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forth herein as entered into by the parties hereto are for the purpose of avoiding the time and expense of continued litigation. Liability and responsibility are expressly denied. C. No Prior Assignments: The Agreeing Parties represents and warrants that she/he/it/they is/are the sole owner of the claims released and that such claims have not been expressly or impliedly assigned, transferred, and/or subrogated to any other person or entity. D. Adequate Inquiry: Each Party to the Agreement represents and warrants that prior to executing the Agreement, he/she/it/they has/have made such inquiries, consulted such persons, and reviewed such documents as it deemed appropriate to enter into this Agreement and to consummate the transactions contemplated herein. Each Party to the Agreement further represents and warrants that she/he/it/they have had adequate time, as provided under the law, to consider this agreement. E. Consultation With Counsel: Each Party acknowledges that he/it has been represented by counsel and has received independent legal advice regarding the negotiation and execution of the Agreement. Each Party agrees that any rule of interpretation or construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation, construction or enforcement of the Agreement. F. Interpretation: The interpretation, construction, and performance of this Agreement, and the rights and remedies of the Parties hereunder, shall be governed by the provisions of the laws of the State of California, without regard to principles of conflicts of laws. G. No Admission of Liability: Nothing in the Agreement or any negotiations or proceedings in connection therewith shall constitute or be deemed or claimed to be evidence of an admission of any liability by any Party, or of the merit or lack of merit of any claim or defense of any Party. All communications (whether oral or in writing) between and/or among the Parties, their counsel and/or their respective representatives relating to, concerning or in connection with this Agreement, or the matters covered herein, shall be governed and protected in accordance with Rule of Evidence regarding settlement discussions/negotiations to the fullest extent permitted by law. H. Prevailing Party Fees: Each of the Parties shall bear their own costs associated with the negotiation, implementation and enforcement of this Agreement, provided, however, that in the event that the any party hereto brings an action to enforce this Agreement, then the prevailing Party in any such enforcement action shall be entitled to seek reasonable attorney's fees and related costs; provided further, however, that if a party brings an enforcement action, it shall not be entitled to prevailing party attorney's fees unless it gave the other party 30 -days prior written notice of its intent to bring the action and an opportunity to cure during that 30 -day notice period before bringing the action. 5