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THE SETTLING PARTIES, BEING AWARE OF SAID CODE SECTION, HEREBY
<br />EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER
<br />ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING
<br />TO THE RELEASED CLAIMS.
<br />The Parties, and each of them, represent and warrant to the other that they execute this Agreement
<br />with full knowledge of any and all rights which they may have by reason of any of the matters described
<br />herein and they have received herein. Each Party hereby further assumes the risk of mistake of fact in
<br />connection with the true facts involved in connection with the matters described herein, and with respect to
<br />any facts which are now unknown to them relating thereto, and agrees that this Agreement shall be in all
<br />respects enforceable and not subject to termination or rescission by any such difference in facts.
<br />8. Predecessors, 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, are
<br />binding upon all persons having or acquiring any right or title in the Property, including any leasehold
<br />interest, or any partthereof, and any assigns and successors -in -interest of the Parties.
<br />9. Warranty. 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 person or
<br />entity, and each of the Parties is the holder of the Claims being released by that Party.
<br />10. Representations. Each Party further represents and warrants, as to itself, but not as to any
<br />other Party, as follows:
<br />(a) Each Party has received or has had the opportunity to receive independent legal advice from
<br />attorneys of such Party's choice with respect to the advisability of executing this Agreement and the
<br />releases provided for herein, and prior to the execution of this Agreement by each Party, that Party's
<br />attorney, if any, reviewed this Agreement and discussed the Agreement with such Party, and the Party has
<br />made all desired changes.
<br />(b) Except as expressly stated in this Agreement, each Party represents and warrants that it has
<br />not made any statement or representation to any other Party regarding any facts relied upon by said other
<br />Party in entering into this Agreement, and each Party specifically does not rely upon any statement,
<br />representation, or promise of any other Party in executing this Agreement or in making the settlement
<br />provided for herein, except as expressly stated in this Agreement.
<br />(c) Each Party and its attorney(s), if any, has had a full and fair opportunity to investigate and
<br />evaluate the transactions, documents, facts, circumstances, and disputes out of which this Agreement arises
<br />prior to entering into this Agreement, and each Party hereto and their respective attorney(s), if any, have
<br />made such investigation of the facts pertaining to this Agreement, and all of the matters appertaining
<br />thereto, as they deem necessary.
<br />(d) The terms of this Agreement are contractual and not a mere recital.
<br />(e) By signing this Agreement, each Party represents and warrants that such Party has carefully
<br />read this Agreement, that the contents hereof are known and understood by such Party, and that this
<br />Agreement is signed freely by such Party.
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