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agrees that this Agreement has been negotiated at arm's-length by parties of equal bargaining <br /> power, and each of the Parties declares and is satisfied that it was represented by competent <br /> counsel of its own choosing. The Parties further acknowledge that the obligations and <br /> releases herein described are in good faith and are reasonable in the context of the matters <br /> released. <br /> 10. Amendment or Modification. <br /> This Agreement may be amended or modified only by written instrument signed <br /> by all Parties or their successors in interest and approved by the Court. <br /> 11. Inaccuracies. <br /> No inaccuracies in the recitals hereof shall in any way affect the validity and/or <br /> enforceability of this Agreement. <br /> 12. No Waiver. <br /> Failure to insist on compliance with any term, covenant or condition contained <br /> in this Agreement shall not be deemed a waiver of that term, covenant or condition,nor <br /> shall any waiver or relinquishment of any right or power contained in this Agreement at <br /> any one time or more times be deemed a waiver or relinquishment of any right or power <br /> at any other time or times. <br /> 13. Continuing Jurisdiction. <br /> The Parties stipulate and agree that the Superior Court of the State of California, <br /> County of Alameda shall retain continuing jurisdiction over this Agreement,and any action <br /> related to this Agreement shall be subject to the jurisdiction of and adjudicated by the <br /> Superior Court of the State of California, County of Alameda. <br /> 6 <br /> 358521.1 <br />