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This excerpt taken from the GMCR 10-K filed Dec 11, 2008. 21. Mutual Releases. (a) KEURIG, for itself and its directors, officers, partners, employees, agents, attorneys, subrogors, subrogees, predecessors, parents, subsidiaries and AFFILIATES (collectively, the “KEURIG RELEASORS”), does hereby and forever release and discharge KRAFT, and its past and present officers, directors, employees, partners, agents, attorneys, predecessors, parents, subsidiaries, AFFILIATES, successors, and assigns, all direct and indirect suppliers, all direct and indirect purchasers, and users of any products, services, or devices, acquired directly or indirectly from KRAFT, and all manufacturers (collectively, the “KRAFT RELEASEES”), of Tassimo single serve beverage cartridges and brewers for use with Tassimo single serve beverage cartridges (collectively, the “TASSIMO PRODUCTS”), from any and all actions, causes of action, suits, debts, obligations, controversies, agreements, promises,
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judgments, damages, liens, claims and demands whatsoever, in law or in equity, whether known or unknown (other than KRAFT’s obligations under this AGREEMENT), related to (i) anything the KRAFT RELEASEES have done or failed to do prior to the EFFECTIVE DATE of this AGREEMENT in connection with the manufacture, offer for sale, sale, distribution, keeping importation and exportation anywhere in the world of TASSIMO PRODUCTS or (ii) KEURIG’s allegations in the LAWSUIT. In accordance with this Mutual Release, Keurig covenants not to sue or threaten to sue any KRAFT RELEASEE based upon the manufacture, offer for sale, sale, distribution, importation and exportation anywhere in the world, prior to the EFFECTIVE DATE of this AGREEMENT, of TASSIMO PRODUCTS. (b) KRAFT, for itself and its directors, officers, partners, employees, agents, attorneys, subrogors, subrogees, predecessors, parents, subsidiaries and AFFILIATES (collectively, the “KRAFT RELEASORS”), does hereby and forever release and discharge KEURIG, and its past and present officers, directors, employees, partners, agents, attorneys, predecessors, parents, subsidiaries, AFFILIATES, successors, and assigns (collectively, the “KEURIG RELEASEES”), from any and all actions, causes of action, suits, debts, obligations, controversies, agreements, promises, judgments, damages, liens, claims and demands whatsoever, in law or in equity (other than KEURIG’s obligations under this AGREEMENT), related to anything the KEURIG RELEASEEES have done or failed to do prior to the EFFECTIVE DATE of this AGREEMENT relating to the allegations in the LAWSUIT.
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IN WITNESS WHEREOF, each of the PARTIES have caused two original copies of this AGREEMENT to be executed on their behalf by their duly authorized officers
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