203-22 Mutual General Release Covenant Not to Sue and Dismissal of Litigaiton - (combined).pdf

and claims raised in Docket No. ESX-L-3433-22, may be modified by the Township only with respect to form but not substance without consent of Malanga; and (iii) dismissal of the action Docket No.: ESX-L-3433-22 with Prejudice and without Costs. Upon the Effective Date, a Stipulation of Dismissal with Prejudice and without Costs in the form annexed hereto as Exhibit “B” shall be filed with the Court concerning Docket No.: ESX-L-3433-22. 2. Mutual Release – Subject to Paragraph 3 herein, with respect to any claim related to, or arising out of, Docket No.: ESX-L-3433-22, each Party, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by this release, does for itself, its past, present, and future parents, affiliates, subsidiaries, owners, officers, directors, employees, heirs, executors, agents, representatives, administrators, insurers, attorneys, successors and assigns, hereby remise, release and forever discharge the other Parties, and their respective past, present, and future affiliates, board members, owners, members, officers, directors, employees, agents, representatives, administrators, subsidiaries, insurers, attorneys, successors and assigns, of and from all actions, causes of action, suits, debts, accounts, bonds, covenants, contracts, controversies, promises, damages, claims for contractual and/or statutory and/or other attorneys’ fees and/or interest, judgments, executions, claims, liens, right to lien and demands whatsoever, in law or in equity, which any Party hereafter can, shall, or may have against the other, arising out of or related in any way to any contract (written, express or implied by law), lien, liability, fraud, matter, cause, fact, thing, act or omission whatsoever, including any and all claims that were made or could have been made or which could have been asserted, from the beginning of the world to the date of this Agreement with regard to the Litigation. 3. New Jersey Supreme Court, Supreme Court Docket No. 086087. In the event the Township adopts official final, non-appealable and enforceable resolutions and actions to 3