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positions. This Agreement is not, and must not be construed as, an acknowledgment of coverage <br /> under the Policies, or as a waiver of any policy terms or conditions or any defenses to coverage <br /> available to Great American arising out of any Claims. Nothing in this paragraph is to be <br /> interpreted to restrict the right of either Party to introduce evidence predicated on a breach of this <br /> Agreement or to provide proof as to the fact of settlement provided herein. With respect to rights <br /> and obligations regarding all matters outside the scope of this Agreement or regarding any non- <br /> Party, the Parties each reserve all positions and all rights, defenses and privileges. <br /> B. No Precedential Effect. This Agreement will have no precedential effect and is <br /> not, and must not be used as, evidence regarding the rights, obligations or defenses of any Party <br /> as to any other Claims. This Agreement is a negotiated settlement of disputed Claims and is not <br /> intended to and must not be construed as an insurance policy. Rather, it is in the interest of the <br /> Parties in entering into this Agreement merely to resolve this matter and to avoid incurring <br /> further expenses in connection with this dispute. This Agreement is intended to fall within the <br /> protection afforded compromises and offers to compromise by Rule 408 of the Federal Rules of <br /> Evidence and corresponding state rules. <br /> C. Integration. This Agreement, including its exhibits, represents an integrated <br /> agreement and constitutes the entire agreement and understanding between the Parties. The <br /> Parties expressly agree that this Agreement shall prevail over and supersede any prior <br /> communications, correspondence, memorializations of agreement and/or previous agreements <br /> regarding the matters contained herein. Except as explicitly set forth in this Agreement, no <br /> representations, warranties or inducements, whether oral or written, express or implied, shall in <br /> any way affect or condition the validity or interpretation of this Agreement. Notwithstanding the <br /> foregoing, the Parties agree that this Agreement shall not modify, supplement, revise or replace <br /> Settlement Agreement and Site Release <br /> Page—13 <br /> 2625918/1470.0003 <br />