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<br />released pursuant to this Agreement or any matters related thereto executed by the parties, including <br />I <br />the Memorandum of Understanding dated January 31, 2002 signed by counsel for the Plaintiffs and <br /> <br />the TXU Defendants. <br /> <br />11. The parties acknowledge and agree that the terms of this Agreement are all contractual and <br /> <br />not mere recitals. <br /> <br />12. The parties acknowledge that they have read this Agreement, understand its terms, and that <br /> <br />this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal <br /> <br />significance. <br /> <br />13. This Agreement may not be modified in any manner, nor may any rights provided for herein <br /> <br />be waived, except by an instrument in writing signed by each party. <br /> <br />14. This Agreement shall be binding upon and shall inure to the benefit of the parties and their <br /> <br />respective successors and assigns. <br /> <br />15. Should any term or any provision of this Agreement be declared invalid by a court of <br /> <br />competent jurisdiction, the parties agree that all other terms ofthis Agreement are binding and have <br /> <br />full force and effect as if the invalid portion had not been included. <br /> <br />16. The parties represent and warrant that no party has been induced to enter this Agreement by a <br /> <br />statement, action or representation of any kind or character made by the persons or entities released <br /> <br />under this Agreement or any person or persons representing them, other than those expressly made in <br /> <br />this Agreement. <br /> <br />17. It is understood and agreed that this Agreement may be executed in a number of identical <br /> <br />counterparts, each of which shall be deemed an original for all purposes. <br /> <br />18. The headings contained herein are for convenience and reference only and are agreed, in no <br /> <br />way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. <br /> <br />19. This Agreement shall be construed in accordance with the laws of the State of Texas. <br /> <br />COMPROMISE. SETILEMENT AND RELEASE AGREEMENT - Pal!e 8 <br />