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entire agreement between the Parties and the terms of this Agreement are contractual and not <br />mere recitals. <br />13. Severability: <br />13.1 Each and every provision of this Agreement is separate and distinct from any and <br />all other provisions of this Agreement. Should any provision or provisions of this Agreement be <br />for any reason unenforceable, the balance shall nonetheless be of full force and effect. Any <br />provision shall only be deemed invalid to the extent of the scope or breadth permitted by law. <br />14. Remedies: <br />14.1 The Parties acknowledge and agree that money damages would not be sufficient <br />remedy for any breach of this Agreement and that the Parties shall be entitled to specific <br />performance and injunctive relief to enforce the provisions of this Agreement or to remedy a <br />breach or threatened breach of this Agreement. Such remedies shall not be deemed the exclusive <br />remedies for a breach of this Agreement, but shall be in addition to all remedies available at law <br />or in equity, including, without limitation, the recovery of damages and attorneys fees. <br />15. No Publicity: <br />15.1 In consideration of the statements, covenants, promises, obligations, undertakings, <br />releases, dismissals, and agreements contained in this Agreement, CORTEZ and her counsel <br />agree that they shall not take any action to publicize the resolution of the Action or the terms of <br />this Agreement, including, but not limited to, speaking with the media, issuing press releases, or <br />reporting to any verdicts/settlements publications. <br />16. Medicare Eligibility: <br />16.1 By executing this Agreement, CORTEZ acknowledges that at no time was she a <br />Medicare beneficiary as it pertains to any of the allegations set forth in this claim and/or the <br />Action, or any alleged damages and/or injuries arising from any act and/or omission that gave <br />rise to this claim and/or the Action; at no time while this claim and/or the Action has been <br />pending has she been a Medicare beneficiary as it pertains to any of the allegations set forth in <br />this claim and/or the Action, or any alleged damages and/or injuries arising from any act and/or <br />omission that gave rise to this claim and/or the Action; and based on the advice of her healthcare <br />advisors to date, she does not reasonably anticipate becoming a Medicare beneficiary at any time <br />in the future as it pertains to any of the allegations set forth in this claim and/or the Action or any <br />alleged damages and/or injuries arising from any alleged act and/or omission that gave rise to <br />this claim and/or the Action. <br />16.2 By executing this Agreement, CORTEZ agrees to indemnify, defend and hold <br />harmless Released Parties and each of them to the fullest extent allowed by law in the event <br />Medicare asserts liens/subrogation claims/penalties or any other claims against any of the <br />Released Parties related to any past or future medical treatment received by CORTEZ. <br />191 <br />