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Agmt04 Parenti, Aldo and Debra
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Agmt04 Parenti, Aldo and Debra
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Last modified
8/25/2005 10:50:37 AM
Creation date
1/24/2005 11:48:15 AM
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Template:
Agreement
Contractor Name
Parenti, Aldo and Parenti, Debra
PROJECT NAME
settlement agreement
RMP File Number
304
Date
5/19/2004
Box
5971
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<br />4. The Parties agree that in entering into this Agreement, they are not relying <br />on any representations or promises not contained in this Agreement. This Agreement <br />contains the entire agreement of the Parties and supersedes any prior agreement or <br />agreements the Parties may have regarding this matter. The Parties agree that they <br />have had a full opportunity to consult with attorneys, accountants, tax accountants, or <br />other advisers before entering into this Agreement. <br /> <br />5. The Parties further specifically agree that the general rule of construction <br />is that ambiguities in the drafting of a document are to be resolved against the drafting <br />party and that this general rule of construction shall not apply to the interpretation of this <br />Agreement. <br /> <br />6. <br /> <br />This Agreement may be executed in counterparts. <br /> <br />7. <br />as follows: <br /> <br />Claimants each certify that they have read Section 1542 of the Civil Code, <br /> <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH <br />THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN <br />HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br />WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY <br />AFFECTED HIS SETTLEMENT WITH DEBTOR. <br /> <br />CLAIMANTS EACH HEREBY WAIVE APPLICATION OF CIVIL CODE SECTION <br />1542 (the "1542 Release"). <br /> <br />Claimants understand and acknowledge that the significance and consequence <br />of the 1542 Release is that even if the Claimants should eventually suffer additional <br />damages arising out of or in connection with the property damage allegedly incurred on <br />or about December 16, 2002, Claimants will not be permitted to make any further claim <br />for those damages. Furthermore, Claimants acknowledge that they intend these <br />consequences even as to unknown claims for damages arising out of or in connection <br />with the water damage allegedly incurred on or about December 16, 2002 that may <br />exist as of the date of this Agreement, and which, if known, would have materially <br />affected Claimants' decision to execute this agreement, regardless of whether <br />Claimants' lack of knowledge is the result of ignorance, oversight, error, negligence, or <br />any other cause on their part andlor their agent's part. <br /> <br />III <br /> <br />III <br /> <br />III <br /> <br />III <br /> <br />Atty/AgrlSettiement Agreement Parenti <br />051304 <br /> <br />2 <br />
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