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any prior agreement between the Parties to the extent such prior agreement contains a broader <br /> release, hold harmless provision or other protection of the Insurers. <br /> D. No Presumptions of Agreement. This Agreement was reviewed and approved <br /> as to form by attorneys for each of the Parties, and the Parties intend that there be no <br /> presumption or construction against either Party. Neither Party will be deemed to be the drafter <br /> of this Agreement or of any particular provision, and no part of this Agreement is to be construed <br /> against a Party based on the Party's identity as an insurance company or as the drafter of any part <br /> of this Agreement. <br /> E. No Modification. This Agreement may not be amended or modified other than <br /> by written agreement agreed to and signed on behalf of both Parties. <br /> F. Additional Documents. The Parties hereby agree to promptly execute, deliver, <br /> file and record any and all other and further instruments and documents which may be necessary <br /> to give full force and effect to the terms and intent of this Agreement and/or to cure any defect in <br /> the execution and delivery of this Agreement and the documents referenced herein. <br /> G. Counterparts & Electronic Signatures. This Agreement may be executed in <br /> multiple counterparts, each of which will be deemed to be an original and each of which will <br /> represent the executing Party's commitment to the entire Agreement. The Parties agree that a <br /> facsimile or electronic signature (e.g. PDF signature) shall have the same effect as an original <br /> "wet" signature. <br /> H. Section Headings. Section headings herein are for organizational purposes only <br /> and are not intended to be construed to give meaning to any provision of this Agreement. <br /> XII. NOTICE <br /> Any notice required pursuant to this Agreement will be sent by U.S. Mail or overnight <br /> Settlement Agreement and Site Release <br /> Page—14 <br /> 2625918/1470.0003 <br />