Permitted Exceptions. The term “Permitted Exceptions” shall mean: # any exception disclosed by the Title Commitments, any Amended Commitment, the Surveys or any Revised Survey to which ​ has failed to timely object in an Objection Notice, # any exception disclosed to ​ to which ​ has timely objected in an Objection Notice, but to which ​ has waived its objection (or been deemed to have waived its objection) pursuant to this Section 5.3, # general real estate taxes not yet due and payable as of the Closing, # matters created by, through or under ​, # leasehold rights of the Tenants, and # any rights of licensees or other third parties under the License Agreements and the Service Contracts.

In consideration for the Release Consideration, You fully, finally and unconditionally waive, release and forever discharge ​, and ​’s current, former, and future controlling shareholders, subsidiaries, affiliates, related companies, predecessor companies, divisions, directors, trustees, officers, employees, agents, attorneys, successors, and assigns (and the current, former, and future controlling shareholders, directors, trustees, officers, employees, agents, and attorneys of any such subsidiaries, affiliates, related companies, predecessor companies, and divisions) (all of the foregoing released persons or entities being referred to herein collectively as “Releasees”), from any and all claims, complaints, demands, actions, suits, causes of action, obligations, damages and liabilities of whatever kind or nature, whether known or unknown, and regardless of whether the knowledge thereof would have materially affected Your agreement to release ​ hereunder, based on any act, omission, event, occurrence, or nonoccurrence from the beginning of time to the Release Signature Date, including, but not limited to, claims that arise out of or in any way relate to Your employment or Your separation from employment with ​.

General Release of All Claims. Executive knowingly and voluntarily releases and forever discharges the Company, its parent corporation, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns, and their current and former employees, officers, directors, attorneys and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all causes of action, claims and liabilities, known and unknown, asserted or unasserted, that the Executive has or may have against Releasees as of the date of Executive’s execution of this Agreement, including, but not limited to, any alleged violation of:

“General Enforceability Exceptions” shall have the meaning set forth in [Section 2.10].

“Enforceability Exceptions” means # applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar Laws of general application affecting enforcement of creditors’ rights generally and # general principles of equity.

Exceptions to Covenants. Borrowers shall not be deemed to be permitted to take any action or fail to take any action which is permitted as an exception to any of the covenants contained herein or which is within the permissible limits of any of the covenants contained herein if such action or omission would result in the breach of any other covenant contained herein.

EXCEPTIONS TO INDEMNIFICATION. The Director shall be entitled to indemnification under Clause 6(a) and Clause 6(b) above in all circumstances other than the following:

Executive Director shall be entitled to indemnification under Clauses 8(a) and 8(b) above in all circumstances other than the following:

Seller Cure Exceptions. The definition of “Seller Cure Exceptions” shall be deleted in [Section 1.1] of the Agreement and replaced with the following:

Exceptions to Adjustment. Notwithstanding the provisions of Section 5.3, no adjustment to the Exercise Price shall be effected as a result of an Excepted Issuance.