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09/04/2009 12:10 209-95*2 CBSJ • PAGE 12 Ori (e) BORROWER and each of GUARANTORS acknowledge that they are aware that they may hereafter discover claims presently unknown or unsuspected,or facts in addition to or different from those which they now know or believe to be true, as to the matters released herein.. Nevertheless, it is the INTENTION OF BORROWER AND EACH GUARANTOR, THROUGH THIS RELEASE, TO FULLY,FINALLY AND FOREVER RELEASE ALL SUCH MATTERS,AND ALL CLAIMS RELATED THERETO, WHICH DO NOW EXIST,MAY EXIST OR HERETOFORE HAVE EXISTED. In furtherance of such intention,the releases herein given shall be and remain in effect as a full and complete release of such matters,notwithstanding the discovery or existence of any such additional or different claims or facts related thereto by the Parties hereto. In entering into this release, the BORROWER does not rely upon any statement,representation or promise of any other party,except as expressly stated in this Forbearance Agreement. (d) In entering into this Forbearance Agreement and the releases contained herein, OBLIGORS, and each of them,recognizes that no facts or representations are ever absolutely certain; accordingly, each party hereto assumes the risk of any misrepresentation, concealment or mistake, and if any party hereto should subsequently discover that any fact said party relied upon in entering into this Forbearance Agreement was untrue or that any fact was concealed..from that party or that any understanding of the facts or of the law was incorrect,said party shall not be entitled to set aside this Forbearance Agreement by reason thereof,regardless of any claim of fraud,misrepresentation,promise made without the intention of performing it, concealment of fact,mistake of fact or law,or any other circumstances whatsoever. 11. No Obligation for Additional Financing, EACH OF OBLIGORS ACKNOWLEDGES AND AGREES THAT LENDER HAS NO EXPRESS OR IMPLIED OBLIGATION TO PROVIDE FINANCING TO BORROWER FOR ANY OPERATION(S) BEYOND THE EXTENDED MATURITY DATE DESCRIBED HEREIN, OR FOR ANY OTHER PURPOSE NOT EXPRESSLY STATED IN THIS FORBEARANCE AGREEMENT, OR TO EXTEND (BEYOND THE PERIOD SPECIFIED IN THIS AGREEMENT AND/OR ITS EXHIBITS)THE MATURITY DATE OF ANY PROMISSORY NOTE DESCRIBED HEREIN. Although LENDER is willing to consider certain additional advances,LENDER may choose to make, or not to make, any future advances or extensions of credit, in LENDER's sole and absolute discretion. LENDER shall not be committed to provide BORROWER or either of GUARANTORS with further or future financing. Each of OBLIGORS understands that there is uncertainty in connection with this circumstance, and OBLIGORS each elects (in consideration of the factors described in this Forbearance Agreement, and/or in the Exhibits hereto)to bear any and all business risk associated with that uncertainty. Each of OBLIGORS understands and acknowledges that LENDER has already extended forbearance, and credit beyond any requirements of law,or of contract between BORROWER and LENDER,by the providing the financial accommodations described in this Forbearance Agreement. Page 11 of 23