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which if known by him must have materially affected his settlement with <br />the debtor." <br />6. Representations and Warranties. Each of the parties hereto represents and <br />warrants that he is not aware of any other party having any interest in, nor has he assigned, <br />hypothecated or otherwise transferred any interest in any Claim or Claims which are the subject <br />of this Agreement. <br />7. Inte ration. This Agreement together with the Agreement for Acquisition of <br />Tenant-Seller's Interest in Real Property, constitute the entire agreement between the parties <br />hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous <br />agreements and understandings of the parties; there are no warranties, representations or other <br />agreements between the parties except as expressly set forth herein. No amendment hereto shall <br />be binding unless set forth in a writing stating that it is intended to amend this agreement, <br />executed by the party to be bound thereby. No waiver of any of the provisions of this Agreement <br />shall be deemed or shall constitute a waiver of any of the other provisions hereof, whether or not <br />similar, nor shall such waiver constitute a continuing waiver. <br />8. Counterparts. This Agreement may be executed in counterparts and, as so <br />executed, shall constitute one 'agreement binding on all parties. <br />9. Severability. In the event that any provision of this Agreement is found by a <br />Court of competent jurisdiction to be void or voidable, the remaining provisions of this <br />Agreement shall remain in full force and effect. <br />10. Each Party to Bear Own Costs and Fees. Except as may be otherwise provided <br />herein, each party hereto shat'bear its own costs and fees associated with the actions being <br />settled hereby. <br />11. Choice of Law. This Agreement and any dispute hereunder shall be governed by <br />the laws of the State of California. <br />12. Each Party Authorized. By signing this Agreement, each party attests that he or <br />she is duly authorized by his or her respective corporation or entity, if applicable, to execute this <br />Agreement. <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. <br />SIGNATURE PAGE FOLLOWS. <br />-3-