by robertg611
For #2, I don't see why not. The game doesn't "remember" who attacked or not, the only requirement being that they are attacking from an unactivated area.For #1, according to the unofficial FAQ (but official because they were answered by the game designer) this exact situation is mentioned.
Q: If the Uthuk Y'llan player is the defender in a battle, and
draws an Orb result for his Flesh Ripper units, but the
attacker also draws an Orb resulting in one or more Flesh
Ripper's being destroyed, would those Flesh Ripper's die,
or would they get the 3 health immediately?
A: The attacker always resolves his Orb results first. Thus,
any Flesh Ripper units that are destroyed during the
attacker's Orb resolution would not benefit from the
Unrelenting ability.
Hope this helps you.