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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 her attorneys, who are the attorneys of their own choice, concerning the <br />legal and income tax consequences of this Settlement Agreement; that the terms of this <br />Settlement Agreement have been completely read and explained to Plaintiff by her attorneys; and <br />that the terms of this Settlement Agreement are fully understood and voluntarily accepted by <br />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 tinder 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 />A general release does not extend to the claims which the creditor <br />does not know or suspect to exist in his favor at the time of executing <br />the release, which if known by Trim must have materially affected his <br />settlement with the debtor. <br />Plaintiff is hereby advised that for her protection, California law requires the following to <br />appear on this forrn, pursuant to California Insurance Code section 1571.2: <br />41Page <br />