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10. No Admissions. <br /> This Agreement is entered in settlement of a disputed claim and to avoid the expense and <br /> inconvenience of litigation. Neither this Agreement nor any action taken to carry out this Agreement <br /> may be construed or used as an admission of any issue, fact, wrongdoing, liability, or violation of <br /> any law, rule, or regulation whatsoever. <br /> 11. Not Evidentiary. <br /> Evidence of the existence, terms and negotiations of this Agreement shall not be admissible <br /> in any litigation as evidence of the respective rights, duties, or obligations of any of the parties <br /> hereto; provided, however, that such evidence may be offered in seeking to enforce the terms of this <br /> Agreement. <br /> 12. Construction. <br /> Each party to this Agreement has participated in the drafting of this Agreement. The <br /> language of this Agreement, therefore, shall not be construed either in favor of or against any of the <br /> Parties hereto. <br /> 13. Waiver of Civil Code 1542 Rights. <br /> The Parties expressly waive and relinquish all rights and benefits afforded under the <br /> provisions of Section 1542 of the California Civil Code, which provides as follows: <br /> "A general release does not extend to claims which the creditor does not know or <br /> suspect to exist in his favor at the time of executing the release, which if known by <br /> him must have materially affected his settlement with the debtor." <br /> 5 <br />