IS
INTENDED TO SUPERCEDE ALL PREVIOUS ORAL AGREEMENTS CONCERNING SETTLEMENT.
NONE
OF THE SETTLING PARTIES HAS MADE ANY STATEMENT, REPRESENTATION, OR WARRANTY IN
CONNECTION HEREWITH, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WHICH HAS BEEN RELIED
UPON BY ANY OF THE OTHER SETTLING PARTIES HERETO OR WHICH ACTED AS AN INDUCEMENT
FOR THE OTHER SETTLING PARTIES TO ENTER INTO THIS AGREEMENT; AND EACH OF THE
SETTLING PARTIES AGREES IT IS NOT IN FACT RELYING UPON ANY SUCH STATEMENTS,
REPRESENTATIONS, OR WARRANTIES, OR ANY OTHER EXPECTATIONS, UNDERSTANDINGS OR
AGREEMENTS OTHER THAN THOSE EXPRESSLY SET FORTH OR INCORPORATED BY REFERENCE IN
THIS AGREEMENT.
THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MUTUALLY PREPARED
BY THE SETTLING PARTIES, AND SHALL NOT BE CONSTRUED AGAINST ANY OF THEM BY
REASON OF AUTHORSHIP.
THIS AGREEMENT AND THE RELEASES CONTAINED HEREIN MAY BE
AMENDED OR MODIFIED ONLY BY A WRITTEN AGREEMENT EXECUTED BY OR ON BEHALF OF ALL
THE SETTLING PARTIES HERETO THAT UNEQUIVOCALLY INDICATES THE SETTLING PARTIES'
INTENTION TO MODIFY THIS AGREEMENT.
NO WAIVER OF ANY BREACH OF THIS AGREEMENT
OR THE RELEASES CONTAINED HEREIN SHALL BE CONSTRUED AS AN IMPLIED AMENDMENT OR
AGREEMENT TO AMEND OR MODIFY ANY PROVISION OF THIS AGREEMENT.
22.
ASSIGNMENTS, PREDECESSORS, SUCCESSORS AND
ASSIGNS.
THE TERMS OF THIS AGREEMENT SHALL INURE TO THE BENEFIT OF, AND BE
BINDING UPON, THE DEATONS, THE DEATON RELATED ENTITIES, SETTLING PARTIES AND
THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, EXCEPT IT SHALL NOT INURE TO THE BENEFIT
OF OR BE BINDING UPON THIRD PARTIES G. EDWARD HENRY II, HENRY WATZ GARDNER
SELLARS & GARDNER, PLLC MICHAEL SULFRIDGE, CHERYL HUBBARD, SUSAN CASSIDY, JACK
CLOYD, OR CLOYD & ASSOCIATES, .
23.
SEVERABILITY.
SHOULD ANY CLAUSE, SENTENCE,
PROVISION, PARAGRAPH OR PART OF THIS AGREEMENT OR ITS ANNEXES FOR ANY REASON
WHATSOEVER BE DECLARED OR DETERMINED FINALLY BY ANY COURT OF COMPETENT
JURISDICTION, OR BY ANY OTHER COMPETENT GOVERNMENTAL AUTHORITY HAVING
JURISDICTION, TO BE ILLEGAL OR INVALID OR UNENFORCEABLE, THE VALIDITY OF THE
REMAINING PARTS, TERMS, OR PROVISIONS SHALL NOT BE AFFECTED, IMPAIRED OR
INVALIDATED THEREBY, AND SUCH DETERMINATION OF ILLEGALITY, INVALIDITY OR
UNENFORCEABILITY SHALL BE CONFINED IN ITS OPERATION TO THE SPECIFIC CLAUSE,
SENTENCE, PROVISION, PARAGRAPH OR PART OF THIS AGREEMENT DIRECTLY INVOLVED.
SUCH ILLEGAL OR INVALID PART, TERM, OR PROVISION SHALL BE DEEMED NOT TO BE A
PART OF THIS AGREEMENT AND ITS ANNEXES, AND THE REMAINDER OF THE AGREEMENT AND
ANNEXES, WHEREVER PRACTICABLE, SHALL REMAIN IN FULL FORCE AND EFFECT.
24.
CONSTRUCTION.
THE SOURCECORP PARTIES, THE
DEATONS, AND THE DEATON RELATED ENTITIES EACH ACKNOWLEDGES TO THE OTHER THAT
EACH UNDERSTANDS THE FINAL AND PERMANENT EFFECT OF THIS INSTRUMENT.
EACH
SETTLING PARTY HERETO HAS MADE ITS OWN INVESTIGATION OF THE FACTS AND HAS
CONSULTED WITH WHATEVER CONSULTANTS, ATTORNEYS OR OTHER ADVISORS EACH DEEMS IS
APPROPRIATE IN CONNECTION WITH THE EFFECT OF THIS AGREEMENT, IS RELYING SOLELY
UPON SUCH ADVICE AND ITS OWN KNOWLEDGE, AND ASSUMES THE RISK ARISING FROM NOT
SEEKING FURTHER ADDITIONAL CONSULTATION WITH SUCH ADVISORS.
THE SETTLING
PARTIES HERETO FURTHER ACKNOWLEDGE THAT THEY HAVE HAD INPUT INTO