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[PAGE 2 OF MUTUAL RELEASE AND SETTLEMENT AGREEMENT] <br />4. CFSI and its bankruptcy estate hereby release Honnen <br />Equipment from any and all obligations, indebtedness, liability, <br />causes of action, damages, claims or demands whatsoever, whether <br />or not presently know or suspected, due or undetermined, which <br />arise in or in any way relate directly or indirectly to the <br />Adversary Proceeding. <br />5. Honnen Equipment has informed CFSI that Honnen <br />Equipment believes CFSI is indebted to it in the amount of <br />$4,446.00 on account of goods allegedly ordered by CFSZ from <br />Honnen Equipment and allegedly unpaid for. The parties agree <br />1) that the dispute, if such actually exists, referenced in this <br />paragraph 5 is unrelated to the Adversary Proceeding, and 2) that <br />this Agreement is not intended to effect a release by either <br />party of any claims or defenses either party may have concerning <br />the dispute or alleged dispute referenced in this paragraph 5. <br />6. This Agreement is an integrated writing and represents <br />the complete agreement of CFSI and Honnen Equipment. Other than <br />as set forth herein, neither CFSI nor Honnen Equipment makes any <br />promises, representations, or warranties to the other of any <br />kind. <br />7. This Agreement shall be effective against or enforce- <br />able by the parents, affiliates, successors, predecessors in <br />interest, assignors and assignees of CFSI and its bankruptcy <br />estate. To the extent such parties are not encompassed within <br />the scope of the immediately preceding sentence, this Agreement <br />shall further be effective against or enforceable by purchasers <br />of assets from CFSI and its bankruptcy estate. <br />8. This Agreement shall be effective against or enforce- <br />able by the parents, affiliates, successors, predecessors in <br />interest, assignors and assignees of Honnen Equipment. <br />9. This Agreement may be signed in counterpart by both <br />CFSI and Honnen Equipment. <br />10. This Agreement is a compromise and settlement of <br />contested claims. No action taken by the parties hereto, either <br />previously or in connection with the compromise reflected in this <br />Agreement, shall be deemed or construed to be an admission of the <br />truth or falsity of any matter pertaining to any claim or demand <br />referred to herein, or any acknovledgement by any party of any <br />liability to any other party hereto or to any other person. <br />11. This Agreement is to be governed by Utah law. <br />