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Agreement. Plaintiff expressly agrees to assume the risk of the possible discovery of additional or
<br /> different facts, including facts which may have been concealed or hidden and agrees that this
<br /> Agreement shall remain effective in all respects regardless of such additional or different facts. If
<br /> any subsequent facts are discovered, Plaintiff shall not be entitled to any relief in connection
<br /> therewith, including,without limitation, any alleged right to set aside or rescind this Agreement.
<br /> 20. Full Defense. This Agreement may be pleaded as a full and complete defense and
<br /> may be used as a basis for an injunction against, or stay and dismissal of, any action, suit or other
<br /> proceeding which may be instituted,prosecuted or attempted by Plaintiff.
<br /> 21. No Duress. Each Party hereto acknowledges that such Party understands this
<br /> Agreement and has entered into it of such Party's own free will and not under duress of any kind.
<br /> 22. No Assignments. The Parties releasing claims herein each warrant that they have
<br /> made no assignment and will make no assignment of any claim, cause of action or right of any kind
<br /> whatsoever released by this Agreement, that no other person or entity of any kind has, or has had,
<br /> any interest in any of the claims, demands, obligations, actions or causes of action, debts, liabilities,
<br /> rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims released herein and that
<br /> no complaint or claim has been filed with any court, administrative agency or regulatory body.
<br /> Plaintiff represents and warrants that Plaintiff has the sole right and exclusive authority to execute
<br /> this Agreement and receive the sums specified herein.
<br /> 23. Authorized Signatory. Each of the undersigned represents and warrants, by
<br /> executing this Agreement, that such Party is authorized to enter into this Agreement and agrees to be
<br /> bound by all the terms and conditions of this Agreement.
<br /> 24. Agreement Deemed Prepared !a Each Party. Each Party to this Agreement, by
<br /> the execution of this Agreement, acknowledges that this Agreement shall be deemed to be prepared
<br /> by each and every Party hereto.
<br /> 25. Modified Only by Writing. This Agreement may only be modified or changed by a
<br /> writing signed by each and every Party hereto.
<br /> 26. Construed Under California Law. This Agreement shall be construed and
<br /> interpreted according to the laws of the State of California.
<br /> 27. Venue. The Parties to this Agreement hereby agree that the proper venue for any
<br /> lawsuit or other proceeding arising out of the terms of this Agreement or any Party's rights under
<br /> this Agreement shall be Orange County, California.
<br /> 28. Effect of Separate Provisions. If any provision of this Agreement is held by a court
<br /> of competent jurisdiction to be invalid, void, or unenforceable,the remaining provisions shall remain
<br /> in full force and effect, and shall, in no way, be affected, impaired or invalidated.
<br /> 29. Multiple Copies. This Agreement may be executed in multiple copies, each of
<br /> which shall be deemed to be an original.
<br /> 30. Complete and Final Agreement. This Agreement contains the complete and final
<br /> agreement between the Parties, and shall be binding upon and shall inure to the benefit of each
<br /> Party's heirs, successors, legal representatives, parent, subsidiary and affiliated corporations, and
<br /> their predecessors, successors and assigns. The terms, conditions and agreements contained in this
<br /> Agreement constitute the entire agreement between the Parties hereto, and except as expressly stated
<br /> herein, there are no other agreements, whether oral or written, between the Parties. No oral
<br /> representations or agreements shall be considered as part of this Agreement, and this Agreement
<br /> supersedes all prior and contemporaneous oral and written agreements and discussions.
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