Mutual Rescission and Release Agreement Style 103

5.3 The execution and delivery by the WellTek Parties of this Rescission Agreement and the documents, and the fulfillment of and compliance with this respective terms by said parties does not and will not (i) conflict with or result in a breach of the terms, conditions, or provisions of, (ii) constitute a default or event of default under, (iii) give any third party the right to accelerate any obligation under, (iv) result in a violation of, or (v) require any authorization, consent, approval exemption or other action by or notice to any court or governmental authority pursuant to, the articles of incorporation or any regulation, order or contract to which the said parties are subject;. When both parties want to invalidate an agreement that neither has fulfilled completely, and to release all of their related obligations and rights under that agreement, they may use a rescission to meet these objectives. If one or both parties have completed key tasks required of them under the agreement, a different remedy is generally required (often a claim for restitution). Rescission "turns back the clock" and puts each party back in the position they held before the agreement became effective. It is, as some courts have said, the un-making of a contract. When both parties want to invalidate an agreement that neither has fulfilled completely, and to release all of their related obligations and rights under that agreement, they may use a rescission to meet these objectives. If one or both parties have completed key tasks required of them under the agreement, a different remedy is generally required (often a claim for restitution).

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