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3. Release. In consideration of the performance of the parties o#' their respective <br />respo�sibitities set forth abov�, the �arties mutualiy agree to release eaclx other from any <br />Iiabiiity and claims whatsoever (knawn or unknown) arising out of or in any way relat�d <br />to th� Disp�te, the Lawsuit, ar any other matter related thereta. <br />4. No Admission of Liabili . It is understood and agreed that this Settiement Agreement <br />involves dispuied claims and #.�at there is no specific or general admissian of liability of <br />any nature whatsoever on the part of at�y party hereto. <br />5. Disrnissal with Fre'udice. The parties further agree tf2at the Lawsuit, and the clairns <br />contained therein or reiated thereto shaIl be dismissed with prejudice. Said dismissal <br />sha11 be pursuant to the Stipulation for Order, and Order for Dismissal With Prejudice <br />execvted by or an behalf of the parties to this Agreement substantially the same form as <br />the attached Exhibit D. <br />6. Bindin Nature• Successors and Assi . The terms ar�d provisions nf this Agreement <br />shail be binding upon the parti�es and their successors and assigns. <br />7. Count�arts. This Agreement �nay be executed in counterparts. <br />[Signature Page{s) Follows] <br />F:lusersUOFil�lah - misc11330 IO�Settiemeni docslSA - final.doc <br />2 <br />