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similar effect, which section currently provides as follows: <br /> A general release does not extend to claims which the <br /> creditor does not know or suspect to exist in his favor at <br /> the time of executing the release, which if known by him <br /> must have materially affected his settlement with the <br /> debtor. <br /> III. REPRESENTATIONS AND WARRANTIES: <br /> The following representations and warranties are made <br /> as of the date of execution of this Agreement and as of the <br /> Effective Date: <br /> 1. Each party to this Agreement, and each person <br /> executing this document on behalf of any party to this Agreement, <br /> warrants and represents that it or he has the power and authority <br /> to do so. <br /> 2. Each party to this Agreement warrants and <br /> represents that it has not heretofore assigned or transferred or <br /> purported to assign or transfer to any person any released matter <br /> or any part or portion thereof, and agrees to indemnify and hold <br /> the other party harmless from and against any claim, demand, <br /> damage, debt, liability, account, reckoning, obligation, cost, <br /> expense, lien, action or cause of action (including the payment <br /> of attorneys' fees and costs actually incurred whether or not <br /> litigation be commenced) based on, in connection with or arising <br /> out of any such assignment or transfer or purported or claimed <br /> assignment or transfer. <br /> 3. Each party to this Agreement represents that it <br /> has read and knows and understands the contents of this Agreement <br /> and that it has executed it voluntarily. Each party hereto <br /> understands that it cannot proceed against any party whom it <br /> hereby releases with respect to the matters released herein. <br /> IV. MISCELLANEOUS: <br /> 1. The Trustee, Barclays and ITL-Cross each agree to <br /> execute and deliver such additional documents and instruments and <br /> to perform such additional acts as may be reasonably required to <br /> effectuate the purposes of this Agreement and consummate all the <br /> transactions contemplated hereunder. <br /> 2. As soon as practicable after execution of this <br /> Agreement, the Trustee shall take all necessary steps to obtain <br /> 3435V1002F.MPB 8 <br />