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officers, directors, members, shareholders, agents, servants, insurers, parents, subsidiaries, <br /> affiliates, attorneys, and advisors of and from any and all liability for attorney's fees under the <br /> September 9, 2025 Final Judgment. In all other respects, however, the September 9, 2025 Final <br /> Judgment remains enforceable against and binding as to Pecos HFC. <br /> 2. The Parties expressly acknowledge and agree that Paragraph 1 is not intended to <br /> release, and does not release, any claims by any of the Parties for alleged breaches of this <br /> Agreement. By entering into this Agreement, the Parties do not intend to waive any claims for <br /> breach of this Agreement. <br /> D. Miscellaneous <br /> 3. Authority. Each signatory to this Agreement represents and warrants that such <br /> person is duly authorized to bind the Party for whom such person acts,and has the full right,power, <br /> and authority to enter into and execute this Agreement. <br /> 4. No Reliance. The Parties expressly represent and warrant that they are legally <br /> competent to execute this Agreement and that they do so of their own free will and accord,without <br /> reliance on any representation of any kind or character not expressly set forth herein. The Parties <br /> expressly waive any claim that this Agreement was induced by any misrepresentations or <br /> nondisclosure. <br /> 5. No Assignment. Each of the Parties represents and warrants that it or he/she is the <br /> i <br /> full and sole owner of the claims and causes of action referred to herein,and other than as described <br /> herein,has not assigned,transferred,or sold,or otherwise encumbered the claims,rights,and other <br /> matters released and/or covered by this Agreement. Further,no Party shall assign or sub-contract <br /> any of its or his/her rights under this Agreement,nor shall either Party delegate any of its or his/her <br /> duties hereunder, in whole or in part, without the prior written consent of the other Parties hereto. <br /> -3_ <br /> i <br />