Release by City. The City forever discharges, releases and expressly waives as against Xxxxxxxxx’x and its attorneys and employees any and all claims, liens, demands, causes of action, excuses for nonperformance (including but not limited to claims and/or defenses of unenforceability, lack of consideration, and/or violation of public policy), losses, damages, and liabilities, known or unknown, suspected or unsuspected, liquidated or unliquidated, fixed or contingent, based in contract, tort, or other theories of direct and/or of agency liability (including but not limited to principles of respondent superior) that it has now or has had in the past, arising out of or relating to the Actions, this Agreement and/or the Existing Entitlements or any portion thereof.
Release by City. Upon receipt of the pay off demand by the City, the City will deliver to the escrow holder a pay off request for the amount of Housing Impact Fees due to the City in connection with the sale of each unit and an executed release of the obligations owing under this Agreement, which shall not be recorded until such time as the escrow holder has collected the amounts necessary to pay the Housing Impact Fee in accordance with the instruction in this Agreement, or as may be otherwise provided in writing by the City of Santa Xxxx. A partial release of this Agreement may be provided where appropriate.
Release by City. In consideration of the mutual promises between the Parties, the City, its past, present and future officers, directors, stockholders, attorneys, agents, servants, representatives, employers, employees, subsidiaries, affiliates, partners, predecessors, successors and assigns, and all other persons, firms or corporation with whom the City has been, is now or may hereafter be affiliated release Claimant, her family, successors, and assigns of and from any and all past, present or future claims, demands, obligations, actions, causes of action, damages, exemplary damages, costs, attorney’s fees, losses of services, expenses and compensation of any nature whatsoever, whether based on tort, contract or other theory of recovery, which the City now has, or which may hereafter accrue or otherwise be acquired, arising out of or in any way relating to the INCIDENT. This Release and Discharge shall be a fully binding and complete settlement between the Parties, their affiliates, assigns, predecessors and successors.
Release by City. Except for the Parties’ obligations under this Settlement Agreement, the City and its respective successors and assigns, hereby waive, release and forever discharge the Debtors, each of the Debtors’ Estates, the Reorganized Debtors, the Agent, the Debtors’ Pre-petition Lenders and the DIP Lenders and each of their respective officers, directors, partners, members, managers, employees, agents, representatives, advisors, attorneys and servants from any and all suits, legal or administrative proceedings, claims, obligations, demands, actions, causes of action, damages, losses, costs, interest, and liabilities, of whatever 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, 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 Disputed Matters and/or Dispute Proceedings, along with any claims or potential claims that have been or could have been asserted alleging violations or defaults under the Current Development Agreement or based on circumstances giving rise to the Disputed Matters existing as of the date hereof regardless of whether specifically raised or asserted by the City or addressed herein; provided, however, that nothing in this release shall affect the Debtors’ ongoing obligations to pay taxes owed to the City, their obligations arising under the Revised Development Agreement or compliance with other applicable laws, rules or regulations of the City.
Release by City. In further exchange for the Consideration by the Owner as set forth herein, and with the exception of any action to enforce the terms of this Agreement, City hereby agrees to fully and finally release Owner from any and all damages relating to any claims, in law or equity, known or unknown, they could have stated with respect to the matters resolved by this Agreement, provided that it is understood and agreed that this release does not include any damages or claims which have not yet accrued and may accrue, occur or arise as a result of actions or inactions of or on behalf of Owner on or about the Acquired Property or Donated Property.
Release by City. In consideration of the covenants below, the City hereby releases and discharges LACTC and SCRRA, its subsidiaries, successors, representatives, lawyers, agents, and assigns all persons acting by and through, under or in concert with it, of and from any and all manner of action or actions, cause of causes of action, in law or in equity, suit, debts, liens, contracts, agreements, promises, liabilities, claims, demands, damages, losses, sums of money, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which the City now has, claims to have, to may have hereafter against LACTC, SCRRA or its subsidiaries, successors, representatives, lawyers, agents and assigns, and all persons acting by and through, under or in concert with it, by reason of any manner, cause of anything whatsoever from the beginning of time to date hereof, relating to CEQA compliance of LACTC’s and SCRRA’s commuter rail maintenance facility at Xxxxxx Yard.
