Common use of Release by the Company Clause in Contracts

Release by the Company. (a) The Company and its directors, officers, agents, advisors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company Releasors”) hereby irrevocably, unconditionally and forever release Xxxxxxxx (as defined in paragraph 5 herein) of and from any and all actions, causes of actions, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), of any kind or nature whatsoever, in law or equity, whether presently known or unknown (collectively, the “Claims”), which the Company or any of the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx Xxxxxxxx.

Release by the Company. (a) The Company Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, advisorsattorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company ReleasorsReleasing Parties”) ), hereby irrevocablyabsolutely, unconditionally and forever release Xxxxxxxx irrevocably RELEASE and FOREVER DISCHARGE each of LGH and each of his respective past, present or future employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors, assigns, and related business entities (as defined in paragraph 5 hereincollectively, the “LGH Released Parties”) of and from any and all claims, actions, causes of actionsaction, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promisessums of money, accounts, covenants, contracts, controversies, agreements, controversiespromises, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees judgments, executions, claims and other costs and expenses incurred)demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of any kind or nature whatsoeverthe Company Releasing Parties, whether the same be at law, in law equity or equitymixed, whether presently known which such Company Releasing Party ever had, now has, or unknown hereafter can, shall or may have against any or all of the LGH Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, which however, that nothing contained in this Agreement shall be construed to prohibit the Company or any from bringing appropriate proceedings to enforce the obligations of the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx XxxxxxxxLGH hereunder.

Release by the Company. As of the Effective Time, the Company, on behalf of itself, and each of its successors, subsidiaries, controlled affiliates, divisions, stockholders and assignees (athe "RELEASORS") The do, to the fullest extent permitted by law, hereby fully release, forever discharge and covenant not to sue each member of the Company Group,, and its directorsany of their respective suxxxssors or assignees, and any of their respective shareholders, members, partners, officers, agentsdirectors, advisorsemployees, representatives, heirs, administrators, devisees or legatees (collectively the "RELEASEES"), of, from, and direct and indirect affiliates and their respective successors and assigns (collectivelywith respect to, the “Company Releasors”) hereby irrevocably, unconditionally and forever release Xxxxxxxx (as defined in paragraph 5 herein) of and from any and all manner of claims, rights, actions, causes of actionsaction, suits, liens, obligations, accounts, debts, charges, demands, complaintsagreements, claims, administrative proceedingspromises, liabilities, obligations, promises, agreements, controversies, damages costs, expenses and expenses (attorneys' or paralegals' or other fees whatsoever, including but not limited any claim that the Releasors may hereafter have arising from or relating to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), any third-party claims made against any of them because of any kind actions, omissions, commitments or nature whatsoeverrepresentations made or taken by any of the Releasees, whether arising in law or equity, whether presently based on any federal, state or foreign law or right of action, mature or unmatured, contingent or fixed, liquidated or unliquidated, known or unknown (collectivelyunknown, the “Claims”)accrued or unaccrued, which the Company Releasors, or any of them, ever had or now have or can have or shall or may hereafter have against the Releasees or any of them, in connection with, arising out of or which are in any way related to any duties, actions, omissions, commitments, agreements, transactions or representations prior to the date of the execution of this Agreement; PROVIDED, HOWEVER, that no release or discharge, or covenant to sue is given hereunder in respect of (a) any breach of, or failure to xxrform any obligation under, this Agreement or the Directors Letter, or (b) any commercial matter that does not relate to the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure proxy contest being terminated pursuant to the benefit of Xxxxx XxxxxxxxAgreement.

Release by the Company. (a) The Company and its directors, officers, agents, advisors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company ReleasorsParties”) hereby irrevocably, unconditionally and forever release Xxxxxxxx Xxxxx and the Xxxxx Parties (as defined in paragraph 5 hereinbelow) of and from any and all actions, causes of actions, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), of any kind or nature whatsoever, in law or equity, whether presently known or unknown (collectively, the “Claims”), which the Company or any of the Company Releasors Parties ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxxor any Xxxxx Parties. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors Parties and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx Xxxxxxxxand each of the Xxxxx Parties.

Release by the Company. (a) The Company Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, advisorsattorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company ReleasorsReleasing Parties”) ), hereby irrevocablyabsolutely, unconditionally and forever release Xxxxxxxx irrevocably RELEASE and FOREVER DISCHARGE each of Xx. Xxxxxx and each of his respective past, present or future employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors, assigns, and related business entities (as defined in paragraph 5 hereincollectively, the “Xxxxxx Released Parties”) of and from any and all claims, actions, causes of actionsaction, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promisessums of money, accounts, covenants, contracts, controversies, agreements, controversiespromises, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees judgments, executions, claims and other costs and expenses incurred)demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of any kind or nature whatsoeverthe Company Releasing Parties, whether the same be at law, in law equity or equitymixed, whether presently known which such Company Releasing Party ever had, now has, or unknown hereafter can, shall or may have against any or all of the Xxxxxx Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, which however, that nothing contained in this Agreement shall be construed to prohibit the Company or any from bringing appropriate proceedings to enforce the obligations of Xx. Xxxxxx hereunder, none of which are released hereby until the Company’s receipt of the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx XxxxxxxxNote.

