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of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. The Parties acknowledge that they may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained may give rise to additional damage, loss, costs or expenses in the future. The Parties hereby acknowledge that this Agreement has been negotiated and agreed upon, and hereby expressly waive any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principle of similar effect. 9. Representations and Warranties. Each of the Parties hereto represent and warrant that it/he /she is not aware of any other party having any interest in any claim or claims which are the subject of this Agreement; nor has it/he /she assigned, hypothecated or otherwise transferred any interest in any claim or claims which are the subject of this Agreement. 10. No Admission of Liability. This Agreement is a compromise of any disputed claims between the Parties hereto and is not be construed as an admission of liability by any Party for any purpose. 11. Integration. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the Parties; there are no warranties, representations or other agreements between the Parties except as expressly set forth herein. No amendment hereto is binding unless set forth in a writing stating that it is intended to amend this agreement, executed by the party to be bound thereby. No waiver of any of the provisions of this Agreement will constitute a waiver of any of the other provisions hereof, whether or not similar, nor will such waiver constitute a continuing waiver. 12. Counterparts. This Agreement may be executed in counterparts and, as so executed, will constitute one agreement binding on all Parties. Executed copies sent by facsimile or email will have the same force and effect as original signatures. 13. Severability. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void or voidable, the remaining provisions of this Agreement will remain in full force and effect. 14. Each Party to Bear Own Costs and Fees. Except as may be otherwise provided herein, each party shall bear its own costs and attorney's fees associated with the actions being settled hereby. If any action is brought by any Party to enforce the terms of this Agreement, each Party shall bear its own costs and attorney's fees. 15. Cooperation. The Parties agree to do all things necessary and to execute all further documents necessary and appropriate to carry out and effectuate the terms and purposes of this Agreement. 16. Binding on Successors. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties to the Agreement. OTAD \53329 \1019225.4 3