Mutual Release of Liability. Neither LESSOR nor LESSEE shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the demised property or the adjoining property, or in any manner growing out of or connected with XXXXXX'S use and co-occupation of the demised premises, or the condition thereof, or the adjoining property, whether or not caused by the negligence or other fault of LESSOR or LESSEE or their respective agents, employees, subtenants, licensees, or assignees. This release shall apply only to the extent that such business interruption loss or damage to property, or injury to or death of persons is covered by insurance, regardless of whether such insurance is payable to or protects LESSOR or LESSEE or both. Nothing in this paragraph shall be construed to impose any other or greater liability upon either LESSOR or LESSEE than would have existed in the absence of the paragraph. This release shall be in effect only so long as the applicable insurance policies contain a clause to the effect that his release shall not affect the right of the insured to recover under such policies.
Mutual Release of Liability. The Parties, on their own behalves and on behalf of their respective affiliates, successors, assigns, heirs, representatives, agents, and officers, hereby waive, release, and forever discharge each other, and each of their respective affiliates, successors, assigns, heirs, representatives, agents, and officers, of and from all claims, counterclaims, expenses, attorney's fees, obligations, and liability of any kind whatsoever, whether such claims were asserted or any have been asserted, whether presently known or unknown, including, but not limited to, claims arising out of or relating to their relationship to each other prior to this transaction, including, without limitation, any actions or omissions, loss of Data, or the use of the Donation after the execution of this Agreement. Notwithstanding this waiver and release, the parties retain their rights to enforce the terms of this Agreement.
Mutual Release of Liability. Neither party shall be liable to the other for damage arising out of the occurrence of damage to or destruction of the building or the leased premises or the contents thereof by fire or other casualty, which loss is covered by any insurance policy of either party.
Mutual Release of Liability. Upon completion of all of their respective obligations herein, the UNY Conference and Local Church, for themselves and their agents, representatives, members, trustees, employees, successors, attorneys, and assigns, hereby fully and forever covenant not to sue each other, and release and discharge each other, and their current and former trustees, officers, representatives, employees, and assigns, in both their official and individual capacities, from any liability for any and all causes of action and claims, including any statutory or common law cause of action, tort or contractual claims, any claims for attorneys’ fees, expenses and all other damages, whether known or unknown, foreseen or unforeseen, which the UNY Conference or Local Church ever had, now has, hereafter may have or claim to have against any of the above-named entities or persons in any way arising out of their relationship with each other. The Parties further represent they have no pending lawsuit, charge, complaint, or other action against each other. Notwithstanding the foregoing releases and covenants not to sue, the parties may take action to enforce the terms of this Agreement, including the indemnity in Section 10 11 above, in any court where jurisdiction and venue are proper, and both Parties reserve their rights against each other and their successors and assigns for contribution and indemnification arising out of any personal injury or property damage claim raised by any third-party.
Mutual Release of Liability. In consideration for the termination of the Sublease, upon the Sublease Termination Date, Subtenant hereby forever relieves, releases and discharges Sublandlord and its directors, officers, members, shareholders, employees, representatives, agents, affiliates, parents, subsidiaries, successors and assigns from any and all claims relating to the Sublease or the Subleased Premises, provided the foregoing release shall not release, discharge or relieve Sublandlord from its obligation to return the portion of the Security Deposit required to be returned to Subtenant in accordance with Paragraph 5 below. In consideration for the termination of the Sublease, upon the Sublease Termination Date, Sublandlord hereby forever relieves, releases and discharges Subtenant and its directors, officers, members, shareholders, employees, representatives, agents, affiliates, parents, subsidiaries, successor, and assigns from any and all claims relating to the Sublease or the Subleased Premises, provided the foregoing release shall not release, discharge or relieve Subtenant from any claims or duties that accrued prior to termination or any liabilities or obligations intended to survive expiration of the Sublease. Each Party fully understands that, among other things, if the facts with respect to this Agreement and the mutual releases set forth herein are found hereafter to be other than or different from the facts they now believe to be true, such Party expressly accepts and assumes the risk of such possible differences in facts regardless of any possible reason for such possible differences in facts. Each Party agrees that the releases shall remain in effect and are not subject to termination or rescission because of any such asserted or actual differences in facts.
