NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth below, the parties hereto agree as follows: ARTICLE I MUTUAL RELEASES; INDEMNIFICATION Section 1.1. Release of Pre-Closing Claims.
Notwithstanding Section 2.3 above, Purchaser will not assume any Liabilities or have any responsibility with respect to any Liability of Seller that is not an Assumed Liability, including, without limitation, any Pre-Closing Claims (each, an Excluded Liability).
Sellers agree to cooperate with Buyer prior to the Closing to determine the proper characterization of any of the Tiered Claims, and the parties shall work together in good faith to agree upon a final list of Tier 1 Claims as of the Closing Date (the Tier 1 Pre-Closing Claims), which Tier 1 Pre-Closing Claims will not include any Specified Litigation.
ARTICLE VI MUTUAL RELEASES; INDEMNIFICATION 6.1. Release of Pre-Closing Claims.
MUTUAL RELEASES; INDEMNIFICATION 3.1. Release of Pre-Closing Claims.