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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />LAW OFFICES OF <br />Mari D. Poniatowsii <br />3OFESSIONAL CORPORATION <br />2811 CASTRO VALLEY BLVD. <br />SUITE 208 <br />Judgment shall be for the full Settlement Sum less amounts paid up to and including the date of <br />entry of Judgment, plus Plaintiff s costs and attorneys' fees incurred from the date of the filing o <br />the Complaint to the date of the Judgment, plus interest at the rate of 10% per annum on all <br />unpaid amounts under this Amended Stipulation. The Judgment shall earn interest at the legal <br />rate to the extent it remains unsatisfied, and Plaintiff shall be entitled to recover its attorney's <br />and costs incurred in enforcing the Judgment. <br />7. DISMISSAL WITH PREJUDICE <br />In the event Judgment is not entered and the Settlement Sum is voluntarily paid in full, <br />then Plaintiff shall file a Request for Dismissal with prejudice of the Complaint. <br />8. MISCELLANEOUS <br />8.1 Binding Effect. This Amended Stipulation shall be binding upon the parties and the <br />parties' successors in interest. <br />8.2 Entire Agreement. This Amended Stipulation replaces the Stipulation and all <br />agreements, exhibits, and schedules referred to in this Amended Stipulation constitute the final, <br />complete and exclusive statement of the terms of the Amended Stipulation between the parties <br />pertaining to the subject matter of this Amended Stipulation and supersedes all prior and <br />contemporaneous understandings or agreements of the parties. No party has been induced to <br />enter into this Amended Stipulation by, nor is any party relying on, any representation or <br />warranty outside those expressly set forth in this Amended Stipulation. <br />8.3 Modification of Stipulation. This Amended Stipulation may be supplemented, <br />amended or modified only by the mutual agreement of the parties. No supplement, amendment <br />or modification of this Amended Stipulation shall be binding unless it is in writing and signed by <br />all parties. <br />8.4 Ambiwities. Each party and its counsel have participated fully in the review and <br />revision of this Amended Stipulation. Any rule of construction to the effect that ambiguities are <br />to be resolved against the drafting party shall not apply in interpreting this Amended Stipulation. <br />8.5 Waiver. No waiver of a breach, failure of a condition, or any right or remedy <br />contained in or granted by the provisions of this Amended Stipulation shall be effective unless it <br />"MENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -6- <br />I T/ TTAT l T T[7 ANTO <br />