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4. Notwithstanding the provisions of Civil Code section 1542, each Party hereby
<br />irrevocably and unconditionally releases and forever discharges each other Party and each and
<br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors
<br />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,
<br />known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims")
<br />which each releasing party at any time heretofore had or claimed to have or which each
<br />releasing party at any time hereafter may have or claim to have, related to the Claim.
<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
<br />herein, are binding upon and inure to the benefit of any assigns and successors -in -interest of
<br />the Parties. Each of the Parties represents and warrants that none of the claims or causes of
<br />action being released herein has been transferred, assigned, or otherwise conveyed to any other
<br />person or 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
<br />not 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 Patty 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
<br />by each Parry, that Part's attorney, if any, reviewed this Agreement and discussed the
<br />Agreement with such Party, and the Party has made all desired changes.
<br />(c) Except as expressly stated in this Agreement, each Party represents and
<br />warrants the: it has not made any statement or representation to any other Party regarding any
<br />facts relied upon by said other Party in entering into this Agreement, and each Party
<br />specifically does not rely upon any statement, representation, or promise of any other Party in
<br />executing this Agreement or in making the settlement provided for herein, except as expressly
<br />stated in this Agreement.
<br />(d) Each Patty 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 attorney(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
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