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Fifth: The parties hereto hereby agree that all rights under Section 1542 of the Civil
<br />Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows:
<br />"A general release floes not extend to claims which the creditor does not
<br />know or sraspect to exist in his or her favor at the time of executing the
<br />release, which if known by him or her must have materially affected his or
<br />her settlement with the debtor."
<br />Sixth: Notwithstanding the provisions of Civil Code section 1542, each party hereby
<br />irrevocably and unconditionally releases and forever discharges each other party and each and all
<br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and
<br />assigns and all persons acting by, through, under, or in concert with each other party from any
<br />and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or
<br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each
<br />releasing party at any time has or claims to have had, or heretofore had or claimed to have had,
<br />which forms the basis of this Action, except the executory provisions of this Agreement.
<br />Seventh: Each party signing below represents that he/she/it has investigated the facts
<br />and legal issues in this case, has obtained the advice of counsel, and reviewed all aspects of this
<br />Agreement, that the Agreement has been carefully read and fully explained to them and that they
<br />understand all the provisions of this Agreement, that they understand that in agreeing to this
<br />document they are releasing each party hereby from any and all claims which form the basis of
<br />this Action and which they may have against each party released, that they voluntarily agree to
<br />all the terms set forth in this Agreement, that they knowingly and willingly intend to be legally
<br />bound by the same, that they are satisfied they have sufficient knowledge to enter into this
<br />Agreement, that they were given the opportunity to consider the terms of this Agreement and
<br />discussed them with legal counsel. Each party hereby warrants that they have the authority to
<br />enter into this Agreement and bind the party for whose benefit they execute this Agreement.
<br />Eighth: The Parties hereto represent and acknowledge that in executing this Agreement
<br />they do not rely and have not relied upon any representation or statement made by any of the
<br />parties or by any of the parties' agents, attorneys, or representatives with regard to the subject
<br />matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this
<br />Agreement.
<br />Ninth: This Agreement shall be binding upon the parties hereto and upon their heirs,
<br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure
<br />to the benefit of said parties and each of them and to their heirs, administrators, representatives,
<br />executors, predecessors, successors, and assigns.
<br />Tenth: Should any provision of this Agreement be declared or be determined by any
<br />court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
<br />enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said
<br />illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
<br />Agreement.
<br />Eleventh: This Agreement sets forth the entire agreement between the parties hereto and
<br />fully supersedes any and all prior agreements or understandings, written or oral, between the
<br />parties hereto pertaining to the subject matter hereof.
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