execution copy it is the parties intent in giving this release to expressly waive and relinquish all rights and benefits under section 1542 and any law or legal principle of similar effect in any jurisdiction with respect to claims released hereby. 3. negotiations and discussions. the existence of any and all negotiations leading up to this agreement as well as all discussions held subsequent to the execution of this agreement shall be subject to federal rule of evidence 408, a copy of which is attached hereto. 4. further assurances ; delivery of instruments. each of the parties hereto agrees to authorize, and to promptly execute and deliver, such documents or instruments as any party may reasonably request in order to evidence the termination of the documents. 5. representations and warranties. each person signing this agreement on behalf of a party which is a corporation, trust, limited liability company, partnership or other entity represents and warrants to the other parties that such person has been duly authorized to execute and deliver this agreement on behalf of the party for whom it is signing and to bind that party to the terms of this agreement. 6. payment. the amount due under this agreement shall be paid by wire transfer of immediately available funds to the following account : citibank, n. a. 399 park avenue new york, ny 10043 clifford chance us llp account number : 30440197 swift code : citius33 aba number : 021000089 invoice # : 512922 7. non - disparagement. each party hereto agrees that, except as required by applicable law or the rules of any stock exchange or trading market applicable to such party, or compelled by process of law, at any time following the date hereof, neither it, nor any person acting on its behalf, shall hereafter ( i ) make any derogatory, or disparaging statement about the other party or any of the other party ’ s current officers, directors, employees, shareholders, lenders or counsel or any persons who were officers, directors, employees, shareholders, lenders or counsel of the other party ; or ( ii ) without the other party ’ s prior written consent, issue any press release concerning the other party or the past or present officers, directors, employees, shareholders, lenders or counsel of the other party. 8. counterparts. this agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each