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N-2018-221 <br />2. Plaintiffs' Dismissal of tete Litigation.Plaintiffs agree to dismiss the Litigation <br />with prejudice either via oral motion to the Court or, if the Court prefers, via execution of a Joint <br />Motion to Dismiss requesting the Court approve the dismissal of the Litigation pursuant to the <br />terms of this Release. <br />3. Oalifarnia Civil Code Section 1542 Waived With respect to Paragraph I above, the <br />Parties expressly waive the application of and rights under section 1542 of the California Civil <br />Code. This statute reads as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES <br />NOT KNOW OF OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY <br />AFFECTED HTS/HER SETTLEMENT WITH THE DEBTOR." <br />The Parties acknowledge that its representatives have read all of this Release, including the <br />above Civil Code, and that the rights and liabilities being waived are fully understood. <br />4. Costs and Attorneys' Fees. The Parties agree to bear their own costs and <br />attorneys' fees incurred to date in the course of this Litigation. <br />5. Entire Agreemexn. This Release constitutes the entire understanding and <br />agreement between the Parties with respect to the settlement and release of claims in the <br />Litigation, and supersedes any and all prior or contemporaneous oral or written representations, <br />understandings, agreements or communications between the Parties concerning the subject <br />matter hereof. The Parties agree that they are not relying upon any warranties, representations, <br />assurances, or inducements not expressly set forth herein. <br />6. Amendments. No amendments or other modifications to this Release may be <br />made except by a writing signed by the Parties. <br />7. Severability. In the event that any provision of this Release should be found by a <br />court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, <br />legality and enforceability of the remaining provisions contained shall not, in any way, be <br />affected or impaired thereby. <br />8. Counterparts. This Release may be executed in counterparts, each of which shall <br />be deemed an original and all of which shall constitute a single document. <br />IN WITNESS WHEREOF, each of the Parties causes this Release to be signed and delivered by <br />its duly authorized representative. <br />ldf <br />DATED: October, 2018 By: <br />AUGUSTINE RUIZ <br />