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<br />8. It is understood and agreed that each party's release of claims against <br />the other party is expressly made contingent upon the opposing party's complete <br />performance of the covenants, conditions, and agreements set forth herein. <br />9. This Agreement has been reviewed by counsel for each party and <br />approved as to form and content. Accordingly, this Agreement shall be deemed to <br />have been jointly drafted by the parties for the purposes of applying any rule of <br />construction to the effect that ambiguities are to be construed against the draftsman. <br />10. This Agreement is performable in Texas and shall be construed under <br />the laws of Texas. <br />11. If any provision of this Agreement is prohibited by law, such prohibition <br />shall not affect the validity of the remaining provisions of this Agreement. <br />12. All representations, covenants and obligations contained herein shall <br />survive the execution of this Agreement. <br />13. IT IS UNDERSTOOD AND AGREED THAT THIS AGREEMENT <br />CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND <br />SUPERSEDES ANY AND ALL PRIOR AGREEMENTS, ARRANGEMENTS, OR <br />UNDERSTANDINGS BETWEEN THE PARTIES RELATING TO THE <br />SUBJECT MATTER. NO ORAL UNDERSTANDINGS, STATEMENTS, <br />PROMISES OR INDUCEMENTS CONTRARY TO THE TERMS OF THIS <br />AGREEMENT EXIST. THIS AGREEMENT CANNOT BE CHANGED, <br />ALTERED OR TERMINATED ORALLY. <br />Compromise, Settlement and Release Agreement Page 5 <br />f-89707.1 <br />