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TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND PURCHASER <br />HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH IT NOW <br />HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF <br />THE PROVISIONS OF FEDERAL, STATE, OR LOCAL LAW, RULES, OR <br />REGULATIONS, INCLUDING WITHOUT LIMITATION, SECTION 1542 OF THE <br />CIVIL CODE OF THE STATE OF CALIFORNIA ("SECTION 1542"), WHICH <br />PROVIDES AS FOLLOWS: <br />"A GENERAL RELEASE DOES NOT EXTEND TO <br />CLAIMS THAT THE CREDITOR OR RELEASING <br />PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN <br />HIS OR HER FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE AND THAT, IF KNOWN BY HIM OR <br />..HER, WOULD HAVE MATERIALLY AFFECTED HIS <br />OR HER SETTLEMENT WITH THE DEBTOR OR <br />RELEASED PARTY." <br />PURCHASER HEREBY ACKNOWLEDGES, AND REPRESENTS AND <br />WARRANTS TO SELLER THAT IT HAS READ, IS FAMILIAR WITH, AND <br />FULLY UNDERSTANDS THE PROVISIONS OF SECTION 1542. <br />IN ACCORDANCE WITH THE FOREGOING, AND TO THE MAXIMUM EXTENT <br />PERMITTED BY LAW, PURCHASER HEREBY AGREES, REPRESENTS, AND <br />WARRANTS THAT IT UNDERSTANDS THAT FACTUAL MATTERS NOW <br />UNKNOWN TO PURCHASER MAY HAVE GIVEN, OR MAY HEREAFTER GIVE, <br />RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DEBTS, <br />CONTROVERSIES, DAMAGES, COSTS, LOSSES, OR EXPENSES WHICH ARE <br />PRESENTLY UNKNOWN, UNANTICIPATED, AND UNSUSPECTED, AND <br />PURCHASER FURTHER AGREES, REPRESENTS, AND WARRANTS THAT THE <br />WAIVERS AND RELEASES HEREIN HAVE BEEN NEGOTIATED AND AGREED <br />UPON IN LIGHT OF THAT REALIZATION, AND THAT PURCHASER <br />NEVERTHELESS HEREBY INTENDS TO RELEASE, DISCHARGE, AND <br />ACQUIT .SELLER FROM ANY SUCH UNKNOWN CAUSES OF ACTION, <br />CLAIMS, DEMANDS, DEBTS, CONTROVERSIES, DAMAGES, COSTS, LOSSES,. <br />AND EXPENSES WHICH MIGHT IN ANY WAY BE INCLUDED IN THE <br />WAIVERS AND MATTERS RELEASED AS SET FORTH IN THIS SECTION 5.4.2. <br />THE PROVISIONS OF THIS SECTION 5.4.2 ARE MATERIAL AND INCLUDED <br />AS A MATERIAL PORTION OF THE CONSIDERATION GIVEN TO SELLER BY <br />PURCHASER -IN EXCHANGE FOR SELLER'S PERFORMANCE HEREUNDER <br />AND THE:SETTLEMENT AGREEMENT. SELLER HAS GIVEN PURCHASER <br />MATERIAL CONCESSIONS REGARDING THIS TRANSACTION IN EXCHANGE <br />FOR PURCHASER AGREEING TO THE PROVISIONS OF THIS SECTION 5.4.2. <br />PURCHASER HAS INITIALED THIS SECTION 5.4.2 TO FURTHER INDICATE <br />ITS AWARENESS AND ACCEPTANCE OF EACH AND EVERY PROVISION <br />HEREOF. PURCHASER HEREBY WAIVES THE PROVISIONS OF SECTION <br />1542, AND•OF ANY STATUTE, PRINCIPLE OF COMMON LAW OR CASE LAW <br />WHICH WOULD LIMIT THE SCOPE OF THE FOREGOING WAIVER AND <br />RELEASE, IN CONNECTION WITH MATTERS WHICH ARE THE SUBJECT OF <br />THE FOREGOING WAIVER AND RELEASE. <br />5489135.2 10 <br />