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"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of execution of the release, which if known by him must have materially affected his settlement with the debtor." The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. The Parties expressly agree that the Release contained herein shall be given full force and effect in accordance with each and all of its express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands, and causes of action hereinabove specified. The Parties each assume the risk of the subsequent discovery or understanding of any matter, fact or law which if now known or understood would in any respect have affected this Agreement. 3.2 Each Party hereby acknowledges that it has relied wholly upon its own judgment, belief and knowledge of the existence, nature, and extent of each claim, demand or cause of action that it may have against the other Party which is hereby released and that it has not been influenced to any extent in entering into this Agreement by any representations or statements regarding any claim, demand, or cause of action made by the other Parry related to or arising out of the Contracts. The Parties acknowledge this Agreement is intended to settle all disputes between the Parties related to the Contracts. 4.0 Construction of Agreement Terms. This Agreement is to be construed fairly and not in favor of or against any Parry regardless of which Party or Parties drafted or participated in the drafting of its terms. It is acknowledged that both Parties have had an opportunity to consult with the attorney of their choice concerning the terms and conditions of this Agreement. As a result, this Agreement shall be deemed to have been drafted by both Parties and no Parry shall urge otherwise. 5.0 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as maybe necessary, appropriate, or convenient to attain the purposes of this Agreement. 6.0 Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 7.0 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenantor condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Parry shall give the other Parry any contractual right by custom, estoppel, or otherwise. 8.0 Bindin2 Effect. Each and all of the covenants and conditions shall be binding on and sErrLEMENT, TERMINATION RVPUBUPW57671 PAGE 3 OF 4 AND GENERAL RELEASE