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11.4. Such Party or responsible director, officer, member, manager, partner, trustee or <br />attorney thereof has read this Agreement and understands the contents hereof. <br />Each director, officer, member, manager, partner, trustee or attorney executing <br />this Agreement on behalf of Such Party is empowered to do so and thereby to <br />bind Such Party. <br />11.5. Except as otherwise expressly represented, warranted or provided in this <br />Agreement, Such Party assumes the risks that (i) it may hereafter discover facts in <br />addition to or contrary to those it believed to exist or relied upon in entering into <br />this Agreement, including, without limitation, unknown or unanticipated claims <br />which, if known by Such Party on the Effective Date may have materially <br />affected Such Party's decision to execute this Agreement, (ii) it may have <br />mistakenly understood matters relevant to entering into this Agreement and <br />(iii) another Party may have negligently misrepresented or negligently failed to <br />disclose facts in connection with the entering into of this Agreement. <br />Notwithstanding any such unknown or unanticipated claims, misunderstandings, <br />mistakes, negligent misrepresentations or negligent nondisclosures, Such Party <br />intends that this Agreement thereafter shall continue in full force and effect and <br />shall not be subject to rejection or rescission for any reason, provided that such <br />Party reserves all rights provided for in this Agreement. <br />11.6. Such Party has not heretofore assigned, transferred, or granted, or purported to <br />assign, transfer, or grant to any person or entity, any of Such Party's Released <br />Claims or any portion thereof. <br />11.7. Each term of this Agreement (other than Recitals A through J, above) is <br />contractual and not merely a recital. Each of Recitals A through J, above, is true <br />and correct. <br />11.8. Such Party is aware that it may hereafter discover claims or facts in addition to or <br />different from those it now knows or believes to be true with respect to the <br />matters related herein. Nevertheless, it is the intention of Such Party to assume <br />the risk that claims or facts now known or thought to be true may later be found to <br />be different and to fully, finally and forever settle and release all of Such Party's <br />Released Claims. In furtherance of such intention, the releases given herein shall <br />be and remain in effect as full and complete mutual releases of all such matters, <br />notwithstanding the discovery or existence of any additional or different claims or <br />facts relative thereto, and that this settlement shall not be subject to termination, <br />rescission or modification by reason of any such change in claims or facts or <br />knowledge of claims or facts. <br />11.9. Such Party shall execute all such further and additional documents as shall be <br />reasonable, convenient, necessary or desirable to carry out the provisions of this <br />Agreement. <br />15