|
•
<br />•
<br />•
<br />7/19/04 09:56 FAX 720 528 4'
<br />NL:GT5 DTC
<br />expenses of every kind and nature whatsoever, whether known or unknown, fixed
<br />or contingent, whether in law or in equity, whether asserted or unasserted,
<br />whether sounding in tort or in contract, from the beginning of the world to the
<br />date of this Agreement, related to, arising from, or which may in the future arise
<br />from, the Disputes, except for obligations or liability, or all claims, demands,
<br />liens, actions, administrative proceedings or causes of action contained in, created
<br />by or arising from this Agreement.
<br />ii. Calais, on behalf of itself and the other Calais Releasors agrees not to initiate or
<br />maintain any claim, suit or cause of action, of any kind whatsoever, in or by way
<br />of any legal proceedings or otherwise, against any of the Harvey Releasees based
<br />on any obligation or liability arising directly or indirectly out of, or relating in any
<br />way to the subject matter of any matter released hereunder pursuant to the
<br />preceding paragraph 4(a)(i).
<br />b. Harvey Parties' Release.
<br />lZ012
<br />Upon their receipt of a fully executed and notarized copy of this Agreement. each
<br />of the Harvey Parties, for himself, herself, or itself, his or her heirs, for his or her
<br />or its administrators, agents, officers, directors, shareholders, representatives,
<br />successors, and assigns, family members and related entities (the "Harvey
<br />Releasors "), shall and hereby does release, acquit, and forever discharge Calais,
<br />together with its affiliates, managers, members, creditors, officers, directors,
<br />shareholders, administrators, and agents, and its and their respective
<br />representatives, successors and assigns, family members and related entities (the
<br />"Calais Releasees "), of and from any and all obligations or liability which it now
<br />has, has had, or may have, and from all claims, demands, liens, actions,
<br />administrative proceedings, and causes of action, and from all damages, injuries,
<br />losses, contributions, indemnities, compensation, costs, attorney's fees and
<br />expenses of every kind and nature whatsoever, whether known or unknown, fixed
<br />or contingent, whether in law or in equity, whether asserted or unasserted,
<br />whether sounding in tort or in contract, from the beginning of the world to the
<br />date of this Agreement, related to, arising from, or which may in the future arise
<br />from, the Disputes, except for obligations or liability, or all claims, demands,
<br />liens, actions, administrative proceedings or causes of action contained in, created
<br />by or arising from this Agreement.
<br />ii. Mr. Harvey, on behalf of himself and the other Harvey Releasors agree not to
<br />initiate or maintain any claim, suit or cause of action, of any kind whatsoever, in
<br />or by way of any legal proceedings or otherwise, against any of the Calais
<br />Releasees based on any obligation or liability arising directly or indirectly out of,
<br />or relating in any way to the subject matter of any matter released hereunder
<br />pursuant to the preceding paragraph 4(b)(i), e xclo k' -Pew rYt r 3
<br />C ee nett ►n JAI S cfree Sc�L ( rc8 re friC P3 04
<br />c. The Parties warrant and represent to each other that they have had the opportunity to be
<br />represented by legal counsel regarding this Agreement and freely and voluntarily entered
<br />Page 176
<br />12
<br />
|