties and the Estate, for themselves, their successors and assigns, hereby waive, release and forever discharge ML Media and its successors and affiliates, and have each of their respective past, present, and future officers, directors, partners (and past, present and future officers, directors, employees, agents and partners made an investigation of the general partner of ML Media facts pertaining to this Settlement Agreement and the partners of the general partner of ML Media), members, employees, agents, and servants (collectively, the “ML Media Released Parties”) from any and all claims, obligations, demands, actions, causes of action and liabilities, of whatsoever kind and nature, character and description, whether in law or equity, whether sounding in tort, contract or under other applicable law, whether known or unknown, and whether anticipated or unanticipated, of or to the Adelphia Parties, which the Adelphia Parties and their successors and assigns ever had, now have or may ever have against the ML Media Released Parties, including, without limitation, those arising from any event, transaction, matter, circumstance or fact in any way arising out of, arising released claims as a result of, related to, with respect to or in connection with or based in whole or in part on the Joint Venture, the State Court Action, the Recap Agreement, the Recap Action or the Proof of Claims (such claims, obligations, demands, actions, causes of action and liabilities referred to herein collectively as the “Adelphia Parties Claims”). c) The consequences of the foregoing waiver provisions have been explained by each of the Parties’ respective counselParty deems necessary. Each of the Parties acknowledges Party is aware that it may hereafter discover facts different from, or in addition to, contrary to, or different from those it now knows or believes to be true with respect to the ML Claims or matters set forth herein. Nevertheless, it is the Adelphia Parties Claims (as the case may be)intention of each Party to fully, finally, and agrees forever settle and release all claims of any kind or nature whatsoever that were in existence as of the date of this Settlement Agreement. In furtherance of the Parties’ intent, the release in this Agreement shall remain in full and the releases contained herein shall be and remain effective in all respects complete effect notwithstanding such different or additional facts or the discovery thereof. d) To the extent applicable law would not otherwise recognize or existence of any additional, contrary, or different facts. Furthermore, each Party certifies that it has read the provisions of subsections California Civil Code Section 1542 and has consulted its own counsel regarding that section. Each Party waives any and all rights under California Civil Code Section 1542 (a) or any other similar law in any jurisdiction), which states: Each Party agrees and (b) of this Section 2.1 as constituting a full acknowledges that the released claims extend to and final release applying to all include unknown and unanticipated unsuspected claims, as well as those now known or disclosed, the Parties hereby expressly waive all rights or benefits which either one or both of them may have now or in the future under any such applicable law.