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the California Civil Code Section 1542 reading as set forth <br />below with the exception that this is not intended to and <br />shall not operate to release any claims arising out of the <br />performance of or failure to perform the obligations created <br />or arising out of the settlement agreement referenced above. <br />Each party's release herein is in consideration for <br />the release of the other party and would not have been given <br />but for the release of the other party. <br />California Civil Code Section 1542 reads as follows: <br />A general release does not extend to claims <br />which the creditor does not know or suspect <br />to exist in his favor at the time of executing <br />the release, which if known by him must have <br />materially affected his settlement with the <br />debtor. <br />This agreement shall inure to the benefit of the <br />parties, their respective heirs, personal representatives, <br />successors and assigns. <br />This Release is the result of a compromise and <br />settlement of disputed claims and shall never at anytime be <br />considered as an admission of liability or responsibility on <br />the part of either of the parties or others herein released, <br />all of whom continue to deny such liability and to disclaim <br />such responsibility. <br />This Agreement may be signed in counterparts and <br />when signed and delivered by each of the parties named below, <br />it shall be effective. <br />2 <br />