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11 . The effectiveness of this settlement agreement is <br /> expressly conditional upon plaintiff obtaining title reports <br /> concerning the properties described in Paragraph 1 hereof, show- <br /> ing title thereto as warranted herein and defendant providing <br /> plaintiff with that certain Declaration of Trust, dated <br /> October 24, 1985, for the Elizabeth D. Emery Family Revocable <br /> Trust, together with any and all supplements and amendments <br /> thereto, and plaintiff satisfies itself that the provisions <br /> thereof do not make 'any of the representations and warranties <br /> contained in Paragraph 4 hereinabove false or incorrect in any <br /> material respect and/or otherwise impair in any material respect <br /> plaintiff 's rights and remedies under this agreement. <br /> 12 . Plaintiff hereby fully and forever releases and <br /> discharges defendant, her agents, employees, successors and <br /> assigns from any and all claims, demands, actions or causes of <br /> action that plaintiff has, or might have, against defendant by <br /> reason of any damages or injuries whatever sustained by plaintiff <br /> and occasioned directly or indirectly by any act or omission of <br /> defendant, arising out of or in connection with the facts and <br /> circumstances which are the subject of the Action, including, <br /> without limitation, any and all claims, demands, actions, or <br /> causes of action, which were, or could have been, asserted <br /> therein and any and all proceedings had, legal process employed, <br /> and any acts or omissions of defendant, her employees, agents or <br /> counsel in connection with, or with respect to, the Action and <br /> the facts and circumstances relating thereto. <br /> - 10 - I <br />