definiens: shall mean the following : ( i ) The untruth, inaccuracy or breach of any representation or warranty contained in this Agreement or in any of the other Documents ; ( ii ) The breach of any covenant, agreement or condition of the Seller contained in this Agreement or in any of the other Documents ; ( iii ) The return ofbo/~or more of Products as provided for in Section 2.6 ; ( iv ) The disclosure by any of William Collins, AI Goeken or Greg Preston of the confidential information or trade secrets of either Seller ; or ( v ) Liabilities of, or claims against, the Purchaser relating to, or arising out of, the operation of the Business prior to the Closing date or facts and circumstances existing at or prior to the Closing Date, whether or not such Liabilities were known on such date, and any other Liabilities of the Seller or relating to the Business not expressly included in the Assumed Liabilities ; provided, however, that liabilities of or claims against the Purchaser or its Affiliates relating to or arising out of discussions or negotiations between the Purchaser or its Affiliates and third parties relating to the Compromised Claims is expressly excluded