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acknowledged, and other good and valuable consideration, the undersigned,
KPMG LLP and each of the Plaintiffs (which term includes their respective heirs,
partners, servants, agents, employees, assigns, successors and administrators,
officers, directors, affiliated, associated and related companies) and their insurers
do hereby Release each other with respect to any and all claims, actions, demands,
manner of actions, causes of actions, suits, debts, duties, accounts, bonds,
warranties, claims over, indemnities, contracts, losses, injuries, undertakings,
sums of money, damages, covenants and liabilities of whatever nature and kind at
law or in equity whether actual, pending or potential, which they now have or
may hereafter can [sic] or shall have, jointly or severally, one against the other,
for or by reason or cause of any matter or thing existing up to the present time,
arising out of, connected with or in any way related to the matters raised or that
could have been raised in the pleadings in Ontario Superior Court of Justice Court
File No: CV-15-11225-00CL titled Sigma Capital Management Group Inc. v.
KPMG LLP and Ontario Superior Court of Justice Court File No: CV-15-11227-
00CL titled Benzer Limited and Raj Mathur v. KPMG LLP (together, the
“Released Claims”).
[…]
IT IS FURTHER AGREED AND UNDERSTOOD THAT in the event that
any of the parties to this Mutual Release should hereafter make any claim or
demands or commence or threaten to commence any actions or other proceedings
against any other party in connection with the Released Claims, this Mutual
Release may be raised as an estoppel and/or pled as a full and complete defence to
any such claim, demand, action or proceeding. Each party will indemnify and
hold harmless the other from any damage, loss, liability, legal costs and other
expenses (including the fees and expenses of counsel and other out-of-pocket
expenses) sustained or incurred as a result of any such claim, including in
connection with the investigation, defending and/or settling of any such claim, or
in enforcing this Mutual Release.
[,,,]
KPMG AGREES to consent to an order in Court File No.: CV-15-11225-00CL
releasing the monies posted as security for costs to the plaintiff in that action [i.e.
the Applicant]. [Emphasis in the original.]
[22] Friedman received KPMG’s payment in the amount of $130,000 on May 24, 2019.
[23] As contemplated by the terms of the settlement and the Release, the funds that were
posted as security for costs in the Komtech Action were paid out of court along with accrued
interest and were deposited into trust by Friedman. The amount paid out of court with accrued