ITS PREDECESSORS AND SUCCESSORS IN INTEREST,
OFFICERS, DIRECTORS, OWNERS, EXECUTIVES, EMPLOYEES, AGENTS, ATTORNEYS,
REPRESENTATIVES, SUBSIDIARIES, PARTNERS, JOINT VENTURES, INSURERS, UNDERWRITERS,
TRUSTEES-IN-BANKRUPTCY, PAST OR FUTURE PARENTS, SUCCESSORS IN INTEREST OR
ASSIGNS OF THE LICENSED PRODUCTS, AND PERMITTED ASSIGNS OF ANY OF THE FOREGOING,
AND ITS CUSTOMERS, SUPPLIERS, MANUFACTURERS AND DISTRIBUTORS, FROM ANY AND ALL
CLAIMS OR LIABILITIES OF ANY KIND AND NATURE, AT LAW, IN EQUITY, OR OTHERWISE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, THAT
WERE OR COULD HAVE BEEN BROUGHT IN THE ACTION (INCLUDING AS IF A CLAIM FOR
PATENT INFRINGEMENT HAD BEEN BROUGHT AGAINST TEVA IN THE ACTION).
NOTWITHSTANDING THE FOREGOING, DEPOMED RESERVES ITS RIGHTS TO RAISE ANY AND ALL
CLAIMS, DEFENSES AND COUNTERCLAIMS THAT WERE OR COULD HAVE BEEN RAISED IN THE
ACTION IN ANY FUTURE ACTION REGARDING THE LICENSED PATENTS AND ANY PRODUCT OTHER
THAN THE LICENSED PRODUCTS.
5.5
GENERAL RELEASES.
THE RELEASES OF THIS SECTION INCLUDE AN
EXPRESS, INFORMED, KNOWING AND VOLUNTARY WAIVER AND RELINQUISHMENT TO THE
FULLEST EXTENT PERMITTED BY LAW.
THE RELEASING PARTY ACKNOWLEDGES THAT IT MAY
HAVE SUSTAINED DAMAGES, LOSSES, COSTS OR EXPENSES THAT ARE PRESENTLY UNKNOWN AND
UNSUSPECTED AND THAT SUCH DAMAGES, LOSSES, COSTS OR EXPENSES AS MAY HAVE BEEN
SUSTAINED MAY GIVE RISE TO ADDITIONAL DAMAGES, LOSSES, COSTS OR EXPENSES IN THE
FUTURE.
THE RELEASING PARTY FURTHER ACKNOWLEDGES THAT IT HAS NEGOTIATED THIS
AGREEMENT TAKING INTO ACCOUNT PRESENTLY UNSUSPECTED AND UNKNOWN CLAIMS,
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COUNTERCLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS AND EXPENSES ARISING
FROM OR RELATING TO THE ACTION AND THE RELEASING PARTY VOLUNTARILY AND WITH FULL
KNOWLEDGE OF ITS SIGNIFICANCE, EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL
RIGHTS IT MAY HAVE UNDER ANY STATE OR FEDERAL STATUTE, RULE OR COMMON LAW
PRINCIPLE, IN LAW OR EQUITY, RELATING TO LIMITATIONS ON GENERAL RELEASES.
SPECIFICALLY, WITH RESPECT TO ANY RELEASES IN THIS AGREEMENT, THE RELEASING
PARTY WAIVES ANY RIGHT AVAILABLE UNDER THE PROVISIONS OF SECTION 1542 OF THE
CALIFORNIA CIVIL CODE OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR
EFFECT.
SECTION 1542 PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
5.6
THE PARTIES ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SETTLEMENT
MEMORIALIZED HEREIN IS A COMPROMISE OF DISPUTED CLAIMS, AND THAT SUCH COMPROMISE
IS NOT TO BE CONSTRUED AS AN ADMISSION OF INFRINGEMENT, VALIDITY AND/OR
ENFORCEABILITY OF THE LICENSED PATENTS.
THE PARTIES FURTHER AGREE THAT THIS
AGREEMENT MAY NOT BE USED AGAINST A PARTY FOR ANY PURPOSE IN CONNECTION WITH ANY
FUTURE LITIGATION RELATING TO THE LICENSED PATENTS, EXCEPT IN ANY ACTION BROUGHT
TO ENFORCE THE TERMS OF THIS AGREEMENT.
THE PARTIES FURTHER AGREE THAT NEITHER
PARTY SHALL ARGUE THAT ANOTHER PARTY IS PRECLUDED OR BARRED IN ANY WAY UNDER ANY
LEGAL
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PRINCIPLE, IN ANY ACTION REGARDING THE LICENSED PATENTS AND ANY PRODUCT OTHER