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and assigns and all persons acting by, through, under, or in concert with each other party from
<br />any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
<br />unknown, suspected or unsuspected (hereinafter referred to as 'claim" or "claims") which each
<br />releasing party at any time heretofore had or claimed to have or which each releasing party at
<br />any time hereafter may have or claim to have, incidental to the incident(s) which form the basis
<br />of the Agreement.
<br />5. Successors and Assigns. This Agreement and all terms, conditions, and
<br />obligations contained herein, including, but not limited to, the release of Claims set forth herein,
<br />are binding upon and inure to the benefit of any assigns and successors -in -interest of the Parties.
<br />Each of the Parties represents and warrants that none of the Claims or causes of action being
<br />released herein has been transferred, assigned, or otherwise conveyed to any other person or
<br />entity, and each of the Parties is the holder of the Claims being released.
<br />6. Representations. Each Party further represents and warrants, as to itself, but not
<br />as to any other Party, as follows:
<br />(a) Each Party is the sole and lawful owner of all right, title, and interest in and to
<br />every Claim and other matter that each such Party releases herein, and that each such Party has
<br />not heretofore assigned or transferred, or purported to assign or transfer, to any person, firm, or
<br />entity any Claims or other matters herein released.
<br />(b) Each Party has received or has had the opportunity to receive independent legal
<br />advice from attorneys of such Parry'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 Party in entering into this Agreement, and each Party specifically does not rely
<br />upon any statement, representation, or promise of any other Party in executing this Agreement or
<br />in making the settlement provided for herein, except as expressly stated in this Agreement.
<br />(d) Each Party and its attorney(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 prior to entering into this Agreement, and each Party hereto and
<br />their respective attomey(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 />(0 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.
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