CORTEZ, MELISSA, A MINOR, BY AND THROUGH HER PARENT AND LEGAL GUARDIAN, ARTURO CORTEZ (2)

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be enforced pursuant to California Code of Civil Procedure section 664.6, in the event any party fails to perform the conditions or terms required herein. 20. Further Assurances: 20.1 The Parties agree to cooperate fully and execute and deliver such further documents or instruments, and perform such other acts as may be necessary or appropriate to effectuate the intent of this Agreement. 21. Non -Waiver: 21.1 The failure of the Parties hereto to insist, in any one or more instances, upon strict performance of any one or more of the provisions, terms, and/or conditions of this Agreement, or to exercise any rights hereunder, shall not be construed as a waiver thereof, and any and all such provisions, terms, conditions, and/or rights shall continue and remain in full force and effect. 22. Headings: 22.1 The headings contained in this Agreement are inserted as a matter of convenience only, and in no way define, limit, or extend the scope of the Agreement or any provision herein. 23. Jointly Drafted: 23.1 This Agreement has been drafted jointly and is not to be construed against any party. The Parties aelmowledge that this Agreement has been negotiated at arm's length among persons Imowledgeable in the matters herein. Accordingly, any rule of law including without limitation California Civil Code § 1654, or any other statute, legal decision, or common law principle of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is of no application and hereby is expressly waived. This Agreement and its provisions shall be interpreted in a reasonable manner to effectuate the Parties' intentions. 24. Voluntary Settlement After Consultation with Lawyer: 24.1 The Parties warrant, represent and agree that they have carefully read this Agreement, understand this Agreement and all terms thereof, and are executing this Agreement with full Icnowledge of any and all rights that they may have with respect to the matters set forth and the claims released herein. The Parties acknowledge that they have each been represented by legal counsel or have had the opportunity to be represented by legal counsel in the negotiation and preparation of this Agreement, and the Parties enter into this Agreement freely, without coercion, and based upon the Parties' own judgment. 25. Execution in Counterparts / Facsimile Signatures / Copies: