definiens: ) . All terms used in this Settlement Agreement shall have the definition provided for in the DistributionAgreement ; andWHEREAS, AspenBio has been unable to successfully develop the Product and has discontinued all development efforts on theProduct ; andWHEREAS, [COMPANY] desires that AspenBio not attempt to develop the Product with any third parties ; andWHEREAS, it is the desire of the Parties to terminate the Distribution Agreement and to settle, once and forever, all claimsarising from or relating to the Distribution Agreement, and to release each other from any liability arising from or relating to theDistribution Agreement ; andNOW, THEREFORE, in consideration of the mutual agreements, covenants, and releases, and other good and validconsideration as set forth herein, the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Partiesdo hereby covenant, represent, warrant, promise, and agree to the following:1