4.1 Except as otherwise provided in sections 1, 2 and 3 above, in consideration of the execution of this Agreement, NHCLC and BETZ, for themselves, their successors, assigns, and anyone claiming through or under them, hereby remise, release, acquit and forever discharge each other individually and collectively, and all of their predecessors, successors, assigns, heirs, executors and administrators, and the Network (as the case may be), and all of their past, present and future associates, owners, stockholders,
representatives of and from any and all manner of action or actions, cause or causes of action, in law or in equity, arbitrations, suits, debts, liens and contracts, agreements, promises, liabilities, claims, demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which they, individually or collectively, have, or may hereafter have against each other by reason of any matter, cause or thing whatsoever, from the beginning of time to the date hereof, including all matters, causes or things whatsoever, that were or have been, or could have in any way been alleged in any pleading filed in any arbitration proceeding or suit, which are related to the Invoices or the Web-site, except for those matters expressly excepted herein.
4.2 CIVIL CODE RELEASE
It is further understood and agreed that NHCLC and MT each individually and collectively, for all matters except as specifically set out herein relating to the Invoices and the Web-site hereby expressly waive all rights under Section 1542 of the Civil Code of California, and any similar law of any state or territory of the United States. Said Section reads as follows:
“Section 1542. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
5. PAYMENT TO MT
Conditional upon the veracity of the representations made by MT to NHCLC, on behalf of its franchisee, NHCLC shall pay to MT the sum of two thousand six hundred and five dollars ($2,605) within five days of receipt of an original executed version of this Agreement complete with an Exhibit A also signed by MT.
Time is of the essence respecting performance under this Agreement. Failure to comply with any of the provisions of this Agreement shall constitute a material breach hereof and shall entitle NHCLC or MT to any of the remedies provided in this Agreement or such as may be available at law or in equity.
If any provision of this Agreement is declared void, or is otherwise unenforceable, such