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SIXTH: Notwithstanding the provisions of Civil Code section 1542, each party <br />hereby irrevocably and unconditionally releases and forever discharges each other party and each <br />and all of its officers, agents, directors, supervisors, employees, representatives, and its <br />successors and assigns and all persons acting by, through, under, or in concert with each other <br />party from any and all charges, complaints, claims, and liabilities of any kind or nature <br />whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or <br />"claims") which each releasing party at any time heretofore had or claimed to have or which each <br />releasing party at any time hereafter may have or claim to have, incidental to the incident(s) <br />which form the basis of this lawsuit. <br />SEVENTH: Each person signing below represents that he/she has reviewed all <br />aspects of this Agreement, that the Agreement has been carefully read and ftilly explained to <br />he/she and that he/she understands all the provisions of this Agreement, that he/she understands <br />that in agreeing to this document he/she is releasing each party hereby from any and all claims <br />he/she may have against each party released, that he/she voluntarily agrees to all the terms set <br />forth in this Agreement, that he/she knowingly and willingly intends to be legally bound by the <br />same, that he/she was given the opportunity to consider the terms of this Agreement and <br />discussed them with legal counsel. <br />E[GHTH: 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 <br />heirs, administrators, representatives, executors, predecessors, successors, and assigns, and shall <br />inure to the benefit of said parties and each of them and to their heirs, administrators, <br />representatives, executors, predecessors, successors, and assigns. <br />TENTH: Should any provision of this Agreement be declared or be determined <br />by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, <br />validity, and enforceability of the remaining parts, terms, or provisions shall not be affected <br />thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to <br />be a part of this Agreement. <br />ELEVENTH: This Agreement sets forth the entire agreement between the <br />parties hereto and fully supersedes any and all prior agreements or understandings, written or <br />oral, between the parties hereto pertaining to the subject matter hereof. <br />TWELVTH: This Agreement shall be interpreted in accordance with the plain <br />meaning of its terms and not strictly for or against any of the parties hereto.