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A general release does not extend to claims which the creditor <br />does not know or suspect to exist in his or her favor at the time <br />of executing the release, which if known by him or her must <br />have materially affected his or her settlement with the debtor. <br />Notwithstanding these provisions of Section 1542, Plaintiff and Defendants <br />expressly acknowledge that this Agreement is intended to include in its effect, <br />without limitation, all Claims as described in Paragraph 22, arising out of, based on, <br />or related to the facts alleged (or facts that could have been alleged) in the <br />Complaint in the CVRA Lawsuit, which they do not know or suspect to exist in their <br />favor at the time of execution hereof and that the settlement reflected in this <br />Agreement contemplates the extinguishment of all such Claims, except for rights to <br />enforce this Agreement and the reserved right to seek related attorney's fees and <br />costs referenced in Paragraph 14, above. <br />24. Non -admission of Liability. <br />This Agreement is not intended to be, and shall not be construed as an <br />admission by any Party of any violation of any statute or law or constitution, or any <br />other improper or wrongful conduct. Nothing in this provision is intended to or <br />shall be interpreted to affect the filing or entry of the Stipulated judgment if the <br />conditions for its filing have otherwise been met. <br />25. Interpretation. <br />The interpretation of this Agreement shall be governed by the laws of the <br />State of California and any applicable laws of the United States. This Agreement shall <br />be construed as though jointly prepared by the Parties and any uncertainty or <br />ambiguity shall not be construed against any one Party. <br />26. Admissibility of this Agreement and Retention of Jurisdiction. <br />This Agreement constitutes a compromise of disputed claims and shall not be <br />treated as an admission of liability, or the appropriateness of any remedy had <br />liability been adjudicated, by any of the Parties at any time or for any reason. This <br />Agreement shall not be admissible in any legal or administrative proceeding, <br />including proceedings between either or both Defendants and the Plaintiff or <br />proceedings involving either or both Defendants and any other Party. <br />Notwithstanding the generality of the foregoing, the Parties agree that once it is <br />signed by the Parties, this Agreement shall be fully binding and admissible in any <br />judicial or administrative proceeding: (a) to enforce the terms of this Agreement <br />pursuant to California Code of Civil Procedure § 664.6 or otherwise; (b) for breach <br />of this Agreement's provisions; (c) and to prove the fact and terms of settlement. It <br />is further agreed that the Court shall retain jurisdiction to enforce the terms of this <br />Settlement Agreement pursuant to California Code of Civil Procedure § 664.6. <br />12 <br />