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09/04/2009 12:10 209-9562 CBSJ • PAGE 11
<br /> 10. Release of Claims Aenivast LENDER.
<br /> (a) Except for the obligations created by this Forbearance Agreement, and
<br /> created by the exhibits hereto, and except for the obligations (if any) that
<br /> may arise from other banking relationships and loans between the Parties
<br /> hereto other than the loans and the bank account of BORROWER
<br /> described in the Recitals to this Forbearance Agreement, OBLIGORS
<br /> (AND EACH OF THE INDIVIDUALS OR ENTITIES COLLECTIVELY
<br /> REFERRED TO HEREIN AS OBLIGORS),HEREBY FOREVER,
<br /> FINALLY,FULLY AND COMPLETELY,RELEASES,RELIEVES,
<br /> ACQUITS,REMISES AND DISCHARGES LENDER AND ITS
<br /> SUBSIDIARIES, AFFILIATES, SUCCESSORS,PREDECESSORS,
<br /> AND ASSIGNS,AS WELL AS LENDER'S PAST AND PRESENT
<br /> EMPLOYEES, OFFICERS,DIRECTORS, AGENTS,
<br /> REPRESENTATIVES,ATTORNEYS,ACCOUNTANTS,AND
<br /> SHAREHOLDERS,FROM ANY AND ALL LIENS,LOSSES, CLAIMS,
<br /> DEBTS,LIABILITIES,DEMANDS, OBLIGATIONS,PROMISES,
<br /> ACTS,AGREEMENTS, COSTS AND EXPENSES (INCLUDING,
<br /> WITHOUT LIMITATION,ATTORNEYS' PEES),DAMAGES,
<br /> INJURIES, SUITS,ACTIONS AND CAUSES OF ACTION, OF
<br /> WHATEVER KIND OR NATURE,WHETHER KNOWN OR
<br /> UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR
<br /> FDCED,INCLUDING, BUT NOT LIMITED TO,THOSE BASED ON,
<br /> ARISING OUT OF,INCIDENTAL TO,APPERTAINING TO, IN
<br /> CONNECTION WITH AND/OR EMANATING FROM,IN ANY WAY,
<br /> ANY OF THE MATTERS OR FACTS SET FORTH, OR REFERRED
<br /> TO,IN THE RECITALS TO THIS FORBEARANCE AGREEMENT.
<br /> (b) BORROWER and each of GUARANTORS acknowledges and agrees that
<br /> they have been informed by their attorney/s and advisors of, and that they
<br /> are familiar with and hereby expressly waive,the provisions of
<br /> Section 1542 of the California Civil Code, and any similar statute, code,
<br /> law or regulation of any state of the United States, or of the United States,
<br /> to the fullest extent that they may waive such rights and benefits.
<br /> Section 1542 provides,
<br /> A GENERAL RELEASE DOES NOT EXTEND
<br /> TO CLAIMS WHICH THE CREDITOR DOES
<br /> NOT KNOW OR SUSPECT TO EXIST IN HIS
<br /> FAVOR AT THE TIME OF EXECUTING TUB
<br /> RELEASE, WHICH IF KNOWN BY HIM MUST
<br /> HAVE MATERIALLY AFFECTED HIS
<br /> SETTLEMENT WITH THE DEBTOR.
<br /> page 10 of 23
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