definiens: when used herein withrespect to a Party, shall mean and include each and every claim, charge, complaint, demand, action, cause of action, suit, right, debt, sum of money, cost, reckoning, covenant, contract, agreement, promise, doing, omission, damage, execution, obligation, liability and expense(including attorneys ' fees and costs ), of every kind and nature, whether at law or in equity, thatsuch Party may have had in the past, may now have or may have in the future against theReleased Parties, and which has arisen or arises directly or indirectly out of, or relates directly orindirectly to, any circumstance, agreement, activity, action, omission, event or matter occurringor existing on or prior to the Effective Date to the extent such claim relates to or arises under theLicense and Collaboration Agreement ; provided, however, that the Released Claims shallexclude : ( 1 ) any and all rights to seek and obtain indemnification for any breach of anyrepresentation, warranty, covenant or agreement under this Agreement ( or, as provided herein, under the License and Collaboration Agreement ) ; and ( 2 ) any and all rights to seek and obtainenforcement of, or a remedy arising out of the breach of, any obligation provided for in this