05-L TXU Settlement - Laserfiche WebLink

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