Common use of Release of Certain Matters Clause in Contracts

Release of Certain Matters. Purchaser hereby irrevocably waives and surrenders any and all rights and claims in respect of, and hereby irrevocably releases and discharges Seller from and against all actions, claims, and demands (at law or in equity) which Purchaser and/or its successors and assigns ever had, now have or hereafter can, shall or may have, relating to or arising out of any alleged misrepresentations and/or breaches of warranty or from any inaccuracies contained in those provisions of the Stock Purchase Agreement referred to in the first sentence of Section 1.1 hereof including, without limitation, the failure to reflect certain accounts payable of the Company in the financial statements of the Company furnished to Purchaser, any obligation of the Company to pay incentive bonuses to four employees of the Company identified by the Seller, any obligation of the Company with respect to common area charges under its building lease or any loss incurred by the Company solely arising out of any lien encumbering the landlord's real property created or incurred by the landlord (but not directly created or incurred by the Company or directly encumbering the Company's leasehold interest) (collectively, the "Disclosed Obligations") or based on any oral representations (whether made by Seller or by Xxxxx Xxxxxxxx, a former officer of the Company), agreements or understandings including, but not limited to, those relating to the past and projected operating profitability and/or income and expenses of the Company or relating to the determination of the Purchase Price (collectively, the "Negotiations").