Release by Cynosure Sample Clauses

Release by Cynosure. Effective as of October 1, 2006, Cynosure, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby releases, acquits and forever discharges Palomar, each Palomar Affiliate and each of their respective current and former principals, officers, directors, equity holders, members, employees, partners (whether general or limited), distributors, attorneys, parents, affiliates, subsidiaries, divisions, and successors and assigns (collectively, the “Palomar Group”), of and from any and all manner of Claims, whether known or unknown, that accrue based on any claim of infringement of the Cynosure Patents resulting from the manufacture, use, sale, offer for sale or importation of any product listed on Exhibit C limited to the form in which those products were sold and to the treatments for which those products were marketed by Palomar and Palomar Affiliates prior to October 1, 2006, in each case in the Professional Field only, which Cynosure had, has, or may have prior to October 1, 2006 (but not thereafter). Cynosure warrants and represents that it has not assigned or otherwise transferred any Claim released by this Section 4.2(c). Cynosure covenants and agrees that it will not s▇▇ ▇▇▇▇▇▇▇ or any member of the Palomar Group, individually or collectively, or otherwise pursue or participate in the pursuit of any claim brought by any person or entity against Palomar or any member of the Palomar Group, individually or collectively, based on any Claim released by this Section 4.2(c). Notwithstanding the provisions of this Section 4.2(c), nothing in this Agreement shall release, acquit, discharge or otherwise affect any other Claims related to Cynosure’s rights under this Agreement.