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2. Releases. <br /> Upon full execution of the New Lease, each party to this Agreement hereby <br /> releases the other from all claims, demands, actions and causes of action of any nature <br /> whatsoever which are currently known regarding the Existing Lease, as well as all <br /> claims, demands, actions and causes of action regarding such matters that the parties do <br /> not know or suspect to exist in their respective favors as of the date of this Agreement, <br /> which, if known at the time of executing this Agreement, might have affected the <br /> Agreement as set forth herein. Each of the parties to this Agreement also hereby <br /> specifically waives the protections of California Civil Code section 1542, which <br /> provides: <br /> A general release does not extend to claims which the creditor does not <br /> know or suspect to exist in his or her favor at the time of executing the <br /> release, which if known by him or her must have materially affected his <br /> or her settlement with the debtor. <br /> 3. Advice of Counsel. <br /> Each of the parties to this Agreement represents and warrants that they have <br /> engaged separate counsel to represent them with respect to this Agreement and all <br /> matters covered herein, that they have been fully advised by said attorneys with respect to <br /> their rights and with respect to the execution of this Agreement and as to all matters <br /> which are subject to the mutual releases contained herein, and that they have read this <br /> Agreement and understand the terms thereof. <br /> 4. Attorneys' Fees and Costs. <br /> The parties agree to bear their own attorneys' fees and costs in connection with <br /> the preparation and negotiation of this Agreement, as well as any fees and costs incurred <br /> in the negotiation and execution of the Existing Lease and the New Lease. <br /> 5. Warranty of Authority. <br /> In executing this Agreement, each person executing this Agreement further <br /> represents and warrants that they have the authority to bind their respective entities, and <br /> that those party-entities have the right and authority to compromise, settle, release and <br /> discharge all of the claims released herein. <br /> 6. Written Modifications Only. <br /> The terms of this Agreement shall not be modified or amended except in writing, <br /> signed by all parties or their designated representatives for such purpose. <br /> 2 <br />