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5.2 Each party to this Agreement specifically waives the benefit of provisions of Section <br /> 1542 of the Civil Code of the State of California, as follows: <br /> 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 oi•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 /> Agreement of Settlement and General Release Page 2 <br />