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agency or court and that they will not do so at any time hereafter as it relates to this Action and
<br />that if any agency or court assumes jurisdiction of any complaint, claim, or action against
<br />Defendant on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss
<br />the matter with prejudice.
<br />l F'1'H: The parties hereto hereby agree that all rights under Section 1542 of the Civii
<br />Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows:
<br />i°A general release does not extend to claims which the creditor does not know or
<br />suspect to exist in his or her favor at the time of executing the release, which if known
<br />by him or her must have materially affected his or her settlement with the debtor."
<br />SIXTH: 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, known or
<br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each
<br />releasing party at any time heretofore had or claimed to have or which each releasing party at
<br />any time hereafter may have or claim to have, incidental to the incident(s) which form the basis
<br />of the Action,
<br />SEVENTH: Each person signing below represents that he/she has reviewed all aspects
<br />of this Agreement, that the Agreement has been carefully read and fully explained to them and
<br />that they understand every provision of this Agreement, that they understand that in agreeing
<br />to this document they are releasing each party hereby from any and all claims they may have
<br />against each party released, that they voluntarily agree to all the terms set forth in this
<br />Agreement, that they knowingly and willingly intend to be legally bound by the same, that
<br />they were given the opportunity to consider the terms of this Agreement and had the
<br />opportunity to discuss this Agreement with legal counsel representing them in this matter, or
<br />any other legal counsel of their choosing. Each party hereby warrants that they have the authority
<br />to enter into this Agreement and bind the party for whose benefit they execute this Agreement.
<br />Plaintiff s Initial
<br />HTl : The Parties hereto represent and acknowledge that in executing this
<br />Agreement they do not rely and have not relied upon any representation or statement made by
<br />any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the
<br />subject matter, basis, or effect of this Agreement or otherwise, other than those specifically
<br />stated in this Agreement.
<br />NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs,
<br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to
<br />the benefit of said parties and each of them and to their heirs, administrators, representatives,
<br />executors, predecessors, successors, and assigns.
<br />TENTH: Should any provision of this Agreement be declared or be determined by any
<br />court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
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