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choice so retained pursuant to this provision to defend actions described in this paragraph shall be bonze solely and exclusively by RELEASOR. 7. This Agreement contains the entire agreement between the parties hereto. This Agreement supersedes any and all prior negotiations and is the final expression of the terms of settlement as set forth herein. The terms of this Release are contractual acid not a mere recital. This Release is executed by the parties hereto without reliance upon any representation by other parties concerning the nature and extent of damages or legal liability therefor. If any provision or portion of this Agreement is later voided or is bold, to be illegal or invalid by a court of competent jurisdiction, said provision shall be deemed severed and deleted, and the remainder of this Agreement shall continue to be valid and enforceable. &. The parties to this Agreement agree to bear their own attorneys' fees. and costs, and any other expenses for all matters related to or arising from THE INCIDENT and/or die CIVIL ACTION.. 9. The terms and provisions of this Agreement are the product of negotiation by counsel for all parties therefore the parties further agree that the language of.this Agreement, shall not be construed against any party. The parties further warrant and represent that in executing this Agreement they have each had the opportunity to seek legal advice from the attorney and/or attorneys of his/her/its/their choice, and that the terms of this Agreement and its consequences have, been completely read and explained to any such partyby such attorney. However, irrespective of wbether the parties have availed himself/herself/itself/themselves of the opportunity to have an attomey review this Agreement and obtain advice regarding the propriety of entering this Agreement, each party represents and expressly warrants that he/she/hUthey fully understands both the terms and consequences of executing this Release, and executes it and agrees to be bound by the set forth herein knowingly, intelligently, and voluntarily, 10.. Each party further acknowledges and represents that helglicht/they hasMave been apprised, of all relevant information and data furnished by his/her/itshheir attorneys of record and all other information rolevant to this claim and this release including, but not limited to, Mum risks, complications and costs, Each party further acknowledges and represents that, in executing this Release, he/she/it/they hos/have not relied upon any inducements, promises, or representations, other than those specifically provided and set forth within this Agreement. 11. l3ach party agrees to execute and deliver to any other party any and all. such additional documents and to perform any and all acts necessary, convenient or desirable, as may be reasonably required to fully carry out and affect the intent of this Agreement. 12, C NPIDENTIALITY A4— 4of8 Plaintiff Initial General Release and Settlement Agreement COGBY.WORAINY.: CITY OFMURRI&TA Pettit Kahn rite No. 323.7,157 Client File No.: L-099-1023557