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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 />(e) 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. <br />(f) Each Party executing this Agreement in a representative capacity represents and warrants <br />that it is empowered to do so. <br />0 <br />