Section12.Non-Recourse. Except to the extent expressly set forth in this commitment letter or any document or instrument delivered in connection herewith, by its acceptance of the benefits of this commitment letter, K-Z Evergreen acknowledges and agrees that (a)all claims or causes of action (whether in contract or in tort, in law or in equity) that may be based upon, arise out of or relate to this commitment letter, or the negotiation, execution or performance of this commitment letter (including any representation or warranty made in or in connection with this commitment letter or as an inducement to enter into this commitment letter), may be made only against the Family Stockholders and (b)no Non-Recourse Party shall have any liability (whether in contract or in tort, in law or in equity, or based upon any theory that seeks to impose liability of an entity party against its owners or Affiliates) for any obligations or liabilities arising under, in connection with or related to this commitment letter or for any claim based on, in respect of, or by reason of this commitment letter or its negotiation or execution, and each party hereto waives and releases all such liabilities, claims and obligations against any such Non-Recourse Party. Recourse against the Family Stockholders pursuant to this commitment letter shall be the sole and exclusive remedy of K-Z Evergreen, Parent, Merger Sub and all of their respective Affiliates against the Family Stockholders and the other Non-Recourse Parties (other than K-Z Evergreen pursuant to the K-Z LLC Equity Commitment Letter) in respect of any liabilities or obligations arising under, or in connection with, the Merger Agreement or the Transactions. Notwithstanding Parents and the Companys rights as third party beneficiary hereunder as contemplated by Section11 hereof, each of Parent and the Company is subject to this Section12 hereof to the same extent as K-Z Evergreen. Non-Recourse Parties are expressly intended as third party beneficiaries of this provision of this commitment letter.