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agency or court and that They will not do so at any time hereafter as it relates to this Action and <br />that if any agency or court assumes jurisdiction of any complaint, claim, or action against <br />Defendants on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss <br />the matter with prejudice. <br />FIT : The parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code of the State of California are hereby waived. Civil Code Section 1542 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 known <br />by him or her must have materially affected his or her settlement with the debtor." <br />SIXTH: 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 <br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors <br />and assigns and all persons acting by, through, under, or in concert with each other party from <br />any and all charges, complaints, claims, and liabilities ofanykind or nature whatsoever, known or <br />unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each <br />releasing party at any time heretofore had or claimed to have or which each releasing party at <br />any time hereafter may have or claim to have, incidental to the incident(s) which form the basis <br />of the Action. <br />SEVENTH: Each person signing below represents that he/she has reviewed all aspects <br />of this Agreement, that the .Agreement has been carefully read and fully explained to them and <br />that they understand every provision of this Agreement, that they understand that in agreeing <br />to this document they are releasing each party hereby from any and all claims they may have <br />against each party released, that they voluntarily agree to all the terms set forth in this <br />Agreement, that they knowingly and willingly intend to be legally bound by the same, that <br />they were given the opportunity to consider the terms of this Agreement and had the <br />opportunity to discuss this Agreement with legal counsel representing them in this matter, or <br />any other legal counsel of their choosing. Each party hereby warrants that they have the authority <br />to enter into this Agreement and bind the party for who rt th y execute this Agreement. <br />` laintiff a Initial <br />,I GHTA: 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 <br />any of the parties or by any of the parties' agents, attorneys, or representatives with regard to the <br />subject matter, basis, or effect of this Agreement or otherwise, other than those specifically <br />stated in this Agreement. <br />NINTH: This Agreement shall be binding upon the parties hereto and upon their heirs, <br />administrators, representatives, executors, predecessors, successors, and assigns, and shall inure to <br />the benefit of said parties and each of them and to their heirs, administrators, representatives, <br />executors, predecessors, successors, and assigns. <br />TENTH: 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 />Page 3 of 5 <br />