Common use of Release by the Company Clause in Contracts

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “Releasing Company Parties”), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of The Company and the Executive entering into this Agreement, to the fullest extent permitted by law, the CompanyOperating Partnership, on behalf of itself themselves and its subsidiariestheir successors and assigns, hereby irrevocably, unconditionally and forever release and discharge Romanov and his affiliates, heirs, executors, administrators, counsel, successors and assigns (collectively, the “Releasing Company Parties”), knowingly from and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any and all complaints, claims, demands, damages, lawsuits, actions, causes of the Released Executive Partiesaction, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing obligations and liabilities whatsoever, whether absolute or not related to or arising out of the Executive’s employment with contingent, which the Company or the termination thereof. Notwithstanding Operating Partnership has or may have against Romanov for acts taken by him within the foregoing, this release shall not extend to or discharge (i) scope of his employment as an officer and employee of the Company’s right to enforce ; provided, however, that it is expressly agreed and understood that the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted release provided by the Company for and the Operating Partnership in this Section 10 shall only release any reasonsuch complaints, all claims, demands, damages, lawsuits, actions, causes of action and liabilities of which rights and claims shall be preserved, one or (vi) more members of the Company’s rights to enforce 's Board of Trustees (excluding Romanov) and/or the Company's Chief Financial Officer has or have knowledge, or, which, through the exercise of reasonable care, should have had knowledge, on the date of this Agreement and shall not waive or release any other complaints, claims, demands, damages, lawsuits, actions, causes of action and liabilities or that result from any breach by Romanov of the terms and conditions of each this Agreement (including, but not limited to, any representation, warranty, covenant or agreement and plan governing the issuance made by him in this Agreement) or any breach by Romanov of the Stock Options referenced agreements listed in Section 5.a, as well as the stock issued upon exercise of that stock option8 hereof. The Company represents and warrants that it currently knows the Operating Partnership shall not xxx or otherwise institute or cause to be instituted or in any way voluntarily participate in the prosecution of no basis for any complaints against Romanov released in this Section 10 in any federal, state, District of Columbia or other court, administrative agency or other forum concerning any claims released in this Section 10, except as required by it law. The Company and the Operating Partnership irrevocably and unconditionally waive any and all rights to recover any relief and damages concerning any claims that are released in this Section 10. The Company and the Operating Partnership represent and warrant that they have not previously filed or joined in any such claims or lawsuits against Romanov or any Released Executive Partyof the other persons or entities released in this Section 10, and that neither the Company nor and the Operating Partnership have not given or sold any portion of any claims released in this Section 10 to anyone acting on its behalf has filed else, and that the Company and the Operating Partnership will indemnify and hold harmless the persons and entities released in this Section 10 from all liabilities, claims, demands, costs, expenses and/or attorneys' fees incurred as a result of any claim, action, suit, complaint such assignment or proceeding against any Released Executive Party in any agency, court or other forum or tribunaltransfer.