Release by City. City hereby agrees to release SFHP Developer/Successor in Interest from this Agreement upon fulfillment of all terms of this Agreement and to issue upon request a certificate of termination within a reasonable time of receipt of written request. The City will issue the certificate in recordable form stating (if such be the case) that this Agreement has been terminated, and any such certificate, when recorded with the Santa Fe County Clerk, shall be binding and conclusive on the City and all persons relying thereon.
Release by City. Except as otherwise set forth in this Agreement, the City hereby remises, releases, acquits, satisfies, and discharges Xx. Xxxxxxxx, and Xx. Xxxxxxxx’x past, present and future heirs, agents, employees, legal representatives, assigns, successors, affiliates, shareholders, beneficiaries, predecessors, insurers, administrators, and successors in interest, and any loan investor or servicer that has any interest whatsoever in the Xxxxxxxx Property (all of the foregoing persons and entities are hereinafter collectively referred to as the “Released Parties”) 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, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever, in law or in equity (collectively “Released Claims”), which the City ever had, now has, or which any personal representative, successor, heir, or assign of the City hereafter can, shall, or may have against the Released Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, that may currently exist until and up to the Effective Date of this Agreement, specifically relating to, arising out of, or in any way stemming from the Xxxxxxxx Property, the Released Claims, and/or any claims or defenses that the City could have raised in litigation if brought. This section shall not act as a release of any claims that currently exist or may in the future exist regarding the continued obligations of Xxxxxxxx and/or his successors in interest contained in the 1993 Agreement that are not addressed in this Agreement or with the continuing obligations of Xxxxxxxx and/or his successors under this Agreement.
Release by City. In consideration of the Acquired Assets and performance of the obligations set forth in this Agreement, effective upon the Applicable Transition Date and subject to the other terms and conditions of this Agreement, the City releases each Transit Alliance Company, Varsity and GTJ and their respective directors, officers and employees, from any and all causes of action, suits, debts, claims, sums of money, accounts, balances, retainages, reckonings, bonds, bills, covenants, contracts, agreements, controversies, promises, variances, trespasses, judgments, executions and demands whatsoever, in law, admiralty and in equity, which the City and its successors and assigns ever had, now has or hereafter can, shall or may have, for, upon, or by reason of any matter, cause or thing whatsoever (i) from the beginning of the world until the Transition Date and arising out of the Transit Alliance Company providing bus service pursuant to any and all operating authority granted by the City of New York including any agreement between the Transit Alliance Company, Varsity and GTJ and the City for reimbursement of operating expenses or for any monies due or to become due thereunder, except for the payments in accordance with Section 8.1 above; and (ii) from the beginning of the world until the Applicable Transition Date and arising out of expiration and/or termination of the operating authority granted the Transit Alliance Company by the City for the operation of buses on the streets of the City; but expressly excluding from the terms of this release, all obligations of the Transit Alliance Company, Varsity and GTJ under this Agreement, the Real Property Leases, the Pension Agreements and the transactions contemplated hereby and thereby.
Release by City. Effective as of City’s receipt of the Payment and the release of the Liens, the City on behalf of itself and each of its respective past, present, and future officers, employees, affiliates, assigns, agents, subsidiaries, and all other related entities of any kind, hereby fully releases and forever discharges County and each of its respective past, present, and future officers, employees, affiliates, assigns, agents, subsidiaries, and all other related entities of any kind as to any and all possible past, present, or future claims of any kind or nature whatsoever, known or unknown, asserted or which could be asserted that arise out of or are related to any matters, facts, or circumstances related to the Services provided at the Property under the Contract, the Liens, Contract, Lawsuit and Counterclaim that exist as of the Effective Date.
