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ATTY/AGR/SETTLEMENTS/2023/WESTPOINT HARBOR/WESTPOINT HARBOR SETTLEMENT AGREEMENT REV: 07-26-23 VR Page 4 of 7 Notwithstanding the provisions of Section 1542 and all similar provisions in California or in any other state of the United States or District of Columbia or in any foreign jurisdiction, the Parties understand and agree that the releases set forth in Section 5 above are intended to include any and all Claims, whether known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, reckless, intentional, with or without malice or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts or Claims. Furthermore, the releases set forth in Section 5 above shall remain valid and enforceable notwithstanding the fact that any Party may hereafter discover facts other than or different from those which it believes to be true with respect to the Claims that are the subject matter of these releases. The Parties acknowledge that the foregoing waivers were separately bargained for and are a material element of the settlement of which the releases set forth in Section 5 above are a part. 7) Authority; No Prior Assignment; No Pending Claims. a) Westpoint hereby warrants and represents to City that: (a) the person executing this Agreement on its behalf is duly authorized, and has full power and authority, to bind Westpoint and to impose the obligations and to give the releases contained herein; (b) all corporate or partnership formalities and approvals required to authorize Westpoint’s entry into and performance of this Agreement have been undertaken; (c) Westpoint has not assigned any of the Claims released under this Agreement; (d) the entry into and performance of this Agreement is not barred, prohibited, or impaired by law, rule, regulation, contract, covenant, agreement, judgment, order, or decree by which such Westpoint is bound; and (e) Westpoint does not have any pending lawsuits or other actions with any court or government agency relating to any of the Claims released under this Agreement. b) City hereby warrants and represents to Westpoint that: (a) the person executing this Agreement on its behalf is duly authorized, and has full power and authority, to bind such City and to impose the obligations and give the releases contained herein; (b) all governmental, corporate or partnership formalities and approvals required to authorize City’s entry into and performance of this Agreement have been undertaken; (c) City has not assigned any of the Claims released under this Agreement; (d) the entry into and performance of this Agreement is not barred, prohibited, or impaired by law, rule, regulation, contract, covenant, agreement, judgment, order, or decree by which such City is bound; and (e) City does not have any pending lawsuits or other actions with any court or government agency relating to any of the Claims released under this Agreement. 8) Representation of Comprehension of Document. In entering into this Agreement, the undersigned represent that they have relied upon the legal advice of their attorneys, and that the terms of this Agreement have been read and explained to them by their attorneys and these terms are fully understood and voluntarily accepted by them. The undersigned further agree that the terms of this Agreement were negotiated at arm’s length and in good faith by the undersigned, and reflect a settlement that was reached voluntarily based upon adequate