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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 <br />known by him or her must have materially affected his or her settlement with the <br />debtor <br />6 REPRESENTATIONS AND WARRANTIES. Each of the parties to this Agreement represents <br />and warrants to, and agrees with, each party hereto, as follows. <br />6 1 Each party has received independent legal advice from its attorneys with respect to <br />the advisability of making the settlement provided for herein, with respect to the <br />advisability of executing this Agreement, and with respect to the meaning of California <br />Civil Code Section 1542. <br />6.2 No party (nor any officer, agent, employee, representative, or attorney of or for any <br />party), has made any statement or representation or failed to make any statement or <br />representation to any other party regarding any fact relied upon in entering into this <br />Agreement, and each party does not rely upon any statement, representation, omission or <br />promise of any other party (or of any officer, agent, employee, representative, or attorney <br />of or for any party), in executing this Agreement, or in making the settlement provided <br />for herein, except as expressly stated in this Agreement. <br />6.3 Each party to this Agreement has made such investigation of the facts pertaining to <br />this settlement and this Agreement, and all the matters pertaining thereto, as it deems <br />necessary <br />6.4 Each party or responsible officer thereof has read this Agreement and understands the <br />contents hereof. Each of the officers executing this Agreement on behalf of their <br />respective corporations is empowered to do so and thereby binds such respective <br />corporation. <br />6.5 In entering into this Agreement and the settlement provided for herein, each party <br />assumes the risk of any misrepresentation, concealment or mistake. If any party should <br />subsequently discover that any fact relied upon by it in entering into this Agreement was <br />untrue, or that any fact was concealed from it, or that its understanding of the facts or of <br />the law was incorrect, such party shall not be entitled to any relief in connection <br />therewith including, without limitation on the generality of the foregoing, any alleged <br />right or claim to set aside or rescind this Agreement. This Agreement is intended to be <br />and is final and binding between the parties hereto, regardless of any claims of <br />misrepresentation, promise made without the intention to perform, concealment of fact, <br />mistake of fact or law, or of any other circumstance whatsoever <br />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 />Agreement of Settlement and General Release Page 2 of 4 <br />