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delivered to the Insurer or the Insurer's Assignee. The designation must be in a form acceptable <br />to the Insurer or the Insurer's Assignee before such payments are made. <br />2.5 Discharge of Liability. The obligation assumed by the Assignee to make each <br />Periodic Payment shall be fully discharged upon the mailing of a valid check or electronic funds <br />transfer in the amount of such payment on or before the due date to the last address on record for <br />the Payee or Beneficiary with the Annuity Issuer. If the Payee or Beneficiary notifies the <br />Assignee that any check or electronic funds transfer was not received, the Assignee shall direct <br />the Annuity Issuer to initiate a stop payment action and, upon confirmation that such check was <br />not previously negotiated or electronic funds transfer deposited, shall have the Annuity Issuer <br />process a replacement payment. <br />3.0 DELIVERY OF STIPULATION TO DISMISS <br />Concurrent with the execution of this Settlement Agreement, counsel for the Plaintiff <br />shall deliver to counsel for the Defendant an executed Stipulation to Dismiss. Plaintiff hereby <br />authorizes counsel for the Defendant to file said Stipulation with the Court and enter it as a <br />matter of record. <br />4.0 REPRESENTATION OF COMPREHENSION OF DOCUMENT <br />In entering into this Settlement Agreement, the Plaintiff represents that Plaintiff has <br />relied upon the advice of his attorneys, who are the attorneys of their own choice, concerning the <br />language of this Settlement Agreement and the legal and income tax consequences of this <br />Settlement Agreement; and that the terms of this Settlement Agreement are fully understood and <br />voluntarily accepted by Plaintiff. <br />5.0 WARRANTY OF CAPACITY TO EXECUTE AGREEMENT <br />Plaintiff represents and warrants that no other person or entity has, or has had, any <br />interest in the claims demands, obligations, or causes of action referred to in this Settlement <br />Agreement, except as otherwise set forth herein; that Plaintiff has the sole right and exclusive <br />authority to execute this Settlement Agreement and receive the sums specified in it; and that <br />Plaintiff has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, <br />demands, obligations or causes of action referred to in this Settlement Agreement. <br />6.0 GOVERNING LAW <br />This Settlement Agreement shall be construed and interpreted in accordance with the <br />laws of the State of California. In executing this release Plaintiff does hereby waive all rights <br />and benefits, which she has or in the future may have under and by virtue of the terms of section <br />1542 of the Civil Code of the State of California, which section reads as follows: <br />M <br />41' <br />