Acknowledgment of Settlement. The Parties, as described in section 10 below, acknowledge that (i) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Shares, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, including by reason of the Debt and (ii) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party, for any acts or omissions up to and including the date of this Agreement as set forth in section 10, including, without limitation, the Debt.
Acknowledgment of Settlement. The Parties, as broadly described in paragraph 3 above, acknowledge that (i) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Payment, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, as broadly described in paragraph 3 above, including the Employment Agreement; and (ii) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party, as broadly described in paragraph 3 above, for any acts or omissions up to and including the Effective Date of this Agreement. Notwithstanding the foregoing, nothing herein or this Settlement Agreement and Release shall limit or impede the Claimant’s right to participate in any investigation or proceedings by any local, state or federal agency or to engage in any activities protected under whistleblower statutes but the Claimant agrees that, if he or anyone acting on his behalf brings any claim, charge, action or liability concerning or relating to any claim, charge, action or liability released, the Claimant hereby waives any right to, and will not be entitled to, any payments, monies, or damages from the Company or any other releasee referenced in paragraph 3, above, in connection therewith.
Acknowledgment of Settlement. The Company and the Holder, as broadly described in Section 2 above, acknowledge that (i) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Payment, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, as broadly described in Section 2 above, including related to or arising from the Financing and (ii) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other party, as broadly described in Section 2 above, for any acts or omissions up to, including, and subsequent to the Effective Date, related to or arising from the Financing.
Acknowledgment of Settlement. The parties acknowledge that (i) the consideration set forth in this Settlement Agreement, which includes, but is not limited to, the Settlement Terms, is in full settlement of all Claims, and (ii) by signing this Settlement Agreement, and accepting the Settlement Terms provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other party for any acts or omissions with respect to the Disputes and Claims.
Acknowledgment of Settlement. The Parties, as broadly described in paragraphs 5, 6 and 7 above, acknowledge that (i) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Payment, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, as broadly described in paragraphs 5, 6 and 7 above, including by reason of the Redemption Litigation and the Dividend Litigation and (ii) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party, as broadly described in paragraph 5, 6 and 7 above, for any acts or omissions up to and including the Effective Date, as set forth in paragraph 5,6, 7 and 24, including, without limitation, claims raised in the Redemption Litigation and the Dividend Litigation.
Acknowledgment of Settlement. The Parties, as broadly described in paragraph 3 above, acknowledge that (a) the consideration set forth in this Agreement, which includes, but is not limited to, the Waiver and the issuance of Company securities, is in full settlement of all claims or losses of whatsoever kind or character that they have, or may ever have had, against the other Party, as broadly described in paragraph 3 above, including by reason of the Default and (b) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party, as broadly described in paragraph 3 above, for any acts or omissions up to and including the date of this Agreement, including, without limitation, the Default.
Acknowledgment of Settlement. Each Former Director acknowledges that (a) the consideration set forth in this Agreement is in full settlement of all claims or losses of whatsoever kind or character that he has, or may ever have had, against the Company including by reason of the Dispute and (b) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, he is giving up forever any right to seek further monetary or other relief from the Company for any acts or omissions up to and including the date hereof, including, without limitation, the Dispute.
Acknowledgment of Settlement. (a) The parties hereto acknowledge that a Memorandum of Understanding in connection with the potential settlement of an action now pending in the Third Judicial District Court in and for Summit County, Utah entitled Pennsylvania Avenue Partners, LLC v. United Park City Mines Co., et al., Case No. 030500337 (the "Action") has been executed by the parties to such Action. The Purchaser and Seller have consented to such settlement provisions.
Acknowledgment of Settlement. NPE acknowledge that (a) the consideration set forth in this Agreement, which includes, but is not limited to, the Settlement Terms, is in full settlement of all claims or losses of whatsoever kind or character that it has, or may ever have had, against the MCOA, including by reason of the Dispute and (b) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, NPE is giving up forever any right to seek further monetary or other relief from the MCOA, as broadly described in above, for any acts or omissions up to and including the Effective Date, as set forth in the recitals.
Acknowledgment of Settlement. The Parties, as broadly described in Section 2 above, acknowledge that (a) the consideration set forth in this Release, which includes, but is not limited to, the Settlement Amount, is in full settlement of all Damages and Claims of whatsoever kind or character that they have, or may ever have had, against the other Party, and (ii) by signing this Release, and accepting the consideration provided herein and the benefits of it, they are giving up forever any right to seek further monetary or other relief from the other Party for any acts or omissions up to and including the Effective Date including, without limitation, the Disputes and the Agreement.
