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1999 AGN JAN 05 I15
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1999 January 05 Agenda Packet
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1999 AGN JAN 05 I15
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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY Fl vt MUST HAVE <br />MATERIALLY AFFECTED HIS SETTLEMENT WITH THE <br />DEBTOR. <br />4.4 Subject to the above release, the Parties expressly reserve any <br />claim(s) arising out of the enforcement or interpretation of this Agreement. <br />4.5 The Parties acknowledge that they may hereafter discover facts <br />different from, or in addition to, those which they now know or believe to be true, with respect to <br />the Released Acts, and the Parties hereby expressly agree to assume the risk of the possible <br />discovery of additional or different facts, and agree that this Agreement shall be and remain <br />effective in all respects regardless of such additional or different facts. <br />4.6 To further the interests of the Parties in this Agreement, the Parties <br />warrant that they have not heretofore collectively or individually assigned, transferred, <br />hypothecated or purported to have assigned, transferred to hypothecated or prior to the <br />consummation of this Agreement will in the future assign, transfer or hypothecate to any person <br />or entity, any obligation, liability, claim, demand, action, cause of action, or relating to the ` <br />Released Acts, that each is the owner of the claims herein released and discharged and the Parties <br />further agree to indemnify, to defend and to hold each other harmless from and against any person <br />or entity claiming rights by reason of any purported assignment of any claim, cause of action, <br />demand or charge released hereunder. <br />4.7 The Parties further warrant that, except as provided herein, each <br />has the power to settle and release fully and completely all claims, causes of action, demands, <br />charges, and liabilities against the other, arising out of or relating to the Released Acts, and that <br />each person is duly authorized and empowered to sign this Agreement. <br />5. MISCELLANEOUS PROVISIONS <br />5.1 This Agreement shall bind the respective heirs, executors, <br />administrators, successors in interest, transferees, and assignees of each Party herein. It shall <br />inure to the benefit of each Party's respective employees, directors, shareholders, agents, insurers, <br />attorneys, successors in interest and assigns. <br />5.2 This Agreement contains the entire understanding of the Parties <br />with respect to the subject matter hereof, and no modification or waiver of any of the provisions <br />hereof shall be valid unless and until it is put into writing and executed by the Party(s) to be bound <br />thereby. <br />5.3 This Agreement shall be governed in accordance with the Laws of <br />RVPUBUJJ 1155473 <br />
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