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11.10. Such Party acknowledges it has carefully read and fully understands all of the <br />provisions of this Agreement and that Such Party is entering into this Agreement <br />voluntarily. <br />11.11. Such Party acknowledges that it is within the contemplation of each of the Parties <br />to this Agreement that each of them may have claims for relief or causes of action <br />for malicious prosecution or abuse of process in connection with the filing of <br />claims for relief, causes of action, counterclaims, or cross-complaints in the <br />Litigation and matters undertaken in connection therewith; and that it is the <br />intention of the Parties to this Agreement to release any such claims, to deny that <br />any malicious prosecution of actions or abuse of process has occurred, and to <br />represent and agree that the filing of all claims for relief, causes of action, <br />counterclaims, or cross-complaints in the foregoing Litigation were done pursuant <br />to the advice of legal counsel and upon probable cause. <br />12. General Provisions. <br />12.1. Governing Law. This Agreement shall be governed by and interpreted and <br />construed in accordance with the laws of the State of California. <br />12.2. Construction. This Agreement shall in all cases be construed according to its fair <br />and plain meaning, and not strictly for or against any of the Parties. As used in <br />this Agreement, the masculine or neuter gender and single or plural numbers shall <br />be deemed to include the others wherever the context so indicates or requires. <br />12.3. Entire Agreement. This Agreement constitutes the entire agreement and <br />understanding of the Parties hereto with respect to the subject matter contained <br />herein. All prior agreements or understandings, oral or written, are merged into <br />this Agreement and are of no further force or effect. <br />12.4. Severability. If any term, provision, condition or covenant of this Agreement or <br />its application to any party or circumstances shall be held, to any extent, invalid or <br />unenforceable, the remainder of this Agreement, or the application of the term, <br />provision, condition or covenant to persons or circumstances other than those as <br />to whom or which it is held invalid or unenforceable, shall not be affected, and <br />shall be valid and enforceable to the fullest extent permitted by law. <br />12.5. Computation of Time. The time in which any act is to be done under this <br />Agreement is computed by excluding the first day, and including the last day, <br />unless the last day is a holiday or Saturday or Sunday, and then that day is also <br />excluded. The term "holiday" shall mean all holidays as specified in <br />Section 6700 and 6701 of the California Government Code. If any act is to be <br />done by a particular time during a day, that time shall be Pacific Time Zone time. <br />12.6. Counterparts. This Agreement may be executed in counterparts and by facsimile <br />or electronic signatures, and when joined together, all counterparts shall constitute <br />one agreement, which shall be binding on all of the Parties, even though all <br />signatures may not be on one original or the same counterpart. <br />16