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FRANCO, JESUS CASILLAS
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FRANCO, JESUS CASILLAS
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Last modified
1/23/2019 9:21:17 AM
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1/23/2019 9:14:41 AM
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Contracts
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N-2019-019
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advice from attorneys of such Party's choice with respect to the advisability of executing this <br />Agreement and the releases provided for herein, and prior to the execution of this Agreement by <br />each Party, that Party's attorney, if any, reviewed this Agreement and discussed the Agreement <br />with such Parry, and the Party has made all desired changes. <br />(c) Except as expressly stated in this Agreement, each Party represents and warrants <br />that it has not made any statement or representation to any other Party regarding any 'facts relied <br />upon by said other Party in entering into this Agreement, and each Party specifically sloes not rely <br />upon any statement, representation, or promise of any other Party in executing this Agreement or <br />in making the settlement provided for herein, except as expressly stated in this Agreement. <br />(d) Each Party and its attomey(s), if any, has had a full and fair opportunity to <br />investigate and evaluate the transactions, documents, facts, circumstances, and disputes out of <br />which this Agreement arises prior to entering into this Agreement, and each Party hereto and <br />their respective attorney(s), if any, have made such investigation of the facts pertaining to this <br />Agreement, and all of the matters appertaining thereto, as they deem necessary. <br />(e) The terms of this Agreement are contractual and not a mere recital. <br />(f) By signing this Agreement, each Party represents and warrants that such Party has <br />carefully read this Agreement, that the contents hereof are known and understood by such Patty, <br />and that this Agreement is signed freely by such Party. <br />(g) Each Party executing this Agreement in a representative capacity represents and <br />warrants that it is empowered to do so. <br />7. Enforcement of Settlement. The Parties agree this Agreement is entered into <br />Pursuant to California Code of Civil Procedure Section 664.6, and the Orange County Superior <br />Court will have jurisdiction over the patties to enforce this Agreement and the terms of this <br />Agreement until performance in frill of the terms of the Agreement. <br />8. Attorney's Fees. Should any Party hereto institute any legal action or proceeding <br />to enforce any provision of this Agreement or for damages by reason of any alleged breach of any <br />provision of this Agreement, the prevailing Patty shall be entitled to receive from the losing Party <br />all of its costs and expenses, including, without limitation, reasonable attorney's fees, court costs, <br />and disbursements actually and reasonably incurred in connection with said proceeding. Such. <br />fees shall be in addition to any penalties authorized by this Agreement. <br />9. No Admission. This Agreement is executed pursuant to a compromise and <br />settlement entered into by each of the Parties hereto without any admission of liability to each <br />other, but solely for the purpose of avoiding costly litigation on disputed claims and avoiding <br />further uncertainty, controversy, and legal expense. Without limiting the foregoing, neither the <br />settlement of the dispute nor any consideration provided by any Party, nor anything contained in <br />this Agreement, shall be taken or construed to be an inference or admission by any of the Parties <br />or as evidencing or indicating in any degree the truth or correctness of any claims or defenses <br />Page 4 of 7 <br />
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