Release and Discharge. 20. Upon the Effective Date and in consideration of payment of the Settlement Amount as specified in Section E of this Agreement, and for other valuable consideration, the Releasees, and each of them, shall be completely released, acquitted, and forever discharged from any and all claims, demands, actions, suits and causes of action, whether class, individual or otherwise in nature, that Releasors, or any of them, ever had, now has, or hereafter can, shall, or may have on account of or arising out of or resulting from conduct (including any conspiracy, combination or agreement) concerning the pricing, selling, discounting, marketing, manufacturing, or distributing of Ready-Mixed Concrete in the Central Indiana Area during the Class Period, including but not limited to any conduct alleged, and causes of action asserted, or that could have been alleged or asserted, in the Complaint filed in the Action or any amendment thereto which arise under any federal or state antitrust statute, law, rule or regulation, including, without limitation, the Xxxxxxx Antitrust Act, 15 U.S.C.§§ 1 et seq. ("Released Claims"), provided, however, that nothing herein shall release any claim not associated with anticompetitive conduct, including, but not limited to, personal injury, wrongful death, product defect or breach of contract claims between the parties. The Releasors shall not, after the Effective Date of this Agreement, seek to recover against any of the Releasees for any of the Released Claims.
Release and Discharge. 11.1 The acceptance by the Designer of the last payment under the provisions of Article 6.5 or Article 12 in the event of termination of the Contract, shall in each instance, operate as and be a release to the Owner and the Authority and their employees and officers, from all claims of the Designer and its Subconsultants for payment for services performed and/or furnished, except for those written claims submitted by the Designer to the Owner with, or prior to, the last invoice.
Release and Discharge. In consideration of Defendant's agreement to make the payments called for herein, the Plaintiff completely releases and forever discharge the Defendant, of and from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, loss of services, expenses and compensation which the Plaintiff now has, or which may hereafter accrue or otherwise be acquired by plaintiff, on account of, or in any way growing out of the faxed advertisement.
Release and Discharge. BY VIRTUE OF THEIR EXECUTION AND DELIVERY OF THIS AGREEMENT, AS OF THE CLOSING AND THEREAFTER, THE MEMBERS, FOR AND ON BEHALF OF THEIR HEIRS, ASSIGNS, BENEFICIARIES, EXECUTORS AND ADMINISTRATORS DO: (i) HEREBY FULLY AND IRREVOCABLY REMISE, RELEASE AND FOREVER DISCHARGE BARSTOW , AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL MANNER OF CLAIMS, ACTIONS, CAUSES OF ACTION, GRIEVANCES, LIABILITIES, OBLIGATIONS, PROMISES, DAMAGES, AGREEMENTS, RIGHTS, DEBTS AND EXPENSES (INCLUDING CLAIMS FOR ATTORNEYS’ FEES AND COSTS), OF EVERY KIND, EITHER IN LAW OR IN EQUITY, WHETHER CONTINGENT, MATURE, KNOWN OR UNKNOWN, OR SUSPECTED OR UNSUSPECTED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING UNDER ANY FEDERAL, STATE, LOCAL OR MUNICIPAL LAW, COMMON LAW OR STATUTE, WHETHER ARISING IN CONTRACT OR IN TORT, AND ANY CLAIMS ARISING UNDER ANY OTHER LAWS OR REGULATIONS OF ANY NATURE WHATSOEVER, THAT SUCH MEMBERS EVER HAD, NOW HAS OR MAY HAVE, FOR OR BY REASON OF ANY CAUSE, MATTER OR THING WHATSOEVER, FROM THE BEGINNING OF THE WORLD TO THE DATE HEREOF; AND (ii) UPON THE CLOSING DO HEREBY AGREE TO TERMINATE ANY AND ALL OPERATING AGREEMENTS OR OTHER SIMILAR AGREEMENTS AMONG THE MEMBERS. .
Release and Discharge. 1. The obligation and the liability of the Guarantor shall not be released, discharged or in any way affected by any release, discharge, loss or alteration in or dealing with the Mortgaged Property under the Trust Deed or any Guarantee Security or any part thereof or anything done, suffered or permitted by the Trustee in relation to the said Mortgaged Property; or by time being given to the Company or any other guarantor by the Trustee or by the Bondholders or any of them; or by any change, alteration or modification of the Trust Deed; or by any compromise, arrangement or plan of re-organization affecting the Company or any other guarantor or the security under the Trust Deed; or by the release pursuant to any provision hereof or of the Trust Deed, or of any other guarantor or of any other person liable directly or indirectly as surety or otherwise; or by the release, discharge, loss or alteration in or any dealing with the security or any part thereof relating to the Bonds; or by any other act or proceeding in relation to the Trust Deed or this agreement or any Guarantee Security or any other guarantee or debenture collateral thereto or any security created thereby pursuant to which the Guarantor might otherwise be released or exonerated; without limiting the generality of the foregoing, the Guarantor declares that, without the necessity of any reservation of rights against the Guarantor and without notice to or further assent from the Guarantor, the provisions of the Trust Deed and any Bonds issued thereunder may in whole or in part be renewed, extended, rearranged, modified, accelerated, compromised or released by the Trustee or the Bondholders (or any of them) and the security constituted by the Trust Deed or any Guarantee Security or otherwise may be sold, exchanged or realized.
Release and Discharge. VILLAGE shall not be responsible for, and assumes no liability arising from fire, theft, damage or loss to LICENSEE’s property, including without limitation, the aircraft or any other items unless such fire, theft, damage or loss is solely the fault of VILLAGE. LICENSEE hereby releases and discharges the VILLAGE from all claims and demands by LICENSEE for loss of or damage to LICENSEE’s property.
Release and Discharge. The undersigned, his successors and assigns do hereby give up any and all of his rights in the 2005 Agreement entered into between the undersigned and the Company on March 10, 2005 and does hereby release, acquit and forever discharge the Company from any and all actions, causes of actions, claims, damages, liabilities, costs and all claims of any nature or kind whatsoever for economic loss or otherwise, known or unknown, due to the exchange of the undersigned’s Non-Plan Options for an Option under the 1998 Plan. The undersigned states, pursuant to his signature hereunder, that he has read and fully understands this release and that he has the opportunity to consult his own legal counsel before entering into this release. /S/ XXXXXX X. XXXXXX /S/ XXXX X. XXXXXXXX Xxxxxx X. Xxxxxx, Optionee Xxxx X. Xxxxxxxx, M.D., President and CEO
Release and Discharge. Simultaneously with request for final payment hereunder, Consultant shall execute and deliver to the Authority an instrument releasing the Authority of and from any and all claims, demands, and liabilities whatsoever of every name and nature both at law and in equity arising from, growing out of, or in any way connected with this Agreement; provided that such instrument shall not release the Authority from its obligations to indemnify Consultant pursuant to Sections 4.6.
Release and Discharge. The acceptance by the Designer of the last payment for services paid under the provisions of this Contract, shall in each instance operate as a release of the Public Entity, the User Agency, the Awarding Authority, and every employee and agent thereof, from all claims of the Designer arising from this Contract, and from liability for any act or omission relating to or affecting the Designer's services hereunder, except for those written claims submitted by the Designer to the Awarding Authority with the last payment requisition; and except that such acceptance shall not operate as a release of claims not known to Designer, which Designer could not reasonably have known about at the time of such acceptance.