COSA V. PHOENIX GROUP INFORMATION SYSTEMS

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(c) Except as expressly stated in this Agreement, each Party represents and warrants that it has not made any statement or representation to any other Party regarding any facts relied upon by said other Party in entering into this Agreement, and each Party specifically does not rely upon any statement, representation, or promise of any other Party in executing this Agreement or in making the settlement provided for herein, except as expressly stated in this Agreement. (d) Each Party has had a full and fair opportunity to investigate and evaluate the transactions, documents, facts, circumstances, and disputes out of which this Agreement arises prior to entering into this Agreement, and each Party hereto have made such investigation of the facts pertaining to this Agreement, and all of the matters appertaining thereto, as they deem necessary. (e) The terms of this Agreement are contractual and not a mere recital. (f) Ey signing this Agreement, each Party represents and warrants that such Party has carefully read this Agreement, that the contents hereof are known and understood by such Party, and that this Agreement is signed freely by such Party. (g) Each Party executing this Agreement in a representative capacity represents and warrants that it is empowered to do so. 19. Construction. The language of each and all paragraphs, terms and/or provisions of this Agreement shall for all purposes be construed according to its fair meaning and not strictly for or against any party hereto and without regard to which party drafted or made changes to all or any portion of this Agreement. 20, No Assi mnent of Claims: Each party represents and warrants that he, it or she has not assigned, hypothecated, or otherwise transferred any interest in or to any claim he, it or she is releasing herein and agrees to indemnify, defend and hold harmless all parties from any liability, claims, demands, damages, costs, expenses, and attorneys' fees incurred by such parties as a result of the assertion of any claim released hereto by a person asserting to be an assignee or transferee of such claim. 21. Costs and Pees Relating to the Lawsuit, The Parties hereby acknowledge and agree that all attorneys' fees and costs incurred on account of, or in any way related to or arising from, the Lawsuit, shall be borne solely and completely by the Party on whose behalf such attorneys' fees and costs were incurred, and the Parties other than the Party whose behalf such attorneys' fees and costs were incurred shall not in any way be liable or responsible thereof.