(iii) Without limiting anything set forth inSection 9(q)(ii), effective as of the Closing, Buyer, on behalf of itself and its Affiliates (including the Company and its Subsidiaries) and each of their respective successors and assigns (each, a “Buyer Releasor”), hereby releases, acquits and forever discharges, to the fullest extent permitted by applicable Law, each of the Sellers, the Sellers’ Representative and the Company (prior to Closing) and each of their respective past, present or future officers, managers, directors, equityholders, partners, members, Affiliates, employees, counsel and agents (each, a “Seller Releasee”) (in each case, solely in their respective capacities as past, present or future officers, managers, directors, equityholders, partners, members, Affiliates, employees, counsel and agents of the Sellers, the Sellers’ Representative and the Company (prior to Closing)) of, from and against any and all Adverse Consequences, causes of action, claims, demands, damages, judgments, debts, dues and suits of every kind, nature and description whatsoever, which the Buyer Releasors ever had, now have or may have, on or by reason of any matter, cause or thing whatsoever through the Closing Date. Each Buyer Releasor agrees not to assert any claim against the Seller Releasees that are released hereunder. Notwithstanding the foregoing, each Buyer Releasor shall retain and does not release (i) its rights and interests under the terms and conditions of this Agreement, the Ancillary Agreements and the Confidentiality Agreement, (ii) its rights, claims, demands, actions or causes of action or Adverse Consequences in respect of any other Contract to which such Seller Releasee is a party and under which such Seller Releasee has ongoing liabilities or obligations to any of the Buyer Releasors at or after the Closing, in each case of the foregoing clauses (i) and (ii) only to the extent set forth herein or therein or (iii) any Seller Releasee with respect to any such Adverse Consequences, causes of action, claims, demands, damages, judgments, debts, dues and suits of every kind to the extent arising out of such Seller Releasee’s fraud.
(iv) Without limiting anything set forth inSection 9(q)(ii), effective as of the Closing, each Seller, on behalf of itself and its Affiliates (excluding the Company and its Subsidiaries), and each of their respective successors and assigns (each, a “Seller Releasor”), hereby releases, acquits and forever discharges, to the fullest extent permitted by applicable Law, each of Buyer, the Company, the Company’s Subsidiaries and each of their respective past, present or future officers, managers, directors, equityholders, partners, members, Affiliates, employees, counsel and agents (each, a “Buyer Releasee”) (in each case, solely in their respective capacities as past, present or future officers, managers, directors, equityholders, partners, members, Affiliates, employees, counsel and agents of Buyer, the Company and its Subsidiaries) of, from and against any and all Adverse Consequences, causes of action, claims, demands, damages, judgments, debts, dues and suits of every kind, nature and description whatsoever, which the Seller Releasors ever had, now have or may have, on or by reason of owning any Shares, Options or other equity interests of the Company or any of its Subsidiaries through the Closing Date. Each Seller Releasor agrees not to assert any claim against the Buyer Releasees that are released hereunder. Notwithstanding the foregoing, each Seller Releasor shall retain and does not release (i) its rights and interests under the terms and conditions of this Agreement, the Ancillary Agreements and the Confidentiality Agreement or (ii) any Buyer Releasee with respect to any such Adverse Consequences, causes of action, claims, demands, damages, judgments, debts, dues and suits of every kind to the extent arising out of such Buyer Releasee’s fraud.
(v) Notwithstanding anything contained in thisSection 9(q) or otherwise provided for in this Agreement, the insurer under the Representation and Warranty Insurance Policy shall have no right of subrogation against any of the Sellers except the right to proceed against a Seller for monetary damages caused by the fraud of such Seller in its capacity as such for the duration set forth in the Representation and Warranty Insurance Policy. For the purposes of thisSection 9(q), in no event shall the fraud of any Seller be imputed to any other Seller.
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