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Everett shall encourage, and agrees not to impair,the cooperation of its directors, officers, and <br /> employees, and shall use its best efforts to make available,and encourage,the cooperation of <br /> former directors, officers, and employees for interviews and testimony, consistent with the rights <br /> and privileges of such individuals. EFD further agrees to furnish to the United States, upon <br /> request, complete and unredacted copies of all non-privileged documents,reports, memoranda of <br /> interviews, and records in its possession, custody, or control concerning any investigation of the <br /> Covered Conduct that it has undertaken, or that has been performed by another on its behalf. <br /> 9. This Agreement is intended to be for the benefit of the Parties only. The Parties <br /> do not release any claims against any other person or entity,except to the extent provided for in <br /> Paragraph 10 below. <br /> 10. Everett agrees that it waives and shall not seek payment for any of the health care <br /> billings covered by this Agreement from any health care beneficiaries or their parents, sponsors, <br /> legally responsible individuals, or third party payors based upon the claims defined as Covered <br /> Conduct. <br /> 11. Each Party shall bear its own legal and other costs incurred in connection with <br /> this matter, including the preparation and performance of this Agreement. <br /> 12. Each party and signatory to this Agreement represents that it freely and <br /> voluntarily enters in to this Agreement without any degree of duress or compulsion. <br /> 13. This Agreement is governed by the laws of the United States. The exclusive <br /> jurisdiction and venue for any dispute relating to this Agreement is the United States District <br /> Court for the Western District of Washington. For purposes of construing this Agreement,this <br /> Agreement shall be deemed to have been drafted by all Parties to this Agreement and shall not, <br /> therefore, be construed against any Party for that reason in any subsequent dispute. <br /> 6 <br />