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EXHIBIT 10.17
MUTUAL GENERAL RELEASE
MUTUAL GENERAL RELEASE, dated as of November 13, 1998, by and among
Xxxx Xxxxx Xxxxx ("Xxxxx"), Great American Fun Corp. ("GAF") and Great American
Fun (HK) Ltd. ("GAF-HK"), on the one hand, and Xxxxx X. Xxxx ("Zwan"), Digital
Lightwave, Inc. ("Digital") and Logical Magic, Inc. ("LMI") on the other.
The parties hereto have agreed as follows:
1. Xxxxx, GAF and GAF-HK hereby release and discharge Zwan, Digital,
LMI and, as applicable, each of their past and present directors, officers,
shareholders, partners, employees, attorneys and agents, both in their
respective capacities as such and personally, and the heirs, executors,
administrators, successors and assigns of each of them, from all actions, causes
of action, suits, debts, dues, sums of money, accounts, reckonings, bonds,
bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, extents, executions, claims and
demands whatsoever, in law, admiralty, equity, arbitration or otherwise,
including, specifically and without limitation, any claim for fraud or
misrepresentation (including any claim for fraud or misrepresentation with
respect to their
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grant of this release), whether known or unknown, accrued or
not accrued, foreseen or unforeseen, matured or not matured, that Xxxxx, GAF
and/or GAF-HK ever had, now have or hereafter can, shall or may have, as of the
date of this Mutual General Release; provided, however, that this Mutual General
Release does not release or discharge any rights of Xxxxx or obligations of Zwan
and/or Digital provided for in the Settlement Agreement between them dated as of
November 13, 1998.
2. Zwan, Digital and LMI hereby release and discharge Xxxxx, GAF,
GAF-HK and, as applicable, each of their past and present directors, officers,
shareholders, partners, employees, attorneys and agents, both in their
respective capacities as such and personally, and the heirs, executors,
administrators, successors and assigns of each of them, from all actions, causes
of action, suits, debts, dues, sums of money, accounts, reckonings, bonds,
bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, extents, executions, claims and
demands whatsoever, in law, admiralty, equity, arbitration or otherwise,
including, specifically and without limitation, any claim for fraud or
misrepresentation (including any claim for fraud or misrepresentation with
respect to their grant of this release), whether known or unknown, accrued or
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not accrued, foreseen or unforeseen, matured or not matured, that Zwan, Digital
and/or LMI ever had, now have or hereafter can, shall or may have, as of the
date of this Mutual General Release; provided, however, that this Mutual General
Release does not release or discharge any rights of Zwan and/or Digital or
obligations of Xxxxx provided for in the Settlement Agreement between them dated
as of November 13, 1998.
3. Each party represents and warrants that the signatory hereto has
full authority to enter into this Mutual General Release on behalf of that party
and the authority and capacity to bind that party thereto.
4. In witness of this Mutual General Release, the parties, after having
been duly authorized, have executed this Mutual General Release as of the date
specified above.
/s/ Xxxx Xxxxx Xxxxx
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XXXX XXXXX XXXXX
Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
Attorney-at-Law
Lifetime Commission
GREAT AMERICAN FUN CORP.
By /s/ Xxxx Xxxxx Xxxxxx
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Its COB
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Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
Attorney-at-Law
Lifetime Commission
GREAT AMERICAN FUN (HK) Ltd.
By /s/ Xxxx Xxxxx Xxxxxx
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Its COB
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Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
/s/ Xxxxx X. Xxxx
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XXXXX X. XXXX
Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
DIGITAL LIGHTWAVE, Inc.
By /s/ Xxxx X. Xxxx
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Its Chief Executive Officer
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Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
LOGICAL MAGIC, Inc.
By /s/ Xxxxx X. Xxxx
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Its President
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Sworn to before me and subscribed in my presence on November 13, 1998.
/s/ Xxxx X. Xxxx
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Notary Public
Attorney-at-Law
Lifetime Commission
