Release by Consultant. (a) The Consultant, on and from the Novation Date, releases the Principal from:
Release by Consultant. The Consultant releases, relinquishes and discharges the City, its elected officials, officers, directors, agents, employees, representatives and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense, for any injury to or death of any person (whether employees of either party or other third parties) and any loss or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with the work it performed under this Agreement. This release shall apply regardless of whether the claims, demands and/or causes of action are covered in whole or in part by insurance.
Release by Consultant. (a) In consideration of the rights and --------------------- obligations created by this Agreement, Consultant for himself, his heirs, personal representatives, successors and assigns, hereby fully and forever releases and discharges the Company, its affiliates, Related Companies and each of them, as well as their officers, directors, shareholders, employees, agents, attorneys and the successors and assigns of each of them, from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever, at law or in equity, known or unknown, suspected or unsuspected, that Consultant may now have or claim at any future time to have, based in whole or in part upon any act or omission through the date of this Agreement, including without limitation those claims, demands, obligations, actions, liabilities and damages arising from, relating to or based upon Consultant's employment with the Company or separation from employment with the Company, except as provided herein.
Release by Consultant. Consultant, on behalf of himself, his agents, attorneys, heirs, successors in interest, subrogees, subrogors and assigns, hereby waives, releases and forever discharges the Company and its successors and assigns, and all persons acting by, through, under or in concert with the Company, including all other persons, agents, directors, officers, employees, attorneys, partnerships, parents, subsidiaries, joint ventures, corporations, associations and any other legal entities with whom the Company, has been, is now, or may hereafter be affiliated or associated, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims, damages, costs, demands, losses of every kind and nature whatsoever, fixed or contingent, whether known or unknown, anticipated or unanticipated, direct or indirect, whether based on tort, contract, statutory or other legal theories of recovery, and whether for compensatory (both general and specific), punitive or exemplary, statutory or any other form of damages (hereinafter called "Claims"), (a) that have arisen or may arise under ADEA on or before the date of this Agreement or (b) that Consultant otherwise now has, ever had or may have against the Company; provided, however, that the release set forth in this Section 17 shall not apply to (a) Claims based on or arising out of any breach by the Company of any of its agreements set forth in this Agreement which are material or the Other Agreements or (b) Claims based on or arising out of any material matter as to which there has been active and intentional concealment by the Company from Consultant. Consultant acknowledges that his release of Claims under ADEA is done in return for compensation in addition to anything of value to which Consultant was already entitled prior to the date on which this Agreement was executed.
Release by Consultant. In exchange for the good and valuable consideration contained in this First Amendment, the receipt of which is hereby acknowledged, Consultant hereby waives, releases and discharges Eos, its officers, directors, shareholders, employees, agents and their respective affiliates, successors and assigns from any and all manner of action, claim, lien, demands, liabilities, causes of action, charges, complaints, suits, damages, debts, demands, obligations of any other nature, past or present, known or unknown, whether in law or inequity, whether founded upon contract (express or implied), tort, statute or regulation, common law and/or any other theory or basis, from the beginning of time to the date hereof relating to the Share Interests (collectively referred to as “Claims”), but not including any claim for the enforcement of the terms contained in this First Amendment.
