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construed to be an admission of any liability or of the existence of any obligation of any kind <br /> whatsoever by any party to this Release. <br /> 13. Successors and Assigns. Plaintiff and Defendants understand and agree that the <br /> agreements,undertakings,acts and other things done or to be done by them in this Release shall run <br /> to and be binding upon their heirs,successors, executors, administrators and assigns. <br /> 14. Attorneys' Fees. Should either party retain counsel for the purpose of enforcing or <br /> preventing the breach of any provision hereof including,but not limited to,instituting any action or <br /> proceeding(1)to enforce any provision hereof,(2)for damages by reason of any alleged breach of <br /> any provision hereof, (3)for a declaration of such party's rights or obligations hereunder,or(4)for <br /> any other judicial remedy, then, if such matter is resolved by judicial determination, including <br /> arbitration,the prevailing party shall be entitled to be reimbursed for all costs and expenses incurred <br /> thereby including, but not limited to, reasonable attorneys' and accountant's fees. <br /> 15. Entire Agreement. All agreements, covenants, representations and warranties, <br /> express and implied,oral and written,of the parties to this Release concerning its subject matter are <br /> contained herein. No other agreements,covenants,representations or warranties,express or implied, <br /> oral or written,have been made by any party to any other party concerning the subject matter of this <br /> Release. All prior and contemporaneous conversations, negotiations, possible and alleged <br /> agreements,representations,covenants and warranties concerning the subject matter of this Release <br /> are merged herein. This is an integrated Release. <br /> 16. Independent Advice of Counsel. Plaintiff and Defendants represent and declare that, <br /> in executing this Release,they relied solely upon their own judgment,belief and knowledge,and the <br /> advice and recommendations of their own independently selected counsel concerning the nature, <br /> extent and duration of their rights and claims. Plaintiff and Defendants further represent and agree <br /> that they have not been influenced by any representations or statements concerning any matters <br /> made by any other parties or by any person or attorney representing any other parties. <br /> 17. No Construction Against Drafter. Plaintiff and Defendants acknowledge that this <br /> Release has been reviewed and has been approved as to its form and content. Plaintiff and <br /> Defendants agree that this Release is to be construed and interpreted without regard to the identity of <br /> the party drafting this Release. <br /> 18. Assignment of Claims. Plaintiff and Defendants represent and warrant that no portion <br /> of any claim,demand,cause or causes of action that they have or might have arising out of,related <br /> to or connected with any purported losses, or other purported damages alleged or referred to in the <br /> Complaint in the Civil Action,and all related claims,nor any portion of any recovery or settlement <br /> to which they might be entitled, has been assigned or transferred to any other person, firm or <br /> corporation including, without limitation, any parent, subsidiary or affiliate of any party, in any <br /> manner, including by way of subrogation or operation of law or otherwise. <br /> 19. Confidentiality of Terms. Plaintiff and Defendants and all agents thereof,and each of <br /> them, agree that the terms and conditions of this Release, and the rights and duties of the parties <br /> hereby extinguished or created, are confidential and shall not be disclosed to any person or any <br /> publication, including but not limited to any media sources, print or electronic, periodicals,jury <br /> 142855791.1 4 <br />