Common use of Release by the Company Clause in Contracts

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunder, none of which are released hereby until the Company’s receipt of the Note.

Release by the Company. Upon the execution of this AgreementThe Company, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, ’s divisions, affiliates, subsidiaries, related business entitiesand other affiliated entities (whether or not such entities are wholly owned), shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representativesthe predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (collectively, the “Company Releasing Parties”), hereby absolutelyagree not to xxx the Executive, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vistahis spouse, its respective affiliates and each of its respective pastpersonal or legal representatives, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneysexecutors, administrators, representativessuccessors, successors and assigns heirs, distributees, devisees or legatees, or the Beneficiary (collectively, as hereinafter defined) (hereinafter referred to as the “Vista Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities Exchange Act of 1934) of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, actions, causes of action, suits, debtslawsuits, liabilities, obligations, sums of moneydebts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgmentsjudgments and demands of any nature whatsoever, executionsin law or in equity, claims both known and demands, whether known or unknown, suspected asserted or unsuspectednot asserted, absolute foreseen or contingentunforeseen, direct which the Company Releasing Parties ever had or indirect or nominally or beneficially possessed or claimed by may presently have against any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Executive Released Parties, in respect of or Parties arising from the Settled Claimsbeginning of time up to and including the effective date of this Agreement, (collectivelyincluding, without limitation, all matters in any way related to Executive’s employment by the “Company Released Claims”)or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Facts; provided, however, that nothing contained in this Agreement shall be construed to prohibit apply to, or release the Company from bringing appropriate proceedings to enforce the obligations Executive Released Parties from, any obligation of Vista hereunder, none of which are released hereby until the Company’s receipt Executive contained in Article IX of the NoteEmployment Agreement.

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of VistaYazbeck, its his respective affiliates and each of its his respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Yazbeck Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Yazbeck Released Parties, in respect of or arising from the Settled Claims, (collectivelycollectively the “Company Released Claims” and together with the Yazbeck Released Claims, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista Yazbeck hereunder, none of which are released hereby until the CompanyYazbeck’s receipt of the NoteSettlement Amount.

Release by the Company. Upon the execution of this Agreement, the The Company, on for itself, each of its own behalfsubsidiaries and Affiliates, successors and assigns, and on behalf any of its their respective past, present or and future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, representatives, attorneys, administratorsofficers, heirsdirectors, executors, trustees, beneficiaries, representatives, successors stockholders and assigns trustees (collectively, collectively the “Company Releasing Parties”), does hereby absolutelyfully, unconditionally finally and irrevocably RELEASE forever remise, release and FOREVER DISCHARGE each of Vistadischarge (the “Company Release”) the Advisor, its respective affiliates subsidiaries and each Affiliates, successors and assigns, and any of its their respective past, present or and future entitiesemployees, divisionsagents, affiliatesrepresentatives, subsidiariesattorneys, related business entities, shareholders, members, partners, limited partnersofficers, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors stockholders and assigns trustees (collectively, collectively the “Vista Company Released Parties”) ), from any and all claims, actions, causes and rights of action, counterclaims, suits, debts, liabilities, obligationsdues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreementsdamages, promises, special damages, judgments, expenses, executions, liens, claims of liens, claims of costs, penalties, attorneys’ fees, or any other compensation, recovery or relief, on account of any liability, obligation, demand or cause of action of whatever nature (collectively, “Losses”) relating to, arising out of or in connection with any claim that the Company should have settled the Payable Fees and demandsthe Relinquished Fees for an amount less than the Payment, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixedotherwise, whether currently outstanding or arising subsequent hereto (including as a result of newly enacted laws or regulations), known or unknown, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, hidden or concealed, disputed or undisputed, liquidated or unliquidated, matured or unmatured and whether or not accrued, and whether or not asserted or assertable in law, equity or otherwise, for, upon or by reason of any act, omission, negligence or other matter, cause or thing whatsoever from the beginning of the world until the date hereof, which such any of the Company Releasing Party Parties ever had or may have had, now hashave, or hereafter can, shall or may have against any or all of the Vista Company Released PartiesParties for, upon or by reason of any act, omission or other matter, cause or thing whatsoever, in respect of or arising whatever capacity, from the Settled Claimsbeginning of the world until the date hereof; and each of the Company Releasing Parties hereby agrees that it shall not make any claim, (collectivelydemand or cause of action that the Company should have settled the Payable Fees and the Relinquished Fees for an amount less than the Payment, or challenging the “validity, legality, binding nature or enforceability of the Company Released Claims”); providedRelease. Notwithstanding the foregoing or any other provision of this Agreement, however, that nothing contained in this Agreement shall be construed deemed to prohibit constitute a release or discharge of the Advisor from its obligations under this Agreement, the Advisory Agreement, the Original Renewal Agreement, the Amended Advisory Agreement, the Amended and Restated Renewal Agreement or the Merger Agreement not specifically contemplated by the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunder, none of which are released hereby until the Company’s receipt of the NoteRelease.

