Common use of Of Palomar Clause in Contracts

Of Palomar. Syneron Medical Ltd., Syneron and Candela, together with all persons claiming by, through or under them (collectively, “Syneron Releasors”), does hereby, jointly and severally, remise, release and forever discharge Palomar and all its Subsidiaries, together with (as applicable) all of their respective officers, directors, employees, shareholders, insurers, agents, trustees, attorneys, successors and assigns (but in each case only to the extent they are acting in their capacities as such) (collectively, the “Released Palomar Entities”), of and from the counterclaims pled by Syneron and Candela in the Lawsuits and any other claim with respect to the Xxxxxxxx Patents which could have been asserted in the Lawsuits or which otherwise relates to the invalidity or unenforceability of the Xxxxxxxx Patents (the “Counterclaims”). It is the intention of the Syneron Releasors fully, finally and forever to release the Released Palomar Entities from the Counterclaims as specified by this Section ‎3(a)(i). In furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery subsequent to the Effective Date of any presently existing fact. Notwithstanding the foregoing, it is expressly understood that this release does not release the Released Palomar Entities or any of them from the obligations set forth in this Agreement, the Exhibits hereto and the other documents delivered at the Closing (including, with respect to Palomar and its Subsidiaries, the Patent License Agreements).

Of Palomar. Syneron Medical Ltd., Syneron Each of Axxx and Candelaall Axxx Affiliates, together with all persons claiming by(as applicable) their respective officers, through or under them directors, employees, shareholders, insurers, agents, trustees, attorneys, heirs, administrators, executors, successors and assigns (collectively, “Syneron Axxx Releasors”), does hereby, jointly and severally, remise, release and forever discharge Palomar and all its SubsidiariesPalomar Affiliates, together with (as applicable) all of their respective officers, directors, employees, shareholders, insurers, licensees, sublicensees, customers, agents, trustees, attorneys, Settlement Agreement parents, subsidiaries, successors and assigns (but in each case only to the extent they are acting in their capacities as such) (collectively, the “Released Palomar Entities”), of and from the counterclaims pled by Syneron any and Candela all actions, causes of action, claims, counterclaims, damages, debts, demands, liabilities, costs, expenses, loss, liens and obligations of whatsoever name and nature, including attorney and professional fees, whether at law or in equity (hereinafter, “Claims”), in the Lawsuits and any other claim with respect Professional Field only, which the Axxx Releasors now have or ever had against the Released Palomar Entities, whether or not the facts giving rise to such Claims are now known or unknown, from the first day of the world to the Xxxxxxxx Patents Effective Date (but not thereafter), which Claims are asserted or could have been asserted in the Lawsuits or Lawsuit, and which otherwise relates further involve and are limited to the invalidity or unenforceability of the Xxxxxxxx Patents (the “Counterclaims”)Axxxxxxx Patents. It is the intention of the Syneron Axxx Releasors fully, finally and forever to release the Released Palomar Entities from the Counterclaims as specified Claims released by this Section ‎3(a)(i4(a)(i). In furtherance of such intention, this release shall be and remain in effect notwithstanding the discovery subsequent to the Effective Date of any presently existing fact. Notwithstanding the foregoing, it is expressly understood that this release does not release the Released Palomar Entities or any of them from the obligations set forth in this Agreement, the Exhibits hereto and the other documents delivered at the Closing (including, with respect to Palomar and its Subsidiariesthe Palomar Affiliates, the Patent License AgreementsAgreement and TDS Agreement).