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sheets,(with or without case identification)nor with any other entity whatsoever without the prior written consent of the Releasees. The only exceptions to this agreement regarding total confidentiality are(1)plaintiff is allowed to advise any financial planner and or accountant regarding the settlement proceeds; (2) defendants may disclose the information regarding the settlement to those institutionally associated with defendants who reasonably need to know such information as part of normal business operations;and(3)defendants may disclose the information to MediCare or MediCal or any other governmental agency that so requires. Violation of these terms will be subject to all possible methods of litigation and is a material breach of this Release. The Parties agree that these confidentiality provisions are material provisions of this Agreement, and that any breach of them shall be a material breach of this Agreement,which would cause irreparable harm and damages which would be inherently uncertain or difficult to calculate, and thus necessitate the award of liquidated damages in the amount of$2,500. The parties stipulate that the agreed upon sum is not a penalty,but rather a reasonable measure of damages,based on the parties'experience and given the nature of the losses that may result from a breach of confidentiality. It is also hereby stipulated that the sum of$1,000.00 out of the total settlement funds was in consideration for the above confidentiality provision. 20. MediCare. This settlement is based upon a good faith determination of the parties to resolve a disputed claim. The parties have not shifted responsibility of medical treatment to Medicare in contravention of 42 U.S.C. Sec. 1395y(b). The parties resolved this matter in compliance with both state and federal law. The parties made every effort to adequately protect Medicare's interest and incorporate such into the settlement terms. Plaintiff represents he is not a Medicare beneficiary.The details of this settlement—including the identities of plaintiff,certain personal information about plaintiff,the amount of the settlement, the date of the settlement,and the injuries alleged—may be reported to the Centers for Medicare& Medicaid Services (CMS), as well as certain agent(s) necessary to facilitate reporting to CMS, pursuant to the responsible reporting entity's duty to comply with Section 111 of the Medicare, Medicaid& SCHIP Extension Act of 2007 (Section 111). Plaintiff acknowledges his duty to cooperate with Defendants in order to allow the Responsible Reporting Entity to fulfill the obligation to comply with Section 111. Plaintiff agrees to provide Defendants with any and all information necessary for Defendants to comply with Section 111 of the MMSEA. Plaintiff further agrees to waive any and all future actions against Defendants,including but not limited to any private cause of action for damages pursuant to 42 U.S.C.Section 1395y(b)(3)(A) et seq. 21. Authority to Sign.Each of the Parties to this Agreement covenants,agrees,represents and warrants that the persons executing this Agreement are authorized and empowered to enter into and execute this Agreement for and on behalf of the person or entity they represent. This Agreement is binding upon and shall inure to the benefit of the Parties' heirs, successors, and assigns. 22. Severability. If any paragraph or subparagraph of this Agreement is found to be unenforceable,the other paragraphs and subparagraphs shall remain fully valid and enforceable. 142855791.1 5 '..