Common use of Release of Initial Member Clause in Contracts

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Banks or their predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC or the Failed Banks or their predecessors-in-interest, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Banks or their predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC or the Failed Banks or their predecessors-in-interest, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Transaction Documents.

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Participation Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the Failed Thrift and its predecessors-in- interest, and the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Banks Thrift or their its predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC Failed Thrift or the Failed Banks or their its predecessors-in-interest, or the FDIC, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a4.13(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Participation Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the Failed Thrift and its predecessors-in­ interest, and the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Loans, the servicing of the Loans (before or after the Cut-Off Date) by the Initial Member, the Failed Banks Thrift or their its predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC Failed Thrift or the Failed Banks or their its predecessors-in-interest, or the FDIC, or the acquisition of the Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a4.13(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.

Release of Initial Member. (a) Except as otherwise specifically provided in Article VI of this Agreement or in the LLC Operating Agreement or any other Ancillary Document, the Company hereby releases and forever discharges the Initial Member, the FDIC, the Failed Banks and all of their respective officers, directors, employees, agents, attorneys, contractors and representatives, and all of their respective successors, assigns (other than the Company) and Affiliates, from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Company had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Mortgage Loans, the servicing of the Mortgage Loans (before or after the Cut-Cut- Off Date) by the Initial Member, the Failed Banks or their predecessors-in-interest, the FDIC or any Person acting on behalf of the Initial Member, the FDIC or the Failed Banks or their predecessors-in-interest, or the acquisition of the Mortgage Loans (other than gross negligence or willful misconduct); provided, however, that nothing contained in this Section 4.17(a) shall constitute or be interpreted as a waiver of any express right that the Company has under this Agreement or any of the Ancillary Documents.