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assignments, contracts, covenants, actions, suits, causes of action, obligations, costs, expenses, <br />attorneys' fees, damages, losses, claims, controversies, judgments, orders, and liabilities of <br />whatsoever character, nature and kind, known or unknown, suspected or unsuspected, and <br />whether or not concealed or hidden, herein above specified to be so barred. Plaintiff hereby <br />acknowledges and expressly waives the provisions of California Civil Code Section 1542, which <br />provides as follows: <br />"A general release does not extend to claims which the creditor does not know or <br />suspect to exist in his or her favor at the time of executing the release, which if <br />known by him or her must have materially affected his or her settlement with the <br />debtor." <br />The Parties acknowledge that the foregoing wavier of the provisions of Section 1542 of <br />the California Civil Code, and any other comparable statutes or laws which may exist under the <br />laws of the State of California or any other state or territory, was separately bargained for and is <br />an essential and material term of this Agreement. The Parties agree that this Agreement shall be <br />given full force and effect in accordance with each and all of its express terms and provisions, <br />relating to unknown and unsuspected claims, demands, and causes of action, if any, to the same <br />effect that those terms and provisions relating to any other claims, demands, and causes of action <br />herein above specified. <br />2.5 Fees and Costs. The Parties agree to bear their own attorneys' fees and costs <br />incurred in the Action and waive and release each other from any and all claims to recover costs <br />of litigation including, but not limited to, court costs, expert costs, mediation fees and attorneys' <br />fees incurred as a result of or in connection with the Released Claims. <br />Page 3 of 6 <br />