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7 I F1 V. GENERAL 5. This Agreement and the releases contained herein and the payment of the monetary consideration referred to herein effect the settlement of claims which are denied and contested and neither anything contained herein nor the payment of any sum provided for herein shall be construed as an admission by a party hereto of any liability of any kind to the other party. Each party expressly denies that it is in any way liable or indebted to the other party, except as set forth herein. — 5.1 Each party acknowledges to the other party that it hff represented by independent legal counsel of its own choice throughout all of the ne�ations ich prerrded the execution of this Agreement and that it has executed this Agrgffiient with th62 n and on the advice of such independent legal counsel. Each party further dges thdMFand its counsel have had adequate opportunity to make whatever invest tr inquir�they may deem necessary or desirable in connection with the subject mat6W Tu's Ag�Pment�fior to the execution hereof and the delivery and acceptance of theZonsi spud herein. 5.2 This Agreement and any oth ocuments refeCmd to herein shall in all respects be interpreted, enforced and govemedly and ut tom_ of the State of California applicable to instruments, persons and transa(Mons whichY_ve legal contacts and relationships solely within the State of California. Couns hr all partieg►ave read and approved the language of this Agreement. The 1anI#EjFmftFir shall be construed as a whole according to its fair meaning, andiaiVstrictl L or against any of the parties. 5.3 The titlate fSh vamus articles of this Agreement are used for convenience of reference only and area intetidid tote shall not in any way enlarge or diminish the rights tie or obligations of the pars or affect - &e mearting or construction of this document. 5.4 = This�geemenfnay be executed in counterparts which, taken together, shall constitute -fine adifthe sement and shall be effective as of the date first written above. Signatures tr ansmitte d b y facsimile shall be deemed to be original signatures. 5.5 = Whenever in this instrument the context so requires, the masculine gender shall be deemed to re_ to and include the feminine and neuter, and the singular to refer to and include the pTural. —_ 5.6 This Agreement and the agreements referenced in paragraph 5. 1, above, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral. This Agreement may not be altered or amended except by an instrument in writing executed by all of the parties hereto. 5.7 Christine Walters represents and warrants to the City and Habitat that she is the legal guardian of Derek Walters, a minor, and that she has full authority to act on his behalf, to enter into this Agreement on his behalf, and to bind him to the terms of this Agreement, including but not limited to the releases contained in this Agreement. PA \10325411.1 9999050 - 900139