Common use of Mutual General Release Clause in Contracts

Mutual General Release. Expressly conditioned upon timely completion of the delivery requirements set forth under Section 2 above the Parties, each for themselves, their respective Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, heirs, executors, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, successors, heirs, executors, and administrators, subsidiary entities, former entities, attorneys, and all others acting by, through, under, or in concert with the other, and each of them, from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, costs, or expenses, of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which each now has or may hereafter have by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to any rights or claims to any profits or losses related to the investment in ISN stock, all as if expressly set forth and described with particularity in this Agreement. Notwithstanding the above, or any other provisions of this instrument, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of the provisions of this Agreement.

Mutual General Release. Expressly conditioned upon timely completion For and in consideration of the delivery requirements mutual promises and covenants set forth under Section 2 above herein, the sufficiency of which are hereby acknowledged, the Parties, each for themselvesand on behalf of themselves and their current or former parents, their respective Boards of Directorssubsidiaries, affiliates, franchisees, former or current trustees, directors, officers, managers, shareholders, assignspartners, joint venturers, agents, attorneys, employees, agentsparticipants, predecessorsmembers, associates, representatives, heirs, executorsbeneficiaries, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agentsinsurers, predecessors, successors, heirsassigns, executors, and administrators, subsidiary and/or affiliated entities, do hereby release each other and their current or former entitiesparents, subsidiaries, affiliates, franchisees, former or current trustees, directors, officers, managers, shareholders, partners, joint venturers, agents, attorneys, and all others acting byemployees, throughparticipants, undermembers, or in concert with the otherassociates, and each of themrepresentatives, heirs, beneficiaries, insurers, predecessors, successors, assigns, and/or affiliated entities from any and all manner of action or actionsclaims, cause liabilities, demands, suits, damages, losses, actions or causes of action, in law whether individual, representative, direct, indirect, or derivative, known or unknown, asserted or unasserted, latent or patent, that are, have been, could reasonably have been, or in equitythe future might reasonably be asserted by any of them in any proceeding in any court or forum, suitsregardless of legal theory or relief claimed, debts, liens, contracts (express, implied in factarising from, or implied by law)in any way related to, agreementsany act, promisestransaction, liabilities, claims, set offs, rights occurrence or event that occurred prior to the date of this Settlement Agreement and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, coststhat arises from, or expensesrelates in any way to, any aspect of their relationship prior to the date of this Settlement Agreement (the “Released Claims”). Without limiting in any way the generality of the foregoing, this full waiver and release includes any and all charges, complaints, claims and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which each now has or may hereafter have by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality unsuspected arising out of the foregoingfacts or circumstance alleged by any Party in the Demand, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to any rights or claims to any profits or losses related to the investment in ISN stock, all as if expressly set forth and described with particularity in this Agreement. Notwithstanding the aboveCounterclaim, or any other provisions submission in the Arbitration. The Parties understand that, among the various rights and claims being waived in this Agreement, are those potentially or currently existing under any federal, state, and local laws, regulations and ordinances, as well as the right to recover attorneys’ fees. Nothing in the foregoing paragraph shall be deemed to abrogate the right of either of the Parties to enforce the terms of this instrument, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of the provisions of this Settlement Agreement.

Mutual General Release. Expressly conditioned upon timely completion Upon full performance of the delivery requirements set forth under Section Paragraph 2 above and in consideration for the performance of all terms and conditions of this Agreement, except as to such rights as may be created by this Agreement, the Parties, each for themselves, their respective Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, heirs, executors, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, successors, heirs, executors, and administrators, subsidiary entities, former entities, attorneys, and all others acting by, through, under, or in concert with the other, and each of them, on behalf of themselves and their past and present parents, subsidiaries, affiliates, officers, directors, agents, servants, professional corporations, employees, heirs, executors, representatives, investors, shareholders, attorneys, predecessors, successors, assigns, sureties, insurers, excess insurers, reinsurers, principals, managing members, Settlement Agreement and Mutual General Release trustees, beneficiaries, unit holders, limited and general partners, and all persons acting through or in concert with any of them, hereby generally release and forever discharge each other and their respective past and present parents, subsidiaries, affiliates, officers, directors, agents, servants, professional corporations, employees, heirs, executors, representatives, investors, shareholders, attorneys, predecessors, successors, assigns, sureties, insurers, excess insurers, reinsurers, principals, managing members, trustees, beneficiaries, unit holders, limited and general partners, and all persons acting through or in concert with any of them, if any, from any and all manner claims, losses, debts, liabilities, demands, obligations, rights, disputes, fees, controversies, costs, expenses, damages, actions and causes of action or actions, cause or causes of actionwhatsoever, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, costs, or expenses, of any nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, which each now has or may hereafter have by reason existing as of any matter, cause, or thing whatsoever from the beginning of time to the date hereofof this Agreement and accrued or hereafter accruing from any cause whatsoever, including, without limiting the generality of the foregoing, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to to, any rights or claims to any profits or losses related to the investment in ISN stockand all claims, all as if expressly set forth demands and described with particularity in this Agreement. Notwithstanding the aboveallegations, made, or any other provisions of this instrumentwhich could have been made, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of or relating to the provisions of this AgreementCreditor Claims (collectively, the “Released Claims”).