Release by the Company. Upon the execution (a) Except as expressly provided in Section 4 of this Agreement, the Company, on its own behalf, for and on behalf of its respective pastthe Company and each director, present officer, employee, agent, representative, shareholder (or future parent entitiesother equity holder), divisionscontrolled affiliate (as such term is defined in Rule 405 promulgated under the Securities Act of 1933, affiliatesas amended (the "SECURITIES ACT")), subsidiariesattorney, related business entitiesand accountant of the Company (including, shareholderswithout limitation, membersany employee, partnersagent, limited partnersrepresentative, present and former directorsheir, managing directorsassign, managerstrustee, officersbeneficiary, control personsor executor of any of the foregoing) (each, shareholdersa "COMPANY RELEASING PARTY," and, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”"COMPANY RELEASING PARTIES"), does hereby absolutelyfinally, unconditionally unconditionally, irrevocably, and irrevocably RELEASE absolutely release, acquit, remise, and FOREVER DISCHARGE forever discharge each of VistaSeller, its respective affiliates and each director, officer, employee, agent, representative, partner (or other equity holder), controlled affiliate (as such term is defined in Rule 405 promulgated under the Securities Act), attorney, and accountant of its respective pastsuch Seller (including, present without limitation, any employee, agent, representative, heir, assign, trustee, beneficiary, or future entitiesexecutor of any of the foregoing) (each, divisionsa "SELLER RELEASED PARTY," and, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) "SELLER RELEASED PARTIES"), from any and all claims, actionscounterclaims, charges, complaints, set-offs, demands, remedies, suits, proceedings, causes of action, suitsorders, obligations, contracts, agreements, debts, liabilitiescosts, obligationsexpenses, sums of money, accounts, covenants, contracts, controversies, agreements, promiseslosses, damages, judgmentsand liabilities of any kind, executionsat common law, claims and demandsstatutory or otherwise, whether known or unknown, whether mature or unmatured, whether absolute or contingent, whether direct or derivative, whether suspected or unsuspected, absolute whether liquidated or contingentunliquidated, direct existing or indirect or nominally or beneficially possessed or claimed by any arising as of the date of this Agreement (each, a "CLAIM," and, collectively, the "CLAIMS") which the Company Releasing Parties, whether the same be at law, in equity or mixed, which such any other Company Releasing Party ever had, now has, or hereafter can, shall may have had or may now have directly or derivatively against any or all of the Vista Seller Released PartiesParties with respect or related to, in respect of resulting from, based upon, or arising from the Settled Claimsout of any event, (collectivelyact, the “Company Released Claims”); providedor omission, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations negligence or fault of Vista hereunder, none of which are released hereby until the Company’s receipt any or all of the NoteSeller Released Parties that has existed or occurred (or is alleged to have existed or occurred) on or prior to the date of this Agreement.

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates LGH and each of its his respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors successors, assigns, and assigns related business entities (collectively, the “Vista LGH Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista LGH Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista LGH hereunder, none of which are released hereby until the Company’s receipt of the Note.

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates Mx. Xxxxxx and each of its his respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors successors, assigns, and assigns related business entities (collectively, the “Vista Hxxxxx Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Hxxxxx Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista Mx. Xxxxxx hereunder, none of which are released hereby until the Company’s receipt of the Note.

