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6 6 Each party has not heretofore assigned, transferred, or granted, or purported to assign, <br /> transfer, or grant, any of the claims, demands, and cause or causes of action disposed of <br /> by this Agreement <br /> 6 7 Each term of this Agreement is contractual and not merely a recital <br /> 6 8 Each party is aware that it may hereafter discover claims or facts in addition to or <br /> different from those it now knows or believes to be true with respect to the matters <br /> related herein Nevertheless, it is the intention of the parties to fully, finally and forever <br /> to settle and release all such matters, and all claims relative thereto, which do now exist, <br /> may exist, or heretofore have existed between them. In furtherance of such intention,the <br /> releases given herein shall be and remain in effect as full and complete mutual releases of <br /> all such matters, notwithstanding the discovery of existence of any additional or different <br /> claims of facts relative thereto <br /> 6 9 The parties will execute all such further and additional documents as shall be <br /> reasonable, convenient, necessary or desirable to carry out the provisions of this <br /> Agreement <br /> 6 10 Plaintiff agrees to hold Defendant harmless from, and defend and indemnify <br /> Defendant from,the claims of any and all medical care providers and/or lienholders, <br /> including, but not limited to, Medicare or MediCal,providing medical services to <br /> Plaintiff as a result of the subject accident <br /> 7 SETTLEMENT- This Agreement effects the settlement of claims which are denied and <br /> contested, and nothing contained herein shall be construed as an admission by any party hereto <br /> of any liability of any kind to any other party Each of the parties hereto denies any liability in <br /> connection with any claim and intends hereby solely to avoid litigation and buy its peace <br /> 8 MISCELLANEOUS <br /> 8 1 This Agreement shall be deemed to have been executed and delivered within the State <br /> of California and the rights and obligations of the parties hereto shall be construed and <br /> enforced in accordance with, and governed by, the laws of the State of California <br /> 8 2 This Agreement is the entire Agreement between the parties with respect to the <br /> subject matter hereof and supersedes all prior and contemporaneous oral and written <br /> agreements and discussions This Agreement may be amended only by an agreement in <br /> writing, signed by the parties thereto <br /> 8 3 This Agreement is binding upon and shall inure to the benefit of the parties hereto, <br /> then respective agents, employees, representatives, officers, directors, divisions, <br /> subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders <br /> Agreement of Settlement and General Release Page 3 <br />