270 Legal [Sample Agreements]

SETTLEMENT AGREEMENT AND GENERAL RELEASE

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7. In further consideration for this Settlement Agreement, SEAI for itself and its successors, assigns, parents, subsidiaries, affiliates, predecessors, partners, agents, representatives and attorneys (the “SEAI Releasors”) hereby release and forever discharge KMA, Jenkins, Giannetto, and CF, and their heirs, successors, assigns, parents, subsidiaries, affiliates, predecessors, partners, agents, representatives, and attorneys (the “KMA/Jenkins/Giannetto Releasees”), of and from any and all actions and manner of action, cause and causes of action, suits, debts, promissory notes, dues, sums of money, claims for attorneys fees and costs and prejudgment interest, accounts, reckonings, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims (including claims of a derivative nature) and demands whatsoever, in law or in equity, which the SEAI Releasors now have, hereafter can, shall or may have against the KMA/Jenkins/Giannetto Releasors for, upon, or by reason of any matter, cause or thing from the beginning of the world to the date of this Settlement Agreement, including but not limited to, a) any and all claims asserted or which could have been asserted in the Arbitration and in the Derivative Claim Letter and the Derivative Claim Response, and b) any and all claims arising out of the Exchange Agreement. Provided however, this Release is not a release or waiver of any rights, obligations, claims, demands, causes of action or liabilities relating to the enforcement of the terms and covenants contained in this Settlement Agreement, the Leak Out Agreement attached hereto as Exhibit A, and/or the Escrow Agreement attached hereto as Exhibit C.
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