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The Parties recognize that time is of the essence and that each party will undertake their <br />respective steps to conclude this matter as soon as reasonably possible. <br />E. Entire Agreement; Modification; Construction <br />This Agreement represents and contains the entire agreement and understanding among the <br />Parties with respect to the subject matter of this document, and supersedes any and all prior oral <br />and written agreements and understandings. No prior representation, warranty, condition, <br />understanding or agreement of any kind with respect to the subject matter hereof shall be relied <br />upon by the Parties unless specifically incorporated by the Agreement. The Agreement shall not <br />be amended or modified except by an agreement in writing signed by the Party against whom the <br />enforcement of any modification or amendment is sought. This Agreement shall be construed to <br />have been drafted equally by the Parties. <br />F. BindingEffect <br />ffect <br />This Agreement shall be binding on, and inure to the benefit of, the successors and assigns of the <br />Parties. Nothing in the Agreement, expressed or implied, is intended to confer upon any person <br />(other than the Parties, or their respective successors and assigns) any rights or benefits. The <br />Parties are of legal age, legally competent to execute the Agreement, and accept full <br />responsibility under the Agreement. The Parties freely and voluntarily enter into the Agreement. <br />By signing below, each signatory warrants that he/she has authority to sign the Agreement and <br />bind the Party that it represents. Each Party acknowledges that it/he/she has consulted with an <br />attorney prior to signing below. <br />G. Controlling Law <br />The Agreement was made in the State of California, and shall be construed in accordance with <br />California law. The Superior Court of the County of Alameda shall retain jurisdiction for the <br />purpose of enforcing any term or condition of the Agreement. <br />H. Counterparts <br />This Agreement may be executed in multiple counterparts, each of which shall be deemed an <br />original, but all of which, together, shall constitute one and the same instrument. <br />I. No Admission of Any Fact <br />Neither the Agreement, nor its execution by one of the Parties, shall be deemed or alleged to <br />constitute any admission of any fact relating to claims by the Parties, or to constitute any <br />admission of the truth of any of the allegations contained in the pleadings in the Action; nor shall <br />the Agreement be offered in evidence by anyone in any action or proceeding for any purpose. <br />J. Attornevs' Fees <br />