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must have materially affected his settlement with the <br /> debtor." <br /> Each party agrees and represents that it fully understands <br /> the statutory language of Civil Code Section 1542, and with this <br /> understanding, nevertheless elects to, and does assume all risks <br /> for rights, claims, demands, obligations, causes of action or <br /> liabilities known or unknown, heretofore and hereafter arising <br /> from the subject matter of the Lawsuit. <br /> 8. Costs, Expenses and Attorney's Fees <br /> Each party shall bear its own costs and expenses, including <br /> attorney's fees, arising out of the Lawsuit. <br /> 9. Execution of Agreement <br /> Each party represents that this Agreement has been explained <br /> to it by its counsel and that this Agreement is executed <br /> voluntarily, with full knowledge of its significance and contents <br /> and with full authority. <br /> 10. Negotiations Inadmissible <br /> Neither the negotiation of this Agreement, nor any action <br /> taken to carry out this Agreement (i) is or may be construed or <br /> used as an admission or concession by or against any party to <br /> this Agreement of any fault, wrongdoing or liability whatsoever, <br /> or (ii) may be offered or received in evidence in any action or <br /> proceeding against any party in or before any court, <br /> administrative agency or tribunal for any purpose; provided, <br /> however, that this Agreement may be filed in the Lawsuit as <br /> evidence of this settlement. Notwithstanding the prior sentence, <br /> all negotiations, discussions and actions shall be admissible as <br /> necessary to effectuate, enforce or defend this Agreement. <br /> 11. Agreement to be Binding on Successors <br /> This Agreement shall be binding upon, and inure to the <br /> benefits of, the parties to this Agreement and their respective <br /> successors and assigns. This paragraph is specifically intended <br /> to apply to that part of paragraph 1 concerning the collection of <br /> the $150 /unit by a city annexing area currently within the <br /> unincorporated area of the County. <br /> 12. Entire Agreement <br /> This Agreement is the entire agreement between the parties <br /> with respect to the subject matter hereof and supersedes any <br /> prior understandings or agreements between the parties, whether <br /> 7 <br />