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OCT. -OUC 1. 7. LUU4 ; y:U1AIV1 & B TEL:948-4919 Ivo. U I14 r Parties with regards to the subject matter hereof and therefore the Parties represent that no other Agreements,representations or warranties between or among the Parties other than those set forth in this Agreement exist,and that any other Agreemonte, TCpresentations, or warranties that may have been made prior to IN execution of this Agreement, other than the Lease doscribed herein are expressly unenforccable and waived, 19. Each party signing this Agreement represents and wan-ants that he or she is duly authorized and has legal capacity to cxccute and deliver this Agreement. Each Party represents and warrants to each other party that the execu tion and delivery of his Agreement and the performance of cash Party's obligations heretaider have boon duly authodzed and that the Agreement is a valid and 10gal Agreement bin}ding on such party in enforcement in aocordaime with its(arms. 20. no terms of this Agreement have been negotiated by the Parties hereto, and the language used in this Agreement shall be deemed to be the language chosen by the Parties hereto to express their mutual intent. This Agreement shJ]be construed without regard to any presumption or rule requiring conduction against the party causing such instrument or any portion thcrcof to be drafted,or it favor of the party rmeeiving a particular benefit under the Agreement. No rule of strict construction will be applied against any party. 21. Each party has been represented by counsel in the natotiation and execution of this Agreement. This Agreement was executed volunta,.ily without any dur6as or undue influence on the pan of or on behalf of the Parties horeto. The Parties acknowledge thcy have read and understand this Agreement and its legal effect. ERch party ac1mowledge6 that such party has had a reasonable opportunity to obthin independent legal coumael for advice and representation in convection with this Agreement, and that each petty has retai—ned counsel, and such coLus.l has fully explained to such party the legal effect of this Agreement and the terms and conditions provided for herein. Each party represents and warrants that it is has carefully read this Agreement, hag been advised of its meaning and consequences by th-lir rospectivo attorneys,and signed the same of their own frcc will. 22. This Agreement is comprised of offers to compromise under California Evidence Code section 1152. The parties agree that if the Lawsuits fire reset on the court's calendar as described above,that neither this Agreement,nor any statement made herein may be used as evidence in any trial of any issue in this matte-f, except that the dates of valuation agreed to herein will bo used as the dates of veluatlon in any such trial. 23. Each party to this Agreement will boar its own costs, •;xpcnsca and attorney's fees, whether taxable or otherwise, incurred in or arising out of or in any way related to the matters reloased herein,or any of the lawsuits or niatterg described in the Recitals. 24, This Agreement shall be deemed to have been entered into and 6 368337-6