Release by Consultant. Effective as of the Commencement Date, Consultant, for and on behalf of himself, individually, and his heirs, executors, trustees, administrators, representatives and assigns, if any, hereby fully, finally, completely, and forever releases, discharges, acquits, and relinquishes, the Company, its predecessors, successors, parent entities, subsidiaries, attorneys, officers, directors, employees, stockholders, agents and assigns, jointly and/or severally, from any and all claims, actions, demands, liabilities, promises, obligations, damages and/or causes of action of whatever kind or character, joint or several, whether known or unknown, suspected or unsuspected, asserted or unasserted, under any federal or state statute and common law, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Texas Commission on Human Rights Act; the Employee Retirement Income Security Act; the Fair Labor Standards Act; THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (29 U.S.C. Section 621, et seq.); the Texas Payday law, Tex. Lab. Code section 61.001; claims based on alleged breach of an obligation or duty arising in contract or tort, including, but not limited to, any and all claims arising under the Employment Agreement or otherwise relating to any alleged breach of any oral or written promise or employment contract, any and all claims for unpaid or withheld wages, bonuses, benefits, stock or stock options, deferred compensation, commissions, or profit-sharing, any claims for wrongful discharge, retaliation or termination, breach of contract, promissory estoppel, fraud, breach of any implied covenants, assault, battery, negligent hiring, negligent retention, defamation, invasion of privacy, slander or intentional infliction of emotional distress, harassment, negligence, gross negligence, and strict liability; any alleged unlawful act; any and all claims by Consultant, directly or derivatively, in his capacity as a stockholder against the Company or its officers or directors for breach of any duty owed to the stockholders of the Company; or any other claim regardless of the forum in which it might be brought, if any, that he has, might have, or might claim to have against the Company, for any and all injuries, harm, damages, penalties, costs, losses, expenses, attorneys' fees, and/or liability or other detriment, if any, whatsoever and whenever incurred, suffered, or claimed by Consultant as a result of any and all alleged...
Release by Consultant. Except as set forth in this Agreement and in --------------------- the Consulting and Non-Competition Agreement executed contemporaneously herewith, Consultant hereby releases and forever discharges First Xxxxxxx, the Bank and their directors, officers, agents, employees and representatives, from any and all claims, costs, damages, liabilities or expenses of whatsoever nature, whether in contract or in tort, arising out of or in connection with First Xxxxxxx or the Bank, or any matter pertaining thereto; provided, that nothing herein shall release the liability of the Bank to Consultant with respect to any bank account maintained by Consultant with the Bank.
Release by Consultant. In consideration of his receipt of the payments provided for hereunder, and except for those obligations created by or arising out of this Agreement, including the indemnification obligations of Simon set forth in Paragraph 5 above, Consultant hereby covenants not to sue and fully releases and discharges Simon and its parent, subsidixxx and affiliated entities, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them (hereinafter together and collectively referred to as the "Simon Releasees"), with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or has at any time heretofore owned or held or may in the future hold as against said Simon Releasees, arising out of or in any way connected with his consulting relationship with Simon or the termination thereof, his stockholder status, his Board of Directors status or any other transactions, occurrences, acts or omissions or any loss, damage or injury of any nature or cause whatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of Simon and/or the Simon Releasees, or any of them, committed or omitted on or prior to the Termination Date (collectively, "Consultant Claims"). The foregoing release and covenant not to sue shall not extend to Ronald Burkle; The Yucaipa Companies, LLC; Xxxrseas Toys, L.P.; OA3, XXX; xx Xxxti-Accounts, LLC.
Release by Consultant. Consultant, for himself and for his predecessors, successors, personal representatives, heirs, agents and assigns (collectively, the "Releasing Parties"), hereby releases and discharges each of the Company, Royce and their respective stockholders, directors, officers, employees, affiliates, attorneys, agents and representatives and their predecessors, successors, personal representatives, heirs, agents and assigns, (collectively, the "Consultant's Released Parties"), from any and all actions, causes of action, suits, charges, complaints, claims, liabilities, obligations, controversies, assessments, judgments, proceedings, deficiencies, losses, fines, penalties, costs, damages and expenses (including, without limitation, expenses of investigation and attorney's and expert witnesses' fees and disbursements), of any nature whatsoever, at law or in equity, including without limitation any claims arising under the Age Discrimination in Employment Act (collectively, the "Released Claims"), which the Releasing Parties had, now have, or hereafter may have against any of Consultant's Released Parties, relating to Consultant's employment with the Company and Royce or the termination of Consultant's employment with the Company and Royce. Notwithstanding the provisions of this Section 8, the Consultant's Released Parties shall not be released from their respective obligations contained in (a) this Agreement; (b) Section 7(c) of the Employment Agreement; and (c) the Company's option grants to Consultant.
Release by Consultant. As a material inducement to the Company to enter into this Agreement, Consultant is concurrently herewith executing a valid release in substantially the form attached hereto as Exhibit A.
