RDA Agmt 2001 FH Dailey Motor Company (2)

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• A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 12. Each party to this Agreement agrees to bear its own costs, expenses and attorneys'fees connected with the negotiation, drafting and execution of this Agreement. 13. This Agreement is the product of negotiation and preparation by and among the parties' respective attorneys. The parties therefore expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or its attorneys, and will be construed accordingly. 14. This Agreement shall be interpreted in accordance with and governed in all respects by the laws of the State of California. 15. Any claims and/or actions (whether legal or equitable in nature)to enforce any provision of this Agreement, including claims of breach of this Agreement, shall be brought solely in the Northern District (Oakland) of Alameda County Superior Court. 16. This Agreement may be enforced pursuant to the provisions of California Code of Civil Procedure Section 664.6. If any provision of this Agreement, in whole or in part, is for any reason held to be invalid or unenforceable,then the remainder of this Agreement shall not be affected thereby and shall remain valid and enforceable. 17. This Agreement may be modified only by a writing signed by all parties. 18. This Agreement constitutes the entire understanding between the parties, and each of them with regard to the matters herein set forth. There are no representations, warranties, agreements, arrangements,undertaking,oral or written,between or among the parties hereto relating to the subject matter of this Agreement which are not fully expressed. 4