Release by the Company. (a) The Effective upon the execution and delivery of this Agreement by Mx. Xxxx, the Company and its Bendata, or themselves and their respective stockholders, subsidiaries, affiliates, directors, officers, employees, agents, advisorspredecessors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectivelyassigns, the “Company Releasors”) do hereby irrevocablyrelease, unconditionally remise and acquit and forever release Xxxxxxxx (as defined in paragraph 5 herein) discharge Mx. Xxxx, his heirs, executors, successors and assigns, of and from any and all manner of action and actions, cause and causes of actionsaction, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees judgments, executions, claims and other costs and expenses incurred), of any kind or nature demands whatsoever, in law or in equity, whether presently known against Mx. Xxxx or unknown (collectively, the “Claims”)any person related to him as hereinabove enumerated, which the Company Company, Bendata, or any of the Company Releasors their respective affiliates as hereinabove enumerated, ever had, now havehas or which it or any of its respective affiliates as hereinabove enumerated, or hereafter can, shall, shall or may have, whether or not known, for, upon, upon or by reason of or in any matterway related to the Merger Agreement, causethe Company's purchase of Bendata from Mx. Xxxx and the other Shareholders, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time issuance of the signingCompany's securities to Mx. Xxxx at any time prior to the date of this Agreement; provided however, and that the foregoing release shall not be construed to release claims arising under this Agreement extinguishes any such Claim or Claimsthe Registration Agreement, or future obligations of Mx. This release shall be binding upon each of Company and Xxxx under the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to Employment Agreement or the benefit of Xxxxx XxxxxxxxConsulting Agreement.

Release by the Company. (a) The Company Company, on behalf of itself, its predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns, and its and their past, present, and future officers, directors, officersshareholders, interest holders, members, partners, attorneys, agents, advisorsemployees, managers, representatives, assigns, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, hereby release and discharge the Seller, together with the Seller’s predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its and their respective past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors and assigns (collectivelyin interest, the “Company Releasors”) hereby irrevocably, unconditionally and forever release Xxxxxxxx (as defined in paragraph 5 herein) of and from any and all actionspersons acting by, causes through, under or in concert with them, and each of actionsthem, suits, debts, from all known and unknown charges, demands, complaints, claims, administrative proceedingsgrievances, liabilities, obligations, judgments, promises, agreements, controversies, damages damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, medical costs, pain and suffering, mental anguish, emotional distress, expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s attorneys' fees and other costs and expenses actually incurred), and punitive damages, of any kind or nature whatsoever, in law or equity, whether presently known or unknown (collectivelyunknown, from the “Claims”)beginning of time to the date of this Agreement, which the Company or any of the Company Releasors ever had, now have, or hereafter can, shallhas, or may havehave had, foragainst the Seller, uponwhether or not apparent or yet to be discovered, or by reason of which may hereafter develop, for any matter, cause, acts or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting omissions related to or arising from any agreement or other matter between the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx XxxxxxxxSeller.

Release by the Company. For value received, the Company for itself and for each and all of its past, present and future successors, assigns, members, managers, affiliates, licensees, transferees, principals, servants, agents, representatives, attorneys, insurers, legal representatives and all other similarly situated persons (aas applicable, collectively, the "Company Releasing Parties") The Company hereby, to the fullest extent permitted by law, fully and its forever releases and discharges the Developer, the Franchisee, Smokin Concepts Development Corporation, X X Xxxx, Xxxx Xxxxxx, and each of their respective joint or mutual, past, present or future directors, officers, managers and equity holders and the past, present or future successors, assigns, affiliates, licensees, transferees, principals, servants, agents, advisors, representatives, attorneys, insurers, legal representatives, descendants, dependents, heirs, executors and direct and indirect affiliates and their respective successors and assigns administrators of each of the foregoing persons (collectively, the “Company Releasors”"Developer Released Parties") hereby irrevocably, unconditionally and forever release Xxxxxxxx (as defined in paragraph 5 herein) of and from any and all actionsclaims, demands, liens, causes of actionsaction, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and expenses (including but not limited to compensatorydebts, punitive or liquidated costs, expenses, damages, attorney’s fees judgments and other costs orders of whatever kind or nature, in law, equity, or otherwise, whether known or unknown, suspected or unsuspected, fixed or contingent, matured or unmatured, and expenses incurred)whether or not concealed or hidden, which have existed or do presently exist or may exist relating in any manner to the ADA, FA or Ancillary Agreements, or any of Developer Released Parties' activities; provided, however, that this release shall not extend to any rights or claims arising under this Agreement and any future claims under the FA, as amended hereby. Each Company Releasing Party hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind or nature whatsoeveragainst any Developer Released Party, in law or equity, whether presently known or unknown (collectively, the “Claims”), which the Company or based upon any of the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended matter purported to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx Xxxxxxxxreleased hereby.

Release by the Company. (a) The Company and its agents, representatives, directors, officers, agents, advisors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company Releasors”) hereby irrevocablyirrevocably and unconditionally release, unconditionally and forever release Xxxxxxxx (as defined in paragraph 5 herein) discharge AP of and from any and all actions, causes of actions, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), of any kind or nature whatsoever, in law or equity, whether presently known or unknown (collectively, the “Claims”), which the Company or any of the Company Releasors ever had, now have, or hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx XxxxxxxxAP, excluding the Excluded Claims (defined below). Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or might exist in his favor at the time of the signing, and that this Agreement extinguishes any such Claim or Claims. This release shall be binding upon each of Company and the Company Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to the benefit of Xxxxx XxxxxxxxAP.