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advice from attorneys of such Party's choice with respect to the advisability of executing this <br />Agreement and the releases provided for herein. and prior to the execution of this Agreement by <br />each Party. that Parry's attorney. if any, reviewed this Agreement and discussed the Agreement <br />with such Party, and the Party has made all desired changes. <br />(c) Except as expressly stated in this Agreement. each Party represents and warrants <br />that it has not made any statement or representation to any other Party regarding any facts relied <br />upon by said other Pam in entering into this Agreement, and each Party specifically does not <br />rely upon any statement, representation, or promise of any other Party in executing this <br />Agreement or in making the settlement provided for herein, except as expressly stated in this <br />Agreement. <br />(d) Each Party and its attomey(s). if any, has had a full and fair opportunity to <br />investigate and evaluate the transactions, documents. facts, circumstances. and disputes out of <br />which this Agreement arises prion to entering into this Agreement, and each Party hereto and <br />their respective attorney(s), if any, have made such investigation of the facts pertaining to this <br />Agreement, and all of the matters appertaining thereto, as they deem necessary. <br />(e) The terms of this Agreement are contractual and not a mere recital. <br />(t) By signing this Agreement, each Party represents and warrants that such Party has <br />carefully read this Agreement. that the contents hereof are known and understood by such Party. <br />and that this Agreement is signed freely by such Party. <br />(g) Each Party executing this Agreement in a representative capacity represents and <br />warrants that it is empowered to do so. <br />7. Enforcement of Settlement, The Parties agree this Agreement is entered into <br />pursuant to California Code of Civil Procedure Section 664.6, and the Orange County Superior <br />Court will have jurisdiction over the parties to enforce this Agreement and the terms of this <br />Agreement until performance in full of the terms of the Agreement. <br />8. Altomev's Fees. Should any Party hereto institute any legal action or proceeding <br />to enforce any provision of this Agreement or for damages by reason of any alleged breach of <br />any provision of this Agreement, the prevailing Party shall be entitled to receive from the losing <br />Party all of its costs and expenses. including, without limitation, reasonable attorney's fees, court <br />costs, and disbursements actually and reasonably incurred in connection with said proceeding. <br />Such fees shall be in addition to any penalties authorized by this Agreement. <br />Page 4 of 9 <br />