3. Mutual Release; Disclaimer of Liability. Each of Parent, Purchaser, and the Company, on behalf of itself and each of its respective successors Affiliates, divisions, assignees, employees, Agents, shareholders and advisors, and the Shareholder Representative and each of the Shareholders, on behalf of itself and each of their respective successors, Affiliates, heirs, administrators, trustees, devisees, legatees, Agents and advisors (the Releasors), does, to the fullest extent permitted by law, fully release, forever discharge and covenant not to sue any other party, any of their respective successors, Affiliates, divisions or assignees, and any of their respective present or former employees, Agents, shareholders, financial advisors, auditors, heirs, administrators, devisees or legatees (collectively, the Releasees), from and with respect to any and all liability, claims, rights, actions, causes of action, suits, liens, obligations, accounts, debts, demands, agreements, promises, liabilities, controversies, costs, charges, damages, expenses and fees (including attorneys, financial advisors, lenders or other fees) (Claims), howsoever arising, whether based on any national, federal, state or foreign law, principle of common law or right of action, known or unknown, mature or unmatured, contingent or fixed, liquidated or unliquidated, accrued or unaccrued, which Releasors, or any of them, ever had or now have or can have or shall or may hereafter have (or which might be asserted derivatively on their behalf) against the Releasees, or any of them, in connection with, arising out of or related to the Stock Purchase Agreement or any Transaction Document or the Transactions or the transactions contemplated by the Transaction Documents or any ancillary agreement. The release contemplated by this Section 3 is intended to be as broad as permitted by law and is intended to, and does, extinguish all Claims of any kind whatsoever, whether in law or equity or otherwise, that are based on or relate to facts or conditions or actions (known or unknown) that have existed or occurred at any time prior to the Termination Time. Each of the Releasors expressly waives to the fullest extent permitted by law the provisions, rights, and benefits of California Civil Code § 1542 (or any similar law), which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Nothing in this Section 3 shall apply to (a) any action by any party to enforce the rights and obligations imposed pursuant to this Agreement, including (without limitation) the obligations of Parent under Section 2 of this Agreement or (b) any breach of the Confidentiality Agreement.
4. Publicity. The parties mutually agree to issue a joint press release in the form attached as Exhibit B to this Agreement regarding this Agreement and the Termination.
5. Confidentiality. The parties agree that the Confidentiality Agreement will survive the Termination, and will remain in full force and effect in accordance with its terms.
6. Expenses. Except for the provisions of Section 16, all costs and expenses (including all fees and expenses of counsel, accountants, investment bankers, experts and consultants to a party to this Agreement and its affiliates) incurred by a party or on its behalf in connection with or related to the authorization, preparation, negotiation, execution and performance of the Stock Purchase Agreement, the Transaction Documents or this Agreement and the Transactions or the transactions contemplated by the Transaction Documents or any ancillary agreement (Expenses) shall be paid by the party incurring such Expenses. Each party to this Agreement shall indemnify the others against any claims related to the foregoing.