Mutual General Release. Expressly conditioned upon timely completion of the delivery requirements set forth under Section 2 above the Parties, each for themselves, their respective Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, heirs, executors, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, successors, heirs, executors, and administrators, subsidiary entities, former entities, attorneys, and all others acting by, through, under, or in concert with the other, and each of them, from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, costs, or expenses, of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which each now has or may hereafter have by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Employment Agreement and the Parties investment in ISN, including but not limited services of Xxxxxxx to any rights or claims to any profits or losses related ISN during and prior to the investment in ISN stock, all as if expressly set forth and described with particularity in this term of the Employment Agreement. Notwithstanding the above, or any other provisions of this instrument, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of the provisions of this Agreement.

Mutual General Release. Expressly conditioned upon timely completion Upon full performance of the delivery requirements set forth under Section Paragraph 2 above and in consideration for the performance of all terms and conditions of this Agreement, except as to such rights as may be created by this Agreement, the Parties, each for themselves, their respective Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, heirs, executors, and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agents, predecessors, successors, heirs, executors, and administrators, subsidiary entities, former entities, attorneys, and all others acting by, through, under, or in concert with the other, and each of them, on behalf of themselves and their past and present parents, subsidiaries, affiliates, officers, directors, agents, servants, professional corporations, employees, heirs, executors, representatives, investors, shareholders, attorneys, predecessors, successors, assigns, sureties, insurers, excess insurers, reinsurers, principals, managing members, trustees, beneficiaries, unit holders, limited and general partners, and all persons acting through or in concert with any of them, hereby generally release and forever discharge each other and their respective past and present parents, subsidiaries, affiliates, officers, directors, agents, servants, professional corporations, employees, heirs, executors, representatives, investors, shareholders, attorneys, predecessors, successors, assigns, sureties, insurers, excess insurers, reinsurers, principals, managing members, trustees, beneficiaries, unit holders, limited and general partners, and all persons acting through or in concert with any of them, if any, from any and all manner claims, losses, debts, liabilities, demands, obligations, rights, disputes, fees, controversies, costs, expenses, damages, actions and causes of action or actions, cause or causes of actionwhatsoever, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demands, damages, losses, costs, or expenses, of any nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, which each now has or may hereafter have by reason existing as of any matter, cause, or thing whatsoever from the beginning of time to the date hereofof this Agreement and accrued or hereafter accruing from any cause whatsoever, including, without limiting the generality of the foregoing, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to to, any rights or claims to any profits or losses related to the investment in ISN stockand all claims, all as if expressly set forth demands and described with particularity in this Agreement. Notwithstanding the aboveallegations, made, or any other provisions of this instrumentwhich could have been made, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of or relating to the provisions of this AgreementRMM/INDIVIDUALS Claims (collectively, the “Released Claims”).

Mutual General Release. Expressly conditioned upon timely completion Each Party, for and on behalf of the delivery requirements set forth under Section 2 above the Parties, each for themselves, their respective Boards of Directors, itself and its current and former officers, shareholders, assignsdirectors, employees, agentssubsidiaries, predecessors, heirs, executors, parent and administrators, successors, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directors, officers, shareholders, assigns, employees, agentssister corporations, predecessors, successors, heirsagents, assigns, affiliates, trustees, servants, attorneys, personal representatives, executors, and administrators, subsidiary entitiesinsurers, reinsurers, subrogees, and all those in whose right the foregoing might have claimed, does hereby irrevocably, unconditionally, fully, finally, and forever release, remise and discharge every other Party and all of its current and former entitiesofficers, directors, employees, subsidiaries, parent and sister corporations, predecessors, successors, agents, assigns, affiliates, trustees, servants, attorneys, personal representatives, executors, administrators, insurers, reinsurers, subrogees, and all others acting bythose in whose right the foregoing might have claimed, through, under, or in concert with the other, of and each of them, from any and all manner of action or rights, claims, demands, suits, actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpayments, demandsobligations, damages, costs, losses, costsinterest, or expenses, expenses and liabilities of any kind or nature whatsoever, whether legal, equitable or statutory, liquidated or unliquidated, known or unknown, suspected or unsuspected, reasonably discoverable or not, present, fixed or contingent, which each now has whether accrued or may hereafter unaccrued, arising out of anything that shall have by reason of any matter, causeoccurred, or thing whatsoever based upon any action, omission or event, that each Party, from the beginning of time to the date hereof, includingever had, without limiting now has or could have had against any other Party; provided, however, nothing in this paragraph shall be deemed to release any claim relating to or otherwise seeking enforcement of the generality terms of this Agreement. Further, notwithstanding the foregoing, each Party shall retain whatever rights and claims it has or may have against Xxxxx X. Xxxx or under any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to any rights or claims to any profits or losses related to the investment in ISN stock, all as if expressly set forth and described with particularity in this Agreement. Notwithstanding the above, or any other provisions of this instrument, this Agreement shall not affect, discharge, or release any insurance policy covering such released claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of the provisions of this Agreement.

Mutual General Release. Expressly conditioned upon timely completion of In consideration for the delivery requirements promises and covenants set forth under Section 2 above in this Agreement and for other good and valuable consideration, the Partiesreceipt and sufficiency of which is hereby acknowledged, each for themselvesExpedia and Xpedior, on behalf of themselves and their respective Boards of Directorspresent or former owners, stockholders, fiduciaries, representatives, lawyers, officers, shareholdersdirectors, assignsagents, employees, agents, predecessors, heirssuccessors and assigns, executorsif any (hereinafter "Releasors"), agree that they shall, effective as of the date that Xpedior changes its corporate name and administratorsceases to use XPEDIOR as a trademark, successorswithout further act or agreement, subsidiary entities, former entities, attorneys, and any others claiming under or through them, both past and present, do hereby release and forever discharge each other, and each of the others' Boards of Directorsother's respective present or former owners, stockholders, fiduciaries, representatives, lawyers, officers, shareholdersdirectors, assignsagents, employees, agents, predecessors, successors, heirsand assigns, executors, and administrators, subsidiary entities, former entities, attorneysif any, and all others persons acting by, through, under, under or in concert with the otherthem, and each or any of them, (hereinafter "Releasees"), of and from any and all manner of claim or claims, action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts (express, implied in fact, or implied by law), agreements, promises, liabilities, claims, set offs, rights and claims for indemnity and/or contribution, refunds, overpaymentsloss, demands, damages, lossescontroversies, costsliabilities, contracts, agreements, cost or expensesexpense, of any nature whatsoever, whether known or unknown, fixed or contingent, suspected or unsuspected, fixed which Releasors, or contingentany of them, which each now has against Releasees, or may hereafter have any of them, through and including the date of execution of this Agreement by reason of any matter, cause, matter or thing whatsoever from whatsoever, including any claim arising out of, based upon or related to Xpedior's use of its corporate name or any matters that were alleged, or could have been alleged, in the beginning Pending Lawsuit. This release shall not apply, however, to any breach of time this Agreement, or any claim arising subsequent to the date hereof, including, without limiting the generality of the foregoing, any matters that or might have been in any way raised, by complaint, cross-complaint or otherwise, as a result of the Merger Agreement and the Parties investment in ISN, including but not limited to any rights or claims to any profits or losses related to the investment in ISN stock, all as if expressly set forth and described with particularity in this Agreement. Notwithstanding the above, or any other provisions of this instrument, this Agreement shall not affect, discharge, or release any claims, known or unknown, which arise from or relate to the rights or obligations of the parties hereto, whether presently existing or subsequently accruing, with respect to the obligations created by or arising out of the provisions of this Agreement.