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The PARTIES acknowledge that he, she or it, as applicable, may have sustained damages, <br />losses, fees, costs or expenses that are presently unknown and unsuspected, and that such damages, <br />losses, fees, costs or expenses might give rise to claims in the future. Nevertheless, the PARTIES <br />acknowledge that this AGREEMENT has been negotiated and agreed upon in light of such possible <br />damages, losses, fees, costs or expenses and acknowledges and waives such claims. . <br />6. Release Effective Upon Subsequent Discovery of Existing Facts: The PARTIES <br />acknowledge and agree that even if they later discover facts in addition to, or different from, those <br />which either they now know or believe to be true with respect to the subject matter of this <br />AGREEMENT, that it is their intention to fully settle and release and forever discharge all of the <br />claims that are released and discharged by this AGREEMENT. The releases herein shall be, and <br />shall remain in effect, as full and completed releases, notwithstanding the discovery or existence <br />of additional or different facts. The PARTIES accept and assume the risk that such facts may be <br />in addition to or different from the facts now known or believed to be true and agrees that the <br />releases herein shall remain in all respects effective and shall not be subject to termination or <br />rescission by reason of any such additional or difference in fact. <br />7. Severability: If any term of this AGREEMENT is determined by any court to be <br />unenforceable, the other terms of this AGREEMENT shall nonetheless remain in full force and <br />effect. <br />8. Non-Assignment: Each PARTY hereby represents and warrants that they or it, as <br />applicable, has not heretofore assigned or transferred, or purported to assign or transfer, to any <br />person or entity any of the claims, demands, grievances, liabilities, debts, accounts, obligations, <br />costs, expenses, liens, actions or causes of action released by this AGREEMENT. <br />Page 4 of 8 <br />4376691.1 - N1476.1 <br />