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.
|