definiens: means any obligations of either Party relating to details, samples, JCC Meetings, or clinical trials under the Agreement, including, but not limited to any such obligations contained in the following sections of this Agreement : ( i ) Section 3.1 ; ( ii ) Section 4.1 ; ( iii ) Section 4.2 ; ( iv ) Section 4.3(1 ) ; ( v ) Section 4.3(2 ) ; ( vi ) Section 4.3(3 ) ; ( vii ) Section 4.3(4 ) ; ( viii ) Section 4.3(6 ) ; ( ix ) Section 4.3(9 ) ; ( x ) Section 4.3(10 ) ; ( xi ) Section 4.4(1 ), ( xii ) Section 4.4(2 ) ; ( xiii ) Section 4.4(3 ) ; ( xiv ) Section 4.4(4 ) ; ( xv ) Section 4.4(5 ) ; ( xvi ) Section 4.4(7)~ ( xvii ) Section 4.4(9)(d ) ; and ( xviii ) Section 4.4(9)(e ) . Each of the Pal1ies acknowledges and agrees that the purpose of this Section 5.11 is to reset the Parties ' relationship with respect to the Covered Sections by forgiving and waiving any failures to perform or breaches with respect to the Covered Sections that occurred prior to January 1, 2009 but that this Section 5.11 shall not be deemed a waiver of any other right hereunder or of any other breach or failure by a Party whether of a sinlilar nature or otherwise, including, without limitation, any breach or failure of a Covered Section that occurs on or after January 1, 2009