Common Draft — A Contracts Deskbook. Applicability: This Release governs whenever one or more parties (each a Releasing Party) releases one or more other parties (each, as well as each of its Associated Persons, defined below [if any], a Discharged Party) from one or more specified Claims, as defined below (each specified Claim, a Released Claim), in a signed and delivered written release document (the Release Document), EXCEPT to the extent, if any, that the Release Document itself expressly states otherwise. Effect of release: In entering into the Release Document, the Releasing Party (or ‑Parties) and the Discharged Party (or ‑Parties) are completely and fully settling each Released Claim; by signing and delivering the Release Document, the Releasing Party — on behalf of itself and each of its Associated Persons, as defined below, if any — KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY, AND IRREVOCABLY and forever. RELEASES AND DISCHARGES each Discharged Party from all Released Claims, of any nature whatsoever, no matter how characterized, known and unknown, whether or not apparent, as well as any yet to be discovered, suspected or unsuspected; and. WAIVES all monetary, equitable, and other relief, of any nature whatsoever, in respect of each Released Claim. Claim definition: For purposes of this Release, the term Claim, in respect of a particular matter, refers to any and all accusations, actions, allegations, causes of action, charges, claims, complaints, controversies, demands, grievances, and suits (each, an Action) that (i) have been made or could be made in or before any court, administrative agency, arbitration body, or other forum anywhere, of any kind or nature (each, a Forum); and (ii) allegedly arise from, or that otherwise relate in any way, to that particular matter. The term Claim encompasses — by way of example but not of limitation — all allegations of one or more of the following: bad faith; breach of contract; breach of warranty; debt; embarrassment; emotional distress; fraud; humiliation; indemnity; loss or deprivation of anything of any kind, tangible or intangible; mental anguish; misrepresentation; pain and suffering; strict liability; tort; and violation of any federal, state, or local statute, rule, regulation, or ordinance. The term Claim likewise encompasses — again by way of example but not of limitation — all demands for one or more of the following (incurred or to be incurred in the case of monetary relief): arbitration costs; attorney fees; compensatory damages; court costs; defense costs; enhanced damages; expenses related to any item listed in this subdivision; fees; indemnity; injunctive relief of any kind; liquidated damages; medical costs; penalties; punitive damages; reimbursement; reliance damages; restitution; special damages; specific performance; treble damages and other increased- or multiple damages; and lost, back, and front wages. Associated Persons: For purposes of this Release, the term Associated Persons, in respect of a Person, refer to. Person's predecessors (including without limitation predecessors in interest). Person's heirs, administrators, executors, successors (including without limitation successors in interest), and assigns. Person listed in subdivisions (1) and (2).
Person listed in subdivisions (1) through (3). Person listed in subdivisions (1) through (4); and. Person acting or claiming by, through, under, or in concert with any Person listed in subdivisions (1) through (5). Releasing Party's warranties: Each Releasing Party represents and warrants to each Discharged Party. Releasing Party has both the power and the authority to execute and deliver the Release Document for the purpose stated in that document and in this Release. Released Claim has been assigned or transferred; and. Releasing Party has identified, to the Discharged Party to which the signed Release Document is being delivered, all actions, suits, and other proceedings, in any Forum, in which any Released Claim has been asserted. Releasing Party's agreement not to sue, etc.: The Releasing Party specifically agrees. Action, in any Forum, on or concerning any of the Released Claims; and. Action that is now pending. Option: General release: IF: The Release Document expressly and conspiciously states that the release set forth there is a general release (whether or not the term is capitalized) as to any Discharged Party; THEN. The Release has the effect described in subdivision (b) for any and all Claims that the Releasing Party could have alleged against that Discharged Party — whether known or unknown; suspected or unsuspected; apparent, hidden or concealed — in any Action in any Forum, at any time in the past up until the Releasing Party's execution and delivery of the Release Document, including but not limited to Claims arising from. A) any past- or then- pending litigation or other dispute between the Releasing Party and that Discharged Party; and. B) any other dealings between the Releasing Party and that Discharged Party, of whatever nature, whether voluntary or otherwise; and. The Releasing Party — having had the opportunity to consult legal counsel of the Releasing Party's choice and to ask questions of one or more of the Discharged Parties — KNOWINGLY, VOLUNTARILY, INTENTIONALLY, PERMANENTLY, AND IRREVOCABLYWAIVES the benefits of Section 1. California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.". Confidentiality: Unless expressly agreed otherwise in writing, each party specifically agrees to keep in strict confidence all non- public facts and circumstances concerning the Released Claims and the Release Document, other than the fact that the Released Claim(s) were settled by agreement. No admission: Nothing in the Release Document is intended to constitute an admission of liability by any Discharged Party; the Releasing Party specifically agrees not to assert to the contrary. Opportunity to consult counsel: Each Releasing Party acknowleges that it has had the opportunity to consult with legal counsel of that Releasing Party’s choice concerning the Released Claims and the Release Document. Attorney fees: In any Action arising out of or relating to the Release Document, the prevailing party will be entitled to recover its Dispute Expenses. Savings: If any portion of the Release Document is held to be unenforceable, the remainder shall be enforced to provide Releasees the broadest release possible. Every now and then there is a debate on who is more “anti-science”, the Left or the Right. I’m not too interested in the details of that, but, a few years ago I.Fri, 12:47:26 GMT Ma quande lingues coalesce, li grammatica del resultant lingue es plu simplic e regulari quam ti del coalescent lingues.
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