Common use of Amendment; Release Clause in Contracts

Amendment; Release. (a) For the avoidance of doubt, this Addendum only relates to, and amends, the Third Instalment under the Stock Purchase Agreement and adds a Fourth Instalment. This Addendum does not in any way effect or amend any other aspect of the Stock Purchase Agreement. All provisions not expressly amended in this Addendum shall remain binding and enforceable as set forth in the Stock Purchase Agreement. (b) The Sellers hereby acknowledge and agree that each of the Tranche 1 Consideration, the NAV Adjustment, the True-Up Amount and the First Instalment (“Previous Payments”) have been paid to each Seller in the correct amount and none of the Sellers will contest the quantum or receipt of such Previous Payments. The parties acknowledge that the Second Instalment Payment is to be calculated and paid in accordance with the Share Purchase Agreement. Each Seller hereby releases the Purchaser and its Affiliates from all Claims relating to the Previous Payments. This release covers all Claims, however described and however arising, whether or not the facts or law giving rise to any such Claim are presently within the knowledge or contemplation of any party or have been discussed between them. (c) The Sellers acknowledge that this Addendum replaces, in its entirety, the Purchaser’s obligations with respect to the Third Instalment.