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FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereto
<br />hereby irrevocably and unconditionally releases and forever discharges each other party and each
<br />and all of its officers, agents, directors, supervisors, employees, agents, representatives, and its
<br />successors and assigns and all persons acting by, through, under, or in concert with each other
<br />party from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever,
<br />known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims")
<br />which each releasing party at any time heretofore had or claimed to have or which each releasing
<br />party at any time hereafter may have or claim to have, incidental to the incident(s) which forms
<br />the basis of the Action.
<br />SIXTH: Each person signing below represents that he/she has reviewed all aspects of this
<br />Agreement, that the Agreement has been carefully read and fully explained to them and that they
<br />understand every provision of this Agreement, that they understand that in agreeing to this
<br />document they are releasing each party hereby from any and all claims they may have against each
<br />party released, that they voluntarily agree to all the terns set forth in this Agreement, that they
<br />knowingly and willingly intend to be legally bound by the same, that they were given the
<br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each
<br />party Hereby warrants that they have the authority to enter into this Agreement and bind the party
<br />for whose benefit they execute this Agreement.
<br />SEVENTH: The Parties hereto represent and acknowledge that in executing this
<br />Agreement they do not rely and have not relied upon any representation or statement made by any
<br />of the 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 />EIGHTH: 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 />NINTH: 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 />TENTH: 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.
<br />ELEVENTH: This Agreement shall be interpreted in accordance with the plain meaning
<br />of its terms and not strictly for or against any of the parties hereto.
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