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with the debtor," <br />FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each and all <br />of its officers, agents, directors, supervisors, Neighbors, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or <br />unknown, suspected or unsuspected (hereinafter referred to as "elaim" or "claims") which each <br />releasing party at any time heretofore had or claimed to have or which each releasing party at any <br />time hereafter may have or claim to have, incidental to the incident(s) which form the basis of the <br />complaint. <br />SIXTH: Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand all the provisions of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />party hereby warrants that they have the authority to enter into this Agreement and bind the party <br />for whose benefit they execute this Agreement. <br />SEVENTH: The Parties hereto represent and acknowledge that in executing this <br />Agreement they do not rely and have not relied upon any representation or statement made by any <br />o fihe parties or by any of the parties' agents, attorneys, or representatives with regard to the subject <br />Matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this <br />Agreement. <br />EIGHTH: This Agreement shall be binding upon the parties hereto and upon their heirs, <br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure <br />to the benefit of said parties and each of them and to their heirs, administrators, representatives, <br />executors, predecessors, successors, and assigns. <br />NINTH: Should any provision of this Agreement be declared or be determined by any <br />court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and <br />enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said <br />illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this <br />Agreement. <br />TENTH: This Agreement sets forth the entire agreement between the parties hereto and <br />fully supersedes any and all prior agreements or understandings, written or oral, between the <br />parties hereto pertaining to the subject Matter hereof. <br />Page 3 of 5 <br />