Brunelle Settlement Agreement 20240122

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Brunelle expressly waives and relinquishes, as to the released matters, all rights and benefits that they have, had, or may have that are reserved under California Civil Code section 1542, and any and all similar laws of any other jurisdiction. Brunelle hereby acknowledges that they are aware that Brunelle or their attorneys may hereafter discover facts different from or in addition to those Brunelle and their attorneys now know or believe to be true with respect to the claims, actions, causes of action, rights, remedies, debts, demands, liabilities, obligations, and defenses of every kind herein released, and Brunelle acknowledges that this Agreement shall be and remain in effect as a full and complete release as to the released matters, notwithstanding the discovery or existence of any such different or additional facts. 4. Agreement Voluntarily Entered. This Agreement is executed voluntarily by the Parties without any duress or undue influence on them. The Parties represent and warrant that they have read and fully understand each of the provisions of this Agreement and have relied on the advice and representation of competent counsel of their own choosing. The Parties further warrant and represent that in entering into this Agreement, they have relied solely upon their own respective independent investigations. 5. Interpretation. The provisions of this Agreement shall be interpreted in a reasonable manner to effectuate the purposes of the Parties and this Agreement. This Agreement is the product of negotiation and preparation by and among the Parties. The Parties, and each of them, expressly acknowledge and agree that this Agreement shall be deemed to have been drafted equally by all Parties and shall not be interpreted for or against any party by reason of the alleged authorship of any provision. The Parties, and each of them, stipulate that any common law or statutory provision including, without limitation, California Civil Code section 1654, providing that any ambiguous term be construed against the maker of this Agreement is hereby waived. 6. No Admission of Liability. The Parties agree that this Agreement is the result of a compromise and accord, and that the execution and delivery of this Agreement by any of the Parties shall not constitute or be construed as an admission of any liability or wrongdoing on the part of any of them. The Parties acknowledge that this Agreement is not, and cannot be construed as, an admission by any of the Parties as to whether any defense, indemnity, or other coverage obligation exists. 7. Entire and Integrated Agreement. Except as otherwise provided in this Agreement, this Agreement is intended by the Parties as a final expression of their agreement and is intended to be a complete and exclusive statement of the agreement and understanding of the Parties with respect to the subject matters contained herein. This Agreement supersedes any and all prior promises, representations, warranties, agreements, understandings, and undertakings between or among the Parties with respect to such subject matters, and there are no other or further promises, representations, warranties, agreements, understandings, or undertakings with respect to such subject matters. 8. No Third -Party Beneficiaries. Except as expressly provided herein, nothing in this Agreement is intended or shall be construed to give any person, other than the Parties and their respective successors and permitted assigns, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions contained herein. This Agreement and