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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 />their respective agents, employees, representatives, officers, directors, divisions, <br />subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders. <br />8 4 Each party has cooperated in the drafting and preparation of this Agreement. Hence, <br />in any construction to be made of this Agreement, the same shall not be construed against <br />any party <br />Agreement of Settlement and General Release Page 3 of 4 <br />