License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement or # a breach of this Agreement by ARS. The Recordati Releasors agree that they will # forbear from exercising any rights or remedies against any ARS Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement and # not commence any lawsuit or bring any legal or equitable action against any ARS Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement; in each case, except to the extent arising after the Termination Agreement Effective Date from # an ARS Releasee’s violation of its obligations under the License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement or # a breach of this Agreement by ARS.

Release by ARS. Notwithstanding any provision to the contrary set forth in the License and Supply Agreement, from and after the Termination Agreement Effective Date: ARS, on behalf of itself and each of its Affiliates and each of their respective successors and assigns (collectively, the “ARS Releasors”), do hereby now and forever release, remise, hold harmless and forever discharge Recordati, its Affiliates, its Sublicensees and each of their respective sublicensees, officers, directors, employees, consultants, contractors and agents, and its and any and all of the foregoing Persons’ respective successors and assigns (collectively, the “Recordati Releasees”) of and from any and all claims, actions, causes of action, choses in action, or suit (whether in contract or tort or otherwise), litigation (whether at law or in equity, whether civil or criminal), controversies, assessments, arbitration, examinations, audits, investigations, hearings, charges, complaints, demands, or proceedings to, from, by or before any governmental authority (collectively, “Actions”), losses, liabilities, damages, judgments, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty or equity (collectively, “Liabilities”), whether known or unknown, suspected or unsuspected and that arose at any time on or prior to the Termination Agreement Effective Date, or that thereafter could arise based on any act, fact, transaction, matter, or cause that occurred on or prior to the Termination Agreement Effective Date arising from, under or otherwise in connection with the License and Supply Agreement, in each case, except to the extent arising after the Termination Agreement Effective Date from # a Recordati Releasee’s violation of its obligations under the License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement, or # a breach of this Agreement by Recordati. The ARS Releasors agree that they will # forbear from exercising any rights or remedies against any Recordati Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement and # not commence any lawsuit or bring any legal or equitable action against any Recordati Releasee in respect of any or all Actions or Liabilities in connection with the License and Supply Agreement; in each case, except to the extent arising after the Termination Agreement Effective Date # from a Recordati Releasee’s violation of its obligations under the License and Supply Agreement that survive termination as provided in Section 5 (Survival) of this Agreement or # a breach of this Agreement by Recordati.