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates Black Mountain and each of its their respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors successors, assigns, and assigns related business entities (collectively, the “Vista Black Mountain Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Black Mountain Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista Black Mountain hereunder, none of which are released hereby until the Company’s receipt of the Note.

Release by the Company. Upon the execution of this Agreement(a) For good and sufficient consideration, the Company, Company accepts the Payment as full performance by the Blackstone Entities of their obligations under Section 6.03 of the Mortgage Business Sale Agreement and accordingly PHH does hereby on its own behalf, behalf and on behalf of its respective pastformer, present current or future parent entitiesofficers, divisionsdirectors, affiliatesagents, subsidiariesadvisors, related business entitiesrepresentatives, shareholdersmanagers, members, partners, limited partnersshareholders, present employees, subsidiaries, financing sources, affiliates (including, without limitation, controlling persons), employees of affiliates, principals, and former any heirs, executors, administrators, successors or assigns of any said person or entity, and any other person claiming (now or in the future) for the Company through or on behalf of the Company, unequivocally release and discharge, and hold harmless, the Blackstone Entities, and any of their respective former, current or future officers, directors, managing directorsagents, advisors, representatives, managers, officersmembers, control personspartners, shareholders, employees, agentssubsidiaries, attorneysfinancing sources, administratorsaffiliates (including, without limitation, controlling persons), employees of affiliates, principals, and any heirs, executors, trustees, beneficiaries, representativesadministrators, successors and or assigns of any said person or entity (collectively, the “Company Releasing Released Blackstone Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all past, present, direct, indirect and derivative liabilities, claims, rights, actions, counts, causes of action, obligations, sums of money due, attorneys’ fees, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether and damages of every kind and nature, in law or in equity, asserted or that could have been asserted, under federal or state statute, or common law, known or and unknown, suspected or unsuspected, absolute foreseen or contingentunforeseen, direct anticipated or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Partiesunanticipated, whether or not concealed or hidden, from the same be at lawbeginning of time until date of execution of this Settlement Agreement, that in equity any way arise from or mixedout of, which such Company Releasing Party ever had, now hasare based upon, or hereafter canare in connection with or relate to any breach, shall non-performance, action or may have against any or all of failure to act under the Vista Released Parties, in respect of or arising from the Settled Claims, Agreements (collectively, the “Company Released Blackstone Claims”); provided, however, that nothing contained in the Blackstone Entities shall not be released from any claim for breach, non-performance, action or failure to act under (i) this Settlement Agreement shall be construed to prohibit or (ii) the Confidentiality Agreement between BCP V and the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunderdated October 26, none of which are released hereby until the Company’s receipt of the Note2006.

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates Xx. Xxxxxx and each of its his respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors successors, assigns, and assigns related business entities (collectively, the “Vista Xxxxxx Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Xxxxxx Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista Xx. Xxxxxx hereunder, none of which are released hereby until the Company’s receipt of the Note.

Release by the Company. Upon the execution of this Agreement, the The Company, on its own behalf, behalf itself and on behalf each of its respective pastpredecessors, present or future parent entitiessuccessors, divisionsassigns, directors, officers, employees, affiliates, subsidiariesrepresentatives or agents (the “Company Related Parties”), related business entitieseffective upon and subject to the consummation of the Arrangement, shareholdersautomatically and without any further action on the part of any party hereto, does hereby unequivocally, irrevocably and unconditionally release, surrender, acquit and forever discharge (the “Company Release”) each of JK&B, Neustaetter (both individually and as and as attorney-in-fact for each of the ColdSpark Shareholders), each ColdSpark Shareholder and all of their respective members, affiliates and partners, and their respective directors, managing directors, members, partners, limited partnersagents, present and former directors, managing directors, managersrepresentatives, officers, control personsand employees (each, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors a “Shareholder Released Party” and assigns (collectively, the “Company Releasing Shareholder Released Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all claims, actions, causes of action, claims, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, indemnities, damages, judgments, executionsremedies, claims demands and demandsliabilities, whether of any nature whatsoever, known or unknown, suspected or unsuspected, absolute fixed or contingent, direct in law, at equity or indirect otherwise (collectively, “Company Claims”), whether direct, derivative or nominally otherwise, which have been, may be or beneficially possessed or claimed by ever could be asserted against any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Shareholder Released Parties, either for itself or otherwise for or on behalf of any other person or entity against any of the Shareholder Released Parties, relating to any Company Claims arising out of, relating to or in respect connection with (i) any act, omission, event, occurrence, or nonoccurrence from the beginning of time to the execution of this Agreement, arising out of or arising from relating to the Settled ColdSpark Merger Agreement or any related document or instrument or any of the transactions contemplated thereby, including the Indemnity Claims, (ii) any ColdSpark Shareholder’s investment in the Common Stock of the Company or other business relationship with the Company or (iii) this Agreement, the Arrangement Agreement and the transactions contemplated thereby, whether asserted or claimed prior to, at or after the date hereof (each, a “Company Released Claim” and collectively, the “Company Released Claims”); provided, however, that nothing contained in a Company Released Claim shall exclude any Company Claim to enforce this Agreement or for a ColdSpark Shareholder’s breach of this Agreement or breach of any agreement between a ColdSpark Shareholder and Quest (other than the ColdSpark Merger Agreement or any agreements contemplated thereby). From and after the consummation of the Arrangement, the Company, on behalf of itself and each of the Company Related Parties, hereby unequivocally, unconditionally and irrevocably agrees not to, directly or indirectly, initiate proceedings with respect to, institute, assert or threaten to assert any Company Released Claim. This Company Release shall constitute a complete defense to any Company Released Claim. The Parties hereby acknowledge and agree that the execution of this Agreement shall be construed to prohibit not constitute an acknowledgment of or an admission by the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunder, none of which are released hereby until the Company’s receipt or any Company Released Party of the Noteexistence of any such claims or of liability for any matter or precedent upon which any liability may be asserted.

Release by the Company. Upon the execution of this Agreement, the Company, on (a) The Company and its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiariesadvisors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company Releasing PartiesReleasors”), ) hereby absolutelyirrevocably, unconditionally and irrevocably RELEASE forever release Xxxxxxxx (as defined in paragraph 5 herein) of and FOREVER DISCHARGE each from any and all actions, causes of Vistaactions, its respective affiliates suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and each expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), of its respective pastany kind or nature whatsoever, present in law or future entitiesequity, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns whether presently known or unknown (collectively, the “Vista Released PartiesClaims”) from any and all claims), actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known which the Company or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party Releasors ever had, now hashave, or hereafter can, shall shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx Xxxxxxxx. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have against any arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or all might exist in his favor at the time of the Vista Released Partiessigning, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, and that nothing contained in this Agreement extinguishes any such Claim or Claims. This release shall be construed to prohibit binding upon each of Company and the Company from bringing appropriate proceedings Releasors and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to enforce the obligations benefit of Vista hereunder, none of which are released hereby until the Company’s receipt of the NoteXxxxx Xxxxxxxx.

Release by the Company. Upon the execution of this AgreementFor value received, the CompanyCompany for itself and for each and all of its past, on its own behalfpresent and future successors, assigns, members, managers, affiliates, licensees, transferees, principals, servants, agents, representatives, attorneys, insurers, legal representatives and all other similarly situated persons (as applicable, collectively, the "Company Releasing Parties") hereby, to the fullest extent permitted by law, fully and forever releases and discharges the Developer, the Franchisee, Smokin Concepts Development Corporation, X X Xxxx, Xxxx Xxxxxx, and on behalf each of its their respective joint or mutual, past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors managers and assigns (collectively, equity holders and the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entitiessuccessors, divisionsassigns, affiliates, subsidiarieslicensees, related business entitiestransferees, shareholdersprincipals, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractorsservants, agents, representatives, attorneys, administratorsinsurers, legal representatives, successors descendants, dependents, heirs, executors and assigns administrators of each of the foregoing persons (collectively, the “Vista "Developer Released Parties”") from any and all claims, actionsdemands, liens, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreementsdebts, promisescosts, expenses, damages, judgmentsjudgments and orders of whatever kind or nature, executionsin law, claims and demandsequity, or otherwise, whether known or unknown, suspected or unsuspected, absolute fixed or contingent, direct matured or indirect unmatured, and whether or nominally not concealed or beneficially possessed hidden, which have existed or claimed by do presently exist or may exist relating in any manner to the ADA, FA or Ancillary Agreements, or any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Developer Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”)' activities; provided, however, that nothing contained in this release shall not extend to any rights or claims arising under this Agreement shall and any future claims under the FA, as amended hereby. Each Company Releasing Party hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be construed commenced, any proceeding of any kind against any Developer Released Party, based upon any matter purported to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunder, none of which are be released hereby until the Company’s receipt of the Notehereby.

