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a <br />Each signatory to this Agreement warrants and represents that he or she is competent and <br />authorized to enter into this Agreement on behalf of the Party or Parties for whom they purport to <br />sign. Plaintiff represents that no assignment of any Claim or right (in whole or in part) has been <br />made by Plaintiff to any other person or entity. <br />91 <br />This Agreement is the result of a compromise among the Parties and shall never be <br />considered at any time or for any purpose as an admission of liability and/or responsibility on the <br />part of any Party herein released. The payment of any sum of money in consideration for the <br />execution of this Agreement or the absence of any payment shall not constitute, nor be construed <br />as, an admission of any liability whatsoever by any Party herein released. <br />10. EXECUTION AND FILING OF REQUESTS FOR DISMISSALS. <br />Plaintiff shall execute and file with the appropriate court a Request for Dismissal with <br />Prejudice of the entire Action consistent with this Agreement within one (1) week after receipt by <br />his or her counsel of the Settlement Funds described in paragraph "1" above. A conformed copy <br />shall thereafter be provided forthwith to Defendants through their counsel. <br />11. ADDITIONAL DQCUMENTS. <br />Each Party to this Agreement hereby agrees to cooperate fully and to execute any and all <br />supplementary documents and to take all additional actions, which may be necessary or <br />appropriate to give full force and effect to the basic terms and intent of this Agreement. <br />12. ATTORNEYS' FEES. <br />The Parties acknowledge and agree that each will bear its own costs, expenses and <br />attorneys' fees arising out of and/or connected with the Action, the negotiation, drafting and <br />execution of this Agreement, and all matters arising out of or connected herewith. <br />13. CONSTRUCTION OF AGREEMENT. <br />This Agreement is the product of negotiation and preparation by and among the Parties and <br />their respective attorneys. The Parties, therefore, expressly acknowledge and agree that this <br />Agreement shall not be deemed prepared or drafted by one Party or another, or its attorneys, and <br />this Agreement will be construed accordingly.. <br />14. GOVERNING LAW. <br />This Agreement shall be interpreted in accordance with and governed in all respects by the <br />laws of the State of California. Any action brought to enforce this Agreement shall be brought in <br />the appropriate California State Court having proper jurisdiction and venue. <br />-5- <br />