Mutual Release of Liability. The Parties understand, to the best of their knowledge, that OneTone bears no outstanding liabilities to the County, and is not subject to any current claims by the County. Notwithstanding the foregoing, and for the consideration noted herein, the County hereby releases OneTone from any such claims or liabilities that may arise from activities undertaken prior to the Effective Date of this Master Agreement. The Parties understand, to the best of their knowledge, that the County is not subject to any outstanding liability, legal claim, or regulatory enforcement action relating to the Network, whether arising in the past or the future. Notwithstanding the foregoing, OneTone will hold harmless, indemnify and defend the County in any such action brought after the Effective Date, as further described in Section 13 (Indemnification).
Mutual Release of Liability. Executive and HealthAxis agree to and shall execute a mutual release of liability that is mutually satisfactory to both parties to be effective upon the date of Executive's resignation as Chairman. Accepted, Agreed to and Effective this 29th day of December, 2000. /s/ Xxxxxxx Xxxxxx ------------------------ XXXXXXX XXXXXX XXXXXXXXXX.XXX, INC. BY: /S/ XXXXXXX X. XXXXXXXXX --------------------------- XXXXXXX X. XXXXXXXXX SVP & GENERAL COUNSEL Accepted and Agreed to, this 29th day of December, 2000, with all obligations contemplated herein contingent upon consummation of the Merger. HealthAxis Inc. By: /s/ Xxxxxxx X. Xxxxx -------------------------- Xxxxxxx X. Xxxxx Chief Financial Officer
Mutual Release of Liability. Each party, on behalf of themselves, their trustees, employees, members, successors and assigns, releases and holds harmless the other from all claims and liability arising out of their denominational affiliation and disaffiliation, except for any breach of this agreement, including the indemnification obligations set forth in paragraphs 10 and 13 hereof.
Mutual Release of Liability. Parents and Xxxxx, on behalf of themselves and any entity in which they hold an ownership interest, or for which they are representatives in any respect whatsoever and/or are part of a collective group, hereby release, acquit, discharge and forever covenant not to xxx XxxxXxxxxx, its successor/s and/or predecessors in interest, its past and present officers, directors (including, but not limited to Faber and Xxxxx), its certain shareholders defined above as: Longview Fund, L.P., Longview Equity Fund, L.P., Longview International Equity Fund, L.P., Redwood Grove Capital Management, L.L.C., Redwood Grove Capital Management, Ltd., Viking Asset Management, L.L.C., Viking Asset Management, Ltd., Xxxx X. Xxxxxxxx, InterGroup Corporation, Portsmouth Square, Inc., Santa Fe Financial Corporation, and Xxxxxxxx Curhan Ford & Co., including for all of the foregoing, their officers, directors, employees, agents, affiliates, heirs, executors, administrators, insurance carriers and related entities on any and all claims, causes of action, lawsuits, demands, liabilities, debts, covenants, contracts, representations, warranties and damages of any kind, whether known or unknown, contingent or fixed, including but not limited to any claims arising out of or connected to in any way whatsoever, shareholder derivative future lawsuits, and/or actions and/or class actions, which Parents and/or Xxxxx had, now have, or may claim to have had as of the date of this Agreement by reason of any act or omission whatsoever, concerning any matter, cause or things, including without limiting the generality of the foregoing, those relating to, arising out of, or described in, addressed by, or that could have been asserted in the State Court Action or the Federal Court Action. Parents and Xxxxx understand and agree that the release set forth in this paragraph constitutes a general release not only of all claims regarding damages or losses which are now known, but also of all claims regarding any damages or losses which may develop in the future or which may currently be existing but are unknown to Parents and/or Xxxxx. This general release is not limited to claims expressly stated in the State Court Action or Federal Court Action, and shall serve as a release of any and all potential claims. GoldSpring, its officers, its directors, including but not limited to Faber and Xxxxx, its certain shareholders defined above as Longview Fund, L.P., Longview Equity Fund, L.P., Longview International Equ...
Mutual Release of Liability. Except as provided in or arising under this Agreement, TSE and MPS, on behalf of themselves and their respective officers, directors, employees, agents, Affiliates, attorneys, successors and assigns, each completely, unconditionally and forever releases one another and their respective officers, directors,
