members, officers, directors, shareholders, partners, affiliates, successors, assigns, agents,
<br />representatives, employees and attorneys, both present and past, of and from any and all
<br />claims, demands, debts, liabilities, obligations and causes of action of any kind or nature,
<br />whether known or unknown, in any way based on, arising out of, or connected with,
<br />either directly or indirectly, any term, provision, matter, fact, event or occurrence in any
<br />way related to or contained in the Lease, or to any Lessor/Lessee relationship between
<br />Lessee and Lessor or based on any defect in the Property or the Building or from any
<br />injury or illness resulting therefrom.
<br />B. Subject to the terms of Paragraphs 1, 3, 4, 6 and 7 above, and provided
<br />that Lessee is not in default under this Agreement, Lessor hereby generally releases and
<br />discharges Lessee and Lessee's officers, directors, shareholders, partners, affiliates
<br />successors, assigns, agents, representatives, employees and attorneys, both present and
<br />past, of and from any and all claims, demands, debts, liabilities, obligations and causes of
<br />action of any kind or nature, whether known or unknown, in any way based on, arising
<br />out of, or connected with, either directly or indirectly, any term, provision, matter, fact,
<br />event or occurrence in any way related to or contained in the Lease, or to any
<br />Lessor /Lessee relationship between Lessee and Lessor which exists as of the Effective
<br />Date.
<br />C. Nothing contained herein is intended to provide a waiver or release of
<br />any liability for any future breach of this Agreement.
<br />D. This release shall be governed by the laws of the State of Colorado.
<br />11. Submission of Agreement. Submission of this Agreement for examination
<br />by both parties does not constitute an offer and this Agreement shall be effective only
<br />upon its mutual execution and delivery by both parties.
<br />12. Entire Agreement. With the exception of the Lease, there are and were no
<br />verbal or written representations, warranties, understandings, stipulations, agreements, or
<br />promises pertaining to the subject matter of this Agreement made by any of the Parties
<br />hereto or by any other person representing or purporting to represent a Party hereto not
<br />incorporated in writing in this Agreement.
<br />13. Attorneys' Fees. Each Party shall be responsible for his or its respective
<br />attorneys` fees and costs incurred to date in the negotiation and preparation of this
<br />6'd L£179 £99
<br />7
<br />81J0M SSBIO eAleS et!A d80 :66 61.9 b oec
<br />
|