Release by Plaintiffs. In consideration of the recitals, covenants, promises, actions, undertakings and conditions contained in this Agreement, each of the Plaintiffs, for themselves and for their respective members, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, employees, heirs, trusts, trustees, contingent or remainder beneficiaries, settlors of trusts, representatives, agents, principals, attorneys, successors and assigns, whether past, present or future (collectively, the “Plaintiff Releasing Parties”), hereby releases, remises, acquits, and forever discharges AIA and its members, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, employees, heirs, trusts, trustees, contingent or remainder beneficiaries, settlors of trusts, representatives, agents, principals, attorneys, successors and assigns, whether past, present or future (collectively, the “Plaintiff Released Parties”), from any and all Claims that such Plaintiffs now have or ever had from the inception of time through the Effective Date, based upon, related to, or directly or indirectly arising from, out of or in connection with, Claims that were asserted in the Litigation, or which could have been asserted in the Litigation (subject only to the limited exclusion set forth in Section 5 hereof preserving for the Mayo Foundation the right to assert specified Claims against AIA). Nothing in this paragraph shall be interpreted as releasing AIA from obligations arising under and set forth in this Agreement and from claims or causes of action arising out of any breach of those obligations.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement (Myrexis, Inc.)