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1. <br />5 <br />This Individual Release supplements the Release and associated provisions set fodh in <br />Section l0 of the class Action Agreements. It does not supersede them. <br />I expressly understand and acknowledge that this Individual Release applies to claims of <br />which I might not presently be aware. I expressly understand and acknowledge Section 1542 <br />of the Califomia Civil Code, which provides: "A general release does not extend to claims <br />which the creditor does not know or suspect to exist in his or her favor at the time of <br />executing the release, which if known by him or her must have materially affected his <br />or her settlement with the debtor." I acknowledge that I am aware of the contents and <br />effect of Section 1542 of the California Civil Code and have considered the possibility that <br />the number, nature, or magnitude of all claims may not currently be known. To ensure that <br />this Individual Release is interpreted fully in accordance with its terms, I expressly waive <br />and relinquish any and all rights and benefits that I may have under Section 1542 of the <br />Califomia Civil Code to the extent that such section may be applicable to the Individual <br />Release and likewise expressly waive and relinquish any rights or benefits of any law of any <br />state, territory, county, municipality, or city of the United States, federal law or principle of <br />common law, or of international, foreigfl, or tribal law, which is similar, comparable, <br />analogotts, or equivalent to Section 1542 of the Califomia Civil Code to the extent that such <br />laws or principles may be applicable to the Individual Release. <br />I expressly understand and acknowledge that I may hereafter discover claims <br />presently unknown or unsuspected, or facts in addition to or different from those that <br />I norv know or believe to be true, related to the BlueTEC Diesel Mattero the Released <br />Claims, and/or the Individual Release. Nevertheless, it is my intention to fully, finally, <br />irrevocably, and forever releaseo waive, discharge, relinquish, settle, and acquit all <br />Released Claims which exist, hereafter may exist, or might have existed (whether or <br />not previously or currently asserted in any action or proceeding). This includes, <br />without limitation, any claims I have or may have with respect to the BlueTEC Diesel <br />Matter under the Trade Regulation Rule Concerning the Preservation of Consumers' <br />Claims and Defenses, l6 C.F.R. S 433.2 (the "Holder Rule"). <br />This Individual Release shall remain effective regardless of any judicial, quasi-judicial, <br />arbitral, administrative, regulatory, or other decision relating to the liability of any Released <br />Party in connection with the BlueTEC Diesel Matter and shall be binding on me immediately <br />tlpon my receipt of the Class Member Payment made to me under the Class Action <br />Agreements. It for any reason, I receive the Class Member Payment under one Class Action <br />Agreement but not the other, this Individual Release shall be immediately effective and binding <br />as to the Released Claims against the Released Parties as those terms are defined by the Clasi <br />Action Agreement under which I receive the Class Member Payment. For the avoidance of <br />dotrbt, this Individual Release shall remain effective even if the Court does not enter the Final <br />Approval Order, the Final Approval Order is reversed and/or vacated on appeal, or if the Class <br />Action Agreements are abrogated or otherwise voided in whole or in part