Common use of Specific Release Clause in Contracts

Specific Release. The PubliCARD Parties, on behalf of themselves and all of their affiliated, related, or parent companies or entities (the “PubliCARD Releasors”), for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, including in consideration of this Settlement Agreement, hereby release and forever discharge the Ross Parties and their employees, agents, principals, officers, directors, shareholders, investors, affiliated, related or parent companies or entities, their insurers and their attorneys (the “Ross Releasees”) from any and all claims, demands, rights, actions, causes of action, suits, obligations, damages, judgments, contracts, decrees, controversies, liabilities, demands, rights of contribution and/or indemnification, costs, expenses, or attorneys’ fees, of whatever kind or nature, fixed or contingent, liquidated or unliquidated, foreseen or unforeseen, accrued or not accrued, at law or equity, whether individual, class, or derivative in nature, under any statutory, contract, tort or other theory, for intentional or negligent or other wrongdoing, for compensatory, consequential, punitive or exemplary damages or any damages or relief whatsoever, from the beginning of the world to the date present, which the PubliCARD Releasors have, had, or can, shall, or may hereafter have against the Ross Releasees by reason of any matter, cause or thing whatsoever arising out of or related to the Specific Released Matters. The PubliCARD Releasors may, after executing this Agreement, discover facts other than or different from those which they know or believe to be true with respect to the Ross Releasees relating to the Specific Released Matters. Notwithstanding any such discovery of facts, the PubliCARD Releasors waive and fully, finally and forever settle and release any known or unknown, suspected or unsuspected, contingent or noncontingent claim that accrued prior to the entry of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such other or different facts.

Specific Release. The PubliCARD Ross Parties, on behalf of themselves and all of their affiliated, related, or parent companies or entities (the “PubliCARD Ross Releasors”), for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, including in consideration of this Settlement Agreement, hereby release and forever discharge the Ross PubliCARD Parties and their employees, agents, principals, officers, directors, shareholders, investors, affiliated, related or parent companies or entities, their insurers and their attorneys (the “Ross PubliCARD Releasees”) from any and all claims, demands, rights, actions, causes of action, suits, obligations, damages, judgments, contracts, decrees, controversies, liabilities, demands, rights of contribution and/or indemnification, costs, expenses, or attorneys’ fees, of whatever kind or nature, fixed or contingent, liquidated or unliquidated, foreseen or unforeseen, accrued or not accrued, at law or equity, whether individual, class, or derivative in nature, under any statutory, contract, tort or other theory, for intentional or negligent or other wrongdoing, for compensatory, consequential, punitive or exemplary damages or any damages or relief whatsoever, from the beginning of the world to the date present, which the PubliCARD Ross Releasors have, had, or can, shall, or may hereafter have against the Ross PubliCARD Releasees by reason of any matter, cause or thing whatsoever arising out of or related to the complaint in the Lawsuit, the answer and the allegations and defenses contained therein, or arising out of or related to the investments that the Ross Parties made which are the subject of the complaint (the “Specific Released Matters”). The PubliCARD Ross Releasors may, after executing this Agreement, discover facts other than or different from those which they know or believe to be true with respect to the Ross PubliCARD Releasees relating to the Specific Released Matters. Notwithstanding any such discovery of facts, the PubliCARD Ross Releasors waive and fully, finally and forever settle and release any known or unknown, suspected or unsuspected, contingent or noncontingent claim that accrued prior to the entry of this Agreement, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such other or different facts.