Release by the Company. Upon As of the execution of this AgreementEffective Time, the Company, on its own behalfbehalf of itself, and on behalf each of its respective pastsuccessors, present or future parent entitiessubsidiaries, controlled affiliates, divisions, affiliatesstockholders and assignees (the "RELEASORS") do, subsidiariesto the fullest extent permitted by law, related business entitieshereby fully release, forever discharge and covenant not to sue each member of the Company Group,, and any of their respective suxxxssors or assignees, and any of their respective shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholdersdirectors, employees, agentsrepresentatives, attorneysheirs, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns devisees or legatees (collectively, collectively the “Company Releasing Parties”"RELEASEES"), hereby absolutelyof, unconditionally from, and irrevocably RELEASE and FOREVER DISCHARGE each of Vistawith respect to, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all manner of claims, rights, actions, causes of action, suits, debts, liabilitiesliens, obligations, sums of money, accounts, covenantsdebts, contracts, controversiesdemands, agreements, promises, damagesliabilities, judgmentscontroversies, executionscosts, expenses and attorneys' or paralegals' or other fees whatsoever, including any claim that the Releasors may hereafter have arising from or relating to any third-party claims and demandsmade against any of them because of any actions, omissions, commitments or representations made or taken by any of the Releasees, whether arising in law or equity, whether based on any federal, state or foreign law or right of action, mature or unmatured, contingent or fixed, liquidated or unliquidated, known or unknown, suspected accrued or unsuspectedunaccrued, absolute which the Releasors, or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Partiesthem, whether the same be at law, in equity ever had or mixed, which such Company Releasing Party ever had, now has, have or hereafter can, can have or shall or may hereafter have against the Releasees or any of them, in connection with, arising out of or all which are in any way related to any duties, actions, omissions, commitments, agreements, transactions or representations prior to the date of the Vista Released Partiesexecution of this Agreement; PROVIDED, HOWEVER, that no release or discharge, or covenant to sue is given hereunder in respect of (a) any breach of, or arising from the Settled Claimsfailure to xxrform any obligation under, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed or the Directors Letter, or (b) any commercial matter that does not relate to prohibit the Company from bringing appropriate proceedings or the proxy contest being terminated pursuant to enforce the obligations of Vista hereunder, none of which are released hereby until the Company’s receipt of the NoteAgreement.

Release by the Company. Upon the execution of this Agreement, the Company, on (a) The Company and its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiariesadvisors, representatives, and direct and indirect affiliates and their respective successors and assigns (collectively, the “Company Releasing Parties”), ) hereby absolutelyirrevocably, unconditionally and irrevocably RELEASE forever release Xxxxx and FOREVER DISCHARGE each the Xxxxx Parties (as defined in paragraph 5 below) of Vistaand from any and all actions, its respective affiliates causes of actions, suits, debts, charges, demands, complaints, claims, administrative proceedings, liabilities, obligations, promises, agreements, controversies, damages and each expenses (including but not limited to compensatory, punitive or liquidated damages, attorney’s fees and other costs and expenses incurred), of its respective pastany kind or nature whatsoever, present in law or future entitiesequity, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns whether presently known or unknown (collectively, the “Vista Released PartiesClaims”) from any and all claims), actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known which the Company or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party Parties ever had, now hashave, or hereafter can, shall shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever against Xxxxx or any Xxxxx Parties. Without limiting the foregoing, the Company expressly acknowledges that its release hereunder is intended to include in its effect, without limitation, all Claims which have against any arisen and of which he knows, does not know, should have known, had reason to know, suspects to exist or all might exist in his favor at the time of the Vista Released Partiessigning, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, and that nothing contained in this Agreement extinguishes any such Claim or Claims. This release shall be construed to prohibit binding upon each of Company and the Company from bringing appropriate proceedings Parties and their respective partners, officers, directors, stockholders, employees, agents, advisors, representatives, personal representatives, heirs, assigns, successors and affiliates, and shall inure to enforce the obligations benefit of Vista hereunder, none of which are released hereby until the Company’s receipt Xxxxx and each of the NoteXxxxx Parties.

Release by the Company. Upon the execution of this Agreement(a) For good and sufficient consideration, the Company, Company accepts the Payment as full performance by the GSO Entities of their obligations under Section 8.3(d) of the Merger Agreement and accordingly the Company does hereby on its own behalf, behalf and on behalf of its respective pastformer, present current or future parent entitiesofficers, divisionsdirectors, affiliatesagents, subsidiariesadvisors, related business entitiesrepresentatives, shareholdersmanagers, members, partners, limited partnersshareholders, present employees, subsidiaries, financing sources, affiliates (including, without limitation, controlling persons), employees of affiliates, principals, and former any heirs, executors, administrators, successors or assigns of any said person or entity, and any other person claiming (now or in the future) for the Company through or on behalf of the Company, unequivocally release and discharge, and hold harmless, the GSO Entities, and any of their respective former, current or future officers, directors, managing directorsagents, advisors, representatives, managers, officersmembers, control personspartners, shareholders, employees, agentssubsidiaries, attorneysfinancing sources (including, administratorswithout limitation, Xxxxxx Xxxxxxx Senior Funding, Inc. and its affiliates), affiliates (including, without limitation, controlling persons), employees of affiliates, principals, and any heirs, executors, trustees, beneficiaries, representativesadministrators, successors and or assigns of any said person or entity (collectively, the “Company Releasing Released GSO Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all past, present, direct, indirect and derivative liabilities, claims, rights, actions, counts, causes of action, obligations, sums of money due, attorneys’ fees, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether and damages of every kind and nature, in law or in equity, asserted or that could have been asserted, under federal or state statute, or common law, known or and unknown, suspected or unsuspected, absolute foreseen or contingentunforeseen, direct anticipated or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Partiesunanticipated, whether the same be at lawor not concealed or hidden, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Released Parties, in respect of or arising from the Settled Claims, beginning of time until date of execution of this Settlement Agreement (collectively, “Claims”), that in any way arise from or out of, are based upon, or are in connection with or relate to any breach, non-performance, action or failure to act under the Agreements (the “Company Released GSO Claims”); provided, however, that nothing contained in the GSO Entities shall not be released from any claim for breach, non-performance, action or failure to act under (i) this Agreement shall be construed to prohibit Settlement Agreement, and (ii) the Replacement Mutual Nondisclosure Agreement; it being understood that the GSO Entities and the Company from bringing appropriate proceedings to enforce may compete with each other in the obligations future, and the Replacement Mutual Nondisclosure Agreement does not in and of Vista hereunder, none of which are released hereby until the Company’s receipt of the Noteitself preclude such competition.

Release by the Company. Upon the execution of this AgreementThe Company, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, ’s divisions, affiliates, subsidiaries, related business entitiesand other affiliated entities (whether or not such entities are wholly owned), shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representativesthe predecessors, successors and assigns of any of them, on behalf of themselves and anyone claiming through them (collectively, the “Company Releasing Parties”), hereby absolutelyagree not to sxx the Executive, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vistahis spouse, its respective affiliates and each of its respective pastpersonal or legal representatives, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneysexecutors, administrators, representativessuccessors, successors and assigns heirs, distributees, devisees or legatees, or the Beneficiary (collectively, as hereinafter defined) (hereinafter referred to as the “Vista Executive Released Parties”) based upon facts that are known on the date of this Agreement by any director or executive officer (as defined in Rule 3b-7 under the Securities ) Exchange Act of 1934)of the Company as of the date of this Agreement (“Known Facts”), and agree to release and discharge, fully, finally and forever, the Executive Released Parties from any and all claims, actions, causes of action, suits, debtslawsuits, liabilities, obligations, sums of moneydebts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgmentsjudgments and demands of any nature whatsoever, executionsin law or in equity, claims both known and demands, whether known or unknown, suspected asserted or unsuspectednot asserted, absolute foreseen or contingentunforeseen, direct which the Company Releasing Parties ever had or indirect or nominally or beneficially possessed or claimed by may presently have against any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Executive Released Parties, in respect of or Parties arising from the Settled Claimsbeginning of time up to and including the effective date of this Agreement, (collectivelyincluding, without limitation, all matters in any way related to Executive’s employment by the “Company Released Claims”)or his service as an officer or director of the Company or the terms and conditions thereof, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are based upon Known Facts; provided, however, that nothing contained in this Agreement shall be construed to prohibit apply to, or release the Company from bringing appropriate proceedings to enforce the obligations Executive Released Parties from, any obligation of Vista hereunder, none of which are released hereby until the Company’s receipt Executive contained in Article IX of the NoteEmployment Agreement.

Release by the Company. Upon As of the execution of this AgreementEffective Date, the Company, on behalf of itself and its own behalfcurrent and former corporate entities and controlled affiliates, executors, heirs, devisees, estates, personal representatives, officers, directors, successors, and on behalf assigns (the “Company Releasors”), in consideration of its respective pastthis Agreement and the Repurchase and for good and valuable consideration, present or future parent the adequacy of which is hereby acknowledged, hereby releases and forever discharges each of the Investor Parties and each of their current and former corporate entities, divisions, controlled affiliates, subsidiariespartnerships, related business entitiesand joint venturers, and any and all of their present and former principals, representatives, agents, associates, controlled affiliates, partners, members, shareholders, members, partners, limited partners, present and former directors, officers, managing directorsmembers, managers, officers, control persons, shareholders, employees, agentsinsurers, reinsurers, lienholders, accountants, advisors, attorneys, administratorsestates, heirs, executors, trusteesadministrators, beneficiariespredecessors, representativessuccessors, successors and and/or assigns (collectively, the “Company Releasing PartiesInvestor Releasees”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of Vista, its respective affiliates and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista Released Parties”) from any and all claims, demands, rights, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executionscontracts, claims and demandsdecrees, controversies, liabilities, rights of contribution and/or indemnification, costs, expenses or attorneys’ fees, of whatever kind or nature, fixed or contingent, liquidated or unliquidated, foreseen or unforeseen, accrued or not accrued, at law or equity, whether individual, class or derivative in nature, under any statutory, common law, contract, tort or other theory, or intentional or negligent or other wrongdoing, for compensatory, consequential, punitive or exemplary damages or any damages or relief whatsoever, from the beginning of the world to the Effective Date, which the Company Releasors have, had, or can, shall, or may hereafter have against any of the Investor Releasees by reason of any matter, cause or thing whatsoever, including, but not limited to the Disputes, matters, and agreements described in this Agreement (the “Company Released Matters”); provided, however, that this paragraph 6 does not release and shall not be construed to release any obligations under this Agreement or the Repurchase Agreement. The Company Releasors acknowledge that they may, after executing this Agreement, discover facts other than or different from those which they know or believe to be true with respect to the Investor Releasees relating to the Company Released Matters. Notwithstanding any such discovery of facts, the Company Releasors waive and fully, finally, and forever settle and release any known or unknown, suspected or unsuspected, absolute contingent or contingentnoncontingent claim that accrued prior to the execution of this Agreement relating to the Company Released Matters whether or not concealed or hidden, direct without regard to the subsequent discovery or indirect or nominally or beneficially possessed or claimed existence of such other facts. The Company Releasors expressly waive and release any and all provisions, rights, and benefits conferred by any §1542 of the Company Releasing Parties, whether the same be at law, in equity or mixedCalifornia Civil Code, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista Released Parties, in respect of or arising from the Settled Claims, (collectively, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista hereunder, none of which are released hereby until the Company’s receipt of the Note.provides:

Release by the Company. Upon Except as provided below in the execution final sentence of this subsection (b), as a material inducement to enter into this Agreement, the Company, on its own behalf, behalf and on behalf that of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present subsidiaries and former affiliates and their officers and directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representativesemployees, successors and assigns (collectively, solely in their capacity as officers or directors of the “Company Releasing Parties”), or its subsidiaries or affiliates) hereby absolutely, unconditionally knowingly and irrevocably RELEASE voluntarily releases and FOREVER DISCHARGE each of Vista, its respective affiliates forever discharges Parkman and each of its respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control personshis agents, employees, independent contractorssuccessors, agentsheirs, attorneys, administrators, representatives, successors and beneficiaries or assigns (collectively, the “Vista "Xxxxxxx Released Parties”") from any and all claims, actionscharges, complaints, promises, agreements, controversies, liens, demands, causes of action, suits, debts, liabilities, obligations, sums damages and liabilities of moneyany nature whatsoever, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute that it (or contingentits successors in interest or assigns) now own or hold, direct or indirect have at any time heretofore owned or nominally held, or beneficially possessed may at any time own or claimed hold by reason of any matter or thing arising from any cause whatsoever prior to the date of execution of this Agreement, and without limiting the generality of the foregoing, from all claims, demands, and causes of action based upon, relating to, or arising out of Xxxxxxx'x employment relationship or other relationship with the Company (including without limitation, as an officer, director or stockholder of the Company), its subsidiaries or affiliates and/or any of the Releasees and the termination of those relationships, and whether or not previously asserted before any state or federal court or before any state or federal agency or governmental entity (the "Xxxxxxx Release"), even if such act or omission is found to have been an INTENTIONAL ACT OR OMISSION, OR A NEGLIGENT ACT OR OMISSION, WHETHER SIMPLE, GROSS, SOLE, OR CONCURRENT, by any Xxxxxxx Released Party. The Company Releasing Partiesrepresents and covenants that it has not filed, whether the same initiated or caused to be at lawfiled or initiated, in equity any claim, charge, suit, complaint, grievance, action or mixed, which such Company Releasing Party ever had, now has, cause of action against Xxxxxxx or hereafter can, shall or may have against any or all of the Vista Xxxxxxx Released Parties, and agrees not to xxx or to join any other person in respect bringing suit against any of the Xxxxxxx Released Parties, arising out of or arising from relating in any way to Xxxxxxx'x employment or other relationship with the Settled ClaimsCompany or any of the Releasees, (collectively, or the “termination thereof. The Company Released Claims”); provided, however, agrees that nothing contained in neither this Agreement nor the furnishing of consideration for the Xxxxxxx Release shall be deemed or construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations at any time for any purpose as an admission by Parkman of Vista hereunderany liability, none wrongdoing or unlawful conduct of which are released hereby until the Company’s receipt of the Note.any

Release by the Company. Upon the execution of this Agreement, the Company, on its own behalf, and on behalf of its respective past, present or future parent entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, present and former directors, managing directors, managers, officers, control persons, shareholders, employees, agents, attorneys, administrators, heirs, executors, trustees, beneficiaries, representatives, successors and assigns (collectively, the “Company Releasing Parties”), hereby absolutely, unconditionally and irrevocably RELEASE and FOREVER DISCHARGE each of VistaYCIG, its respective affiliates and each of its his respective past, present or future entities, divisions, affiliates, subsidiaries, related business entities, shareholders, members, partners, limited partners, directors, managing directors, managers, officers, control persons, employees, independent contractors, agents, attorneys, administrators, representatives, successors and assigns (collectively, the “Vista YCIG Released Parties”) from any and all claims, actions, causes of action, suits, debts, liabilities, obligations, sums of money, accounts, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, whether known or unknown, suspected or unsuspected, absolute or contingent, direct or indirect or nominally or beneficially possessed or claimed by any of the Company Releasing Parties, whether the same be at law, in equity or mixed, which such Company Releasing Party ever had, now has, or hereafter can, shall or may have against any or all of the Vista YCIG Released Parties, in respect of or arising from the Settled Claims, (collectivelycollectively the “Company Released Claims” and together with the YCIG Released Claims, the “Company Released Claims”); provided, however, that nothing contained in this Agreement shall be construed to prohibit the Company from bringing appropriate proceedings to enforce the obligations of Vista YCIG hereunder, none of which are released hereby until the Company’s receipt of the Notehereby.