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purpose and intent of this Settlement Agreement and Release, including preparation and <br />execution of a stipulation to dismiss the pending lawsuit with prejudice and on the merits. <br />9. The parties may execute this Settlement Agreement and Release separately, and <br />each separate signed document, whether hard copy, facsimile or email, shall be deemed an <br />original regardless of the date of its execution and delivery, and these counterparts together shall <br />be one and the same Settlement Agreement and Release. <br />10. The Parties will each bear their own attorneys' fees and other legal costs <br />associated with the Action and Mediation. <br />11. The Parties each represent that they have not assigned or transferred any claims <br />that are the subject of the Action, and are not aware of any other person or entity that claims to <br />have a right to pursue the Released Claims. <br />12. By their signatures below the Parties each represent that they have read this <br />document, relied on the advice of their respective attorneys regarding the legal consequences of <br />this Agreement, know and understand the terms and effect hereof, have fully discussed the terms <br />and effect of this document with their attorneys or clients, have authority to enter into this <br />Agreement, that the terms of this Agreement are fully understood and voluntarily accepted by the <br />Parties, and that each Party has signed this Agreement as its free and considered act. <br />[Balance of page intentionally lett blank] <br />E <br />