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-5- <br />D. the Parties will execute all further and additional documents as shall be <br />reasonable, convenient, necessary or desirably to carry our the provisions of this Agreement. <br />E. No Party hereto intends to reserve any claim for relief, causes of action, <br />claim or demand it has or may have against the other Party based upon any possible claim for <br />malicious prosecution, abuse of process, or other claims in connection with the Action referred to <br />in paragraph 2 of the Recitals section hereof. The fact that a particular type of claim is not <br />expressly set forth herein is not intended to be, nor shall it be construed to be, an attempt by any <br />party to reserve a claim against any person or entity based upon the action referred to in paragraph <br />2 of the Recitals section hereof and the acts or omissions of the parties, or any of the other parties <br />identified in paragraph I hereof. <br />F. Defendants represent that all attorneys' fees and costs incurred by Defendants, <br />and by Logan P. Green, George Kokonis and Dena Kokonis, with respect to the Action or any <br />relation appeal have been paid solely by defendant Tom L. lbeaters, Inc. <br />It. Tlis Agreement effects the settlement of claims which are denied and contested and <br />nothing contained herein shall be construed as an admission by any Party hereto of any liability of <br />any kind to any other Party. Each of the Parties hereto denies any liability or wrongdoing in <br />connection with any claim and intends hereby solely to avoid the annoyance and expense of <br />additional litigation. <br />12. This Agreement shall in all respects be interpreted, enforced and governed by and <br />under the laws of the State of California applicable to instruments, persons, transactions and subject <br />matter which have legal context and relationship solely within the State of California. The language <br />of this Agreement and all other documents referred to herein shall be construed as a whole <br />