Common use of Release of Known and Unknown Claims Clause in Contracts

Release of Known and Unknown Claims. (a) Each Party, on behalf of itself and each and all of its affiliates (including (x) in the case of PCA, the Company and (y) in the case of RCP, RW LSG Holdings) and its and their current or former officers, directors, managers, partners, equityholders, employees, agents, successors and assigns (collectively, “Representatives” and together with such Party’s affiliates, the “Affiliated Parties”) hereby irrevocably and unconditionally releases and forever discharges (in such capacity, a “Releasor”) each other Party, such other Party’s predecessors and the respective Affiliated Parties of such other Party and the Affiliated Parties of such other Party’s predecessors (in such capacity, each, a “Releasee”), from any and all charges, complaints, claims, liabilities, controversies, damages, actions, causes of action, suits, rights, demands, costs, attorneys’ fees, losses, penalties, fines, and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including without limitation claims under any federal, state or foreign securities laws and the rules and regulations promulgated thereunder (each a “Claim”) which such Releasor now has, owns or holds, or claims to have, own or hold, or at any time heretofore had, owned or held, or claimed to have, owned or held against any Releasee, in each case related to or arising from actions or omissions occurring prior to the date hereof, and which are related to or arising from such Releasor’s or Releasee’s ownership interests in, contractual or equitable relationship with, or other interest or arrangement with the Company or otherwise related to any Company Securities or with respect to any Additional Arrangements (each a “Released Claim”).

Release of Known and Unknown Claims. (a) Each Party, on behalf of itself and each and all of its affiliates (including (x) in the case of PCAFor valuable consideration, the Company receipt and (y) in the case adequacy of RCP, RW LSG Holdings) and its and their current or former officers, directors, managers, partners, equityholders, employees, agents, successors and assigns (collectively, “Representatives” and together with such Party’s affiliateswhich are hereby acknowledged, the “Affiliated Parties”) Noteholder hereby agrees, subject to the last sentence of this Section 2, that it irrevocably and unconditionally releases and forever discharges each of the Xxxxx Borrowers and each of the Xxxxx Borrowers’ members, partners, predecessors, successors, assigns, agents, beneficiaries and attorneys (in such capacityeach case in their respective capacities as such) (collectively, a the “Releasor”) each other Party, such other Party’s predecessors and the respective Affiliated Parties of such other Party and the Affiliated Parties of such other Party’s predecessors (in such capacity, each, a “ReleaseeReleasees”), or any of them, from and against any and all charges, complaints, claims, liabilities, controversies, damages, actions, causes of action, suits, rightsdebts, liens, obligations, liabilities, claims, demands, costsdamages, judgments, losses, orders, penalties, costs and expenses, including, without limitation, attorneys’ fees, losses, penalties, fines, and expenses of any kind or nature whatsoever, known or unknown, suspected or unsuspected, including without limitation claims under any federalfixed or contingent, state liquidated or foreign securities laws and unliquidated, which the rules and regulations promulgated thereunder (each a “Claim”) which such Releasor Noteholder now hasowns, owns or holds, or claims to have, own own, or hold, or at any time heretofore has had, owned or heldowned, held or claimed to havehave had, owned owned, or held against any Releaseeof the Releasees arising from, based upon, or related to, whether directly or indirectly (collectively, “Claims”): (i) the Loan; (ii) the Loan Documents, (iii) the Property, or (iv) any and all other agreements, documents or instruments referenced in each case the Loan Documents or related to or arising from actions or omissions occurring prior thereto, (collectively, the “Released Claims”). Notwithstanding anything to the date hereofcontrary in this Release, nothing herein shall be deemed to relieve the Releasees of any personal liability under the Loan Documents to the extent that such liability arises from or relates to: (1) fraud or intentional material misrepresentation by a Releasee to the full extent of any losses, damages and expenses of Noteholder on account thereof; or (2) the terms of the Environmental Indemnity and any and all other indemnity obligations of the Releasees pertaining or relating to environmental matters under the Loan Documents, which obligations shall survive the execution of this Release, shall remain in full force and effect, and which are related to or arising from such Releasor’s or Releasee’s ownership interests in, contractual or equitable relationship with, or other interest or arrangement with the Company or otherwise related to any Company Securities or with respect to any Additional Arrangements (each shall not be included as a “Released Claim”).

Release of Known and Unknown Claims. For valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Noteholder hereby agrees, subject to the last sentence of this Section 2, that upon execution and delivery to the Noteholder by the TIC Obligor (a) Each Party, on behalf of itself and each and all of its affiliates (including (x) as defined in the case Release to Noteholder, defined below in this sentence) of PCA, the Company and (y) a release substantially in the case of RCP, RW LSG Holdings) and its and their current or former officers, directors, managers, partners, equityholders, employees, agents, successors and assigns form attached hereto as Exhibit “D” (collectively, “Representatives” and together with such Party’s affiliates, the “Affiliated PartiesRelease to Noteholder”) hereby ), it irrevocably and unconditionally releases and forever discharges the TIC Borrower, its principals and each of the TIC Borrower’s members, partners, predecessors, successors, assigns, agents, beneficiaries, and attorneys (in such capacityeach case in their respective capacities as such) (collectively, a the “Releasor”) each other Party, such other Party’s predecessors and the respective Affiliated Parties of such other Party and the Affiliated Parties of such other Party’s predecessors (in such capacity, each, a “ReleaseeReleasees”), or any of them, from and against any and all charges, complaints, claims, liabilities, controversies, damages, actions, causes of action, suits, rightsdebts, liens, obligations, liabilities, claims, demands, costsdamages, judgments, losses, orders, penalties, costs and expenses, including, without limitation, attorneys’ fees, losses, penalties, fines, and expenses of any kind or nature whatsoever, known or unknown, suspected or unsuspected, including without limitation claims under any federalfixed or contingent, state liquidated or foreign securities laws and unliquidated, which the rules and regulations promulgated thereunder (each a “Claim”) which such Releasor Noteholder now hasowns, owns or holds, or claims to have, own own, or hold, or at any time heretofore has had, owned or heldowned, held or claimed to havehave had, owned owned, or held against any Releaseeof the Releasees arising from, based upon, or related to, whether directly or indirectly (collectively, “Claims”): (i) the Loan; (ii) its related TIC Principal Guaranty; (iii) the other Loan Documents, (iv) the Property, or (v) any and all other agreements, documents or instruments referenced in each case the Loan Documents or related to or arising from actions or omissions occurring prior thereto, (collectively, the “Released Claims”). Notwithstanding anything to the date hereofcontrary in this Release, nothing herein shall be deemed to relieve the Releasees of any personal liability under the Loan Documents or its related TIC Principal Guaranty to the extent that such liability arises from or relates to: (1) fraud or intentional material misrepresentation by a Releasee to the full extent of any losses, damages and expenses of Noteholder on account thereof; or (2) the terms of the Environmental Indemnity and any and all other indemnity obligations of the Releasees pertaining or relating to environmental matters under the Loan Documents, which obligations shall survive the execution of this Release, shall remain in full force and effect, and which are related to or arising from such Releasor’s or Releasee’s ownership interests in, contractual or equitable relationship with, or other interest or arrangement with the Company or otherwise related to any Company Securities or with respect to any Additional Arrangements (each shall not be included as a “Released Claim”).

Release of Known and Unknown Claims. (a) Each PartyIn consideration of the payments, benefits, and other items of value provided to Employee and/or on Employee's behalf pursuant to Paragraph 2(a) and Employee's eligibility to receive the additional payments and benefits pursuant to Paragraph 2(b) of this Agreement Employee, on behalf of itself Employee, Employee's heirs, dependents, executors, administrators, trustees, legal representatives, and each assigns (collectively referred to as "Releasors"), to the fullest extent permitted by law hereby forever releases and discharges the Company and its past and present parents, subsidiaries, divisions, affiliated entities, funds, partners, employee benefit plans, pension plans, successors, and assigns, and all of its affiliates (including (x) in the case of PCA, the Company and (y) in the case of RCP, RW LSG Holdings) and its and their current or former collective past and present officers, trustees, agents, attorneys, employees, directors, managersfiduciaries, administrators, partners, equityholdersventures, employeesand assigns, agents, successors and assigns whether acting as agents for the Company or in their individual capacities (collectively, “Representatives” and together collectively with such Party’s the Company and/or its affiliates, the “Affiliated "Company Parties”) hereby irrevocably " and unconditionally releases and forever discharges (in such capacity, each a “Releasor”) each other "Company Party, such other Party’s predecessors and the respective Affiliated Parties of such other Party and the Affiliated Parties of such other Party’s predecessors (in such capacity, each, a “Releasee”"), from any and all charges, complaints, claims, liabilitiesgrievances, injuries, controversies, damagesagreements, covenants, promises, debts, accounts, actions, causes of action, suits, rightsarbitrations, demandssums of money, costswages, attorneys’ ' fees, lossescosts and/or damages capable of being waived by law, penaltiesor any right to any monetary recovery or any other personal relief, fines, and expenses of any nature whatsoever, whether known or unknown, suspected in law or unsuspectedin equity, including without limitation claims under any by contract, tort, law of trust or pursuant to federal, state or foreign securities laws and the rules and regulations promulgated thereunder (each a “Claim”) local statute, regulation, ordinance or common law, which such Releasor Employee may now hashave, owns or holdsever has had, or claims to may hereafter have, own or holdbased upon, arising from, or relating to any fact or set of facts, whether known or unknown to Employee, at any time heretofore had, owned or held, or claimed to have, owned or held against any Releasee, in each case related to or arising from actions or omissions occurring prior to and until the date hereofof execution of this Agreement, and which are related including but not limited to, claims arising out of or relating in any way to or arising from such Releasor’s or Releasee’s ownership interests in, contractual or equitable Employee's employment relationship with, or other interest or arrangement with the Company or otherwise related to the Company Parties or other associations with the Company or the Company Parties or any Company Securities or with respect to any Additional Arrangements (each a “Released Claim”).termination thereof. EXECUTION COPY