COSA V. PHOENIX GROUP INFORMATION SYSTEMS

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WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE RELEASED CLAIMS. 13. Entire A rr cnt/Modifiication/Waiver. This Agreement contains the entire agreement of the Parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. This Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon the prior written consent of the Parties hereto. 14, Necessary Acts, Each of the Parties hereto shall, at the request of any other party, do all acts and execute all documents necessary to effectuate the terms and provisions of this Agreement. 1.5. independent; Evaluation. Each of the Parties hereto represents that it has had the opportunity to be represented or assisted throughout this matter by any attorney and/or advisor of their choosing and has made an independent evaluation of this Agreement, and enters into this Agreement based solely upon the advice of its selected advisors and/or their own independent evaluation and not as the result of any promise, representation or statement of any other party hereto that is not expressly set forth in this agreement. Each of the Parties hereto further represents that it has read this Agreement and understands the terms used herein and the consequences thereof. 16. No Admission of Liability: Neither the payment of any sum of money nor the execution or performance of this Agreement shall constitute or be construed as an admission of any liability whatsoever by any party hereto. 17. No Waiver by Implication: cation: No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding, unless executed in writing by the party malting the waiver. 18. Representative Cayrrt lir Ttv. Each person who signs this Agreement in a representative capacity expressly warrants his or her authority to do so. Each Party further represents and warrants, as to itself, but not as to any other Party, as follows: (a) Each Party is the sole and lawful owner of all right, title, and interest in and to every Claim and other matter that each such Party releases herein, and that each such Party has not heretofore assigned or transferred, or purported to assign or transfer, to any person, firm, or entity any Claims or other matters herein released. (b) Each Party has received or has had the opportunity to receive independent legal advice from attorneys of such Party's choice with respect to the advisability of executing this Agreement and the releases provided for herein, and prior to the execution of this Agreement by each Party, that Party's attorney, if any, reviewed this Agreement and discussed the Agreement with such Party, and the Party has made all desired changes,