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “"Releasing Company Parties”"), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s 's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “"Released Executive Parties”"), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s 's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s 's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s 's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Information Rights Agreement, or (ivv) the Company’s 's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vvi) the Company’s 's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the The Company, on behalf of itself and its parents, subsidiaries, affiliates and any other entity under common control or ownership with the Company, including each of their respective officers, directors, shareholders, partners, joint venturers, members, agents, attorneys, employees, representatives, successors and assigns, hereby fully and finally releases and forever discharges Zwebner and his agents, heirs, executors, administrators, successors, attorneys, representatives and assigns (collectively, the “Releasing Company "Released Parties”), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”"), from any claimand all claims, chargeknown or unknown, action based upon any act or cause of action that omission by any of the Releasing Released Parties occurring prior to and including the date of this Agreement, including but not limited to any claims arising out of or in connection with Zwebner's affiliation (either individually or through the consulting agreement with Overseas Communications Limited) and/or the termination of Zwebner's affiliation with the Company, and any claims of discrimination, wrongful discharge, breach of contract, tort and any other personal injury claims, and any claims that Zwebner violated any law and any claim for additional benefits, and specifically including any rights and claims relating to defamation, workers' compensation, intentional or negligent infliction of emotional distress, breach, of any covenant of good faith and fair dealing, negligence, commission, vacation pay, overtime pay, termination or severance pay, the proceeds of any insurance of disability plans, or any other fringe benefits of any kind whatsoever. Notwithstanding the foregoing, the Company shall not release any of the Released Parties may have for any claims, liabilities, damages or losses arising from any of the following: (i) fraud, embezzlement, misappropriation of funds or breach of trust by any of the Released Parties, or (ii) willful misconduct or gross negligence by any of the Released Parties in connection with the affiliation of the Released Parties with the Company. The Company covenants and agrees that, to the maximum extent permitted by applicable law, the Company will not xxx or file or institute or maintain any lawsuit, grievance or arbitration against any of the Released Executive PartiesParties with respect to any of the claims, whether known matters and issues covered by this release, under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act and/or any other regulation, under the common law of any province or unknownstate, or under any contract or any other theory of relief. Further, in any legally authorized action, the Company waives the right to any form of recovery, compensation or other remedy or relief of any kind. In the event that the Company violates any part of this paragraph, Zwebner shall be entitled to recover damages from the beginning Company, including but not limited to attorneys' fees and the costs of time through the Effective Date based upon defending such a suit or claim. This release does not apply to any act, fact, omission, matter, cause default under this Agreement or thing whatsoever, whether or not related to or arising out of the Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s right any action to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “Releasing Company Parties”), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Rights Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “Releasing Company Parties”), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Parties, whether known or unknown, from the beginning of time through the Effective Date date of this Agreement based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Datedate of this Agreement, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights right to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options each stock option referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Executive Employee entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “"Releasing Company Parties”"), knowingly and voluntarily releases and discharges the ExecutiveEmployee, and each of the Executive’s Employee's heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “"Released Executive Employee Parties”"), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Employee Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s Employee's employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s 's right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s 's right to enforce the terms and conditions of the Stock Repurchase Agreement, or (iv) the Company's right to enforce the terms and conditions of the Proprietary Information Rights Agreement, or (ivv) the Company’s 's right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (vvi) the Company’s 's right to collect any applicable federal, state or local withholding taxes that are required to be deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Employee Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Employee Party in any agency, court or other forum or tribunal.

Release by the Company. In consideration of the Executive entering into this Agreement, to the fullest extent permitted by law, the Company, on behalf of itself and its subsidiaries, successors and assigns (collectively, the “Releasing Company Parties”), knowingly and voluntarily releases and discharges the Executive, and each of the Executive’s heirs, family members, executors, administrators and attorneys, and any successor or assign of any of the foregoing (collectively, the “Released Executive Parties”), from any claim, charge, action or cause of action that any of the Releasing Company Parties may have against any of the Released Executive Parties, whether known or unknown, from the beginning of time through the Effective Date based upon any act, fact, omission, matter, cause or thing whatsoever, whether or not related to or arising out of the Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge (i) the Company’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Company’s right to enforce the terms and conditions of the Proprietary Information Agreement, or (iv) the Company’s right to enforce the terms and conditions of the Indemnity Agreement, its Certificate of Incorporation or its Bylaws, or (v) the Company’s right to collect any applicable federal, state or local withholding taxes that are required to be CONFIDENTIAL deducted by the Company for any reason, all of which rights and claims shall be preserved, or (vi) the Company’s rights right to enforce the terms and conditions of each agreement and plan governing the issuance of the Stock Options each stock option referenced in Section 5.a, as well as the stock issued upon exercise of that stock option. The Company represents and warrants that it currently knows of no basis for any claims by it against any Released Executive Party, and that neither the Company nor anyone acting on its behalf has filed any claim, action, suit, complaint or proceeding against any Released Executive Party in any agency, court or other forum or tribunal.