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-3 - <br />have or claim to have or may in the future have or claim to have by reason of any acts or omissions <br />occurring or not occurring prior to the date of this Agreement arising out of, connected with, <br />incidental to or based upon the action or upon the Agreement, connected with, incidental to or based <br />upon the action or upon the operations, business and activities of the Fantasy Topless Theater <br />including, but not limited to, the commencement and prosecution of the Action. <br />5. EACH PARTY TO THIS AGREEMENT SPECIFICALLY WAIVES THE <br />BENEFIT OF THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF THE STATE <br />OF CALIFORNIA AND SIMILAR LAWS OF ALL OTHER STATES, TERRITORIES OF THE <br />UNITED STATES AND OTHER JURISDICTIONS. SECTION 1542 OF THE CALIFORNIA <br />CIVIL CODE PROVIDES: <br />A general release does not extend to claims which the creditor does <br />not know or suspect to exist in his favor at the time of executing the <br />release, which if known by him must have materially affected his <br />settlement with the debtor. <br />REPRESENTATIONS AND WARRANTIES <br />Each of the parties to this Agreement represents and warrants to the other as follows: <br />6. Each Party has received independent legal advice with respect to the advisability of <br />making the settlement and release provided for herein, with respect to the advisability of executing <br />this Agreement and with respect to the meaning of California Civil Code section 1542. <br />7. Except as expressly stated or represented in this Agreement, no Party hereto (nor <br />any officer, agent, partner, employee, representative or attorney for or of any Party), has made any <br />