Laserfiche WebLink
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE <br />TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE <br />MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. <br />The parties acknowledge that they may hereafter discover facts different from, or in <br />addition to, those which they now believe to be true with respect to the release of claims and <br />agree that this Agreement shall remain effective in all respects, notwithstanding such different or <br />additional facts, or the discovery thereof. <br />4. The parties represent that they have consulted legal counsel prior to the execution <br />of this Agreement and have executed this Agreement with full knowledge of its meaning and <br />effect. <br />5. The parties agree that the terms, conditions and provisions of this Agreement are <br />binding upon, and shall inure to the benefit of, all assigns and successors -in- interest of each of <br />the parties hereto. <br />6. The parties agree to perform any acts and execute any documents consistent with <br />the terms and conditions of this Agreement which may be needed, desired or required to <br />effectuate the terms, conditions and provisions hereof. <br />Each of the parties agree to pay their own costs and expenses, including attorneys' <br />fees. <br />8. Except as otherwise provided for herein, this Agreement constitutes the entire and <br />only agreement between the parties with reference to the subject matter hereof and supersedes <br />any prior agreement, oral or written, with respect thereto. The parties further agree that no <br />representation, warranty, agreement or covenant has been made with regard to this Agreement, <br />except as expressly recited herein and that in entering into this Agreement, no party is relying <br />upon any representation, warranty, agreement or covenant not expressly set forth herein. <br />9. Each party agrees that this settlement is made in compromise of disputed claims, <br />and that by entering into and performing the obligations of this Agreement, no party concedes or <br />admits the truth of any claim or any fact alleged, and the execution and performance of this <br />Agreement shall not be construed as an admission by any party. <br />10. This Agreement shall be construed, enforced and governed by the laws of the <br />State of California, and shall constitute a binding settlement by the parties which may be <br />enforced under the provisions of the California Code of Civil Procedure. <br />11. The parties agree that this Agreement shall not be construed in favor of, or <br />against, any party by reason of the extent to which any party or his counsel participated in the <br />drafting of this Agreement. <br />2 <br />