Settlement Agreement

section 7. notices. any notice under this agreement shall be in writing and shall be effective when actually delivered in person, or the next business day for notices sent by telefax and promptly confirmed in a manually signed writing, or three (3) days after being deposited in the mail, registered or certified, postage prepaid and addressed to the party at the address stated in this agreement or such other address as any party may designate by written notice to the other.

section 8. waiver. failure of any party at any time to require performance of any provision of this agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of any provision or a waiver of the provision itself for any other provision.

section 9. assignment. except as otherwise provided within this agreement, neither party hereto may transfer or assign this agreement without prior written consent of the other party.

section 10. presumption. this agreement or any provision thereof shall not be construed against any party due to the fact that said agreement or any provision thereof was drafted by said party.

section 11. titles and captions. all article, section and paragraph titles or captions contained in this agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this agreement.

section 12. pronouns and plurals. all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require.

section 13. entire agreement. this agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.

section 14. agreement binding. this agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

section 15. further action. the parties hereto shall execute and deliver all documents, provide all information and take or forbear from all such action as may be necessary or appropriate to achieve the purposes of this agreement.

section 16. parties in interest. except as expressly provided herein as to ccc, nothing herein shall be construed to be to the benefit of any third party, nor is it intended that any provision shall be for the benefit of any third party.