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<br />b. Warranties ofUnderstandint:. Full Disclosure. and Representation <br />by and Opportunity for Consultation with Counsel. The City and <br />the EI Paso Parties hereto represent and warrant: (i) that they have read <br />this Release and Settlement Agreement and fully understand it; (ii) that <br />they have been represented by Counsel, and had the opportunity to <br />consult with their Counsel; (iii) that they have agreed to be fully bound <br />according to the terms of this Release and Settlement Agreement. The <br />City and the EI Paso Parties acknowledge that they have had the <br />opportunity to consult with their legal counsel regarding the entire <br />contents of this Release and Settlement Agreement, as well as the legal <br />consequences of this Release and Settlement Agreement. In approving <br />the execution of this Release and Settlement Agreement, the City and <br />the EI Paso Parties are relying on its own judgment, have been <br />represented at all times by competent and able Counsel and have had <br />the full opportunity to consult with their respective legal counsel in this <br />matter. <br /> <br />c. Acknowledgment of No Other Promises or Agreements and Disclaimer <br />of Reliance. The City and the EI Paso Parties expressly warrants and <br />represent that no promise or agreement which is not herein expressed <br />has been made to the City or the EI Paso Parties in exchange for <br />entering into and executing this Release and Settlement Agreement, and <br />that the City and the EI Paso Parties are relying upon any statement or <br />representation of any agent of or Counsel for the other parties being <br />released hereby. In making the decision to settle and by approving the <br />execution of this Release and Settlement Agreement, the City and the <br />EI Paso Parties have relied on their own knowledge and judgment and <br />that of their legal counsel, and not in reliance upon any representation, <br />warranty, advice, or statement of any kind made by or on behalf of the <br />other parties or their Counsel, unless and except to the extent that such <br />representation, warranty, advice, or statement is expressly contained in <br />this Release and Settlement Agreement. <br /> <br />12. NO MODIFICATION. This Full and Final Release and Settlement Agreement shall <br />not be modified unless any such modification is made in writing and signed by all the <br />parties hereto or their counsel. <br /> <br />13. BINDING UPON SUCCESSORS. This Full and Final Release and Settlement <br />Agreement shall be binding on, inure to the benefit of, and be enforceable by, the <br />Settling Parties and their successors, heirs, assigns, trustees, administrators, and legal <br />and personal representatives. <br /> <br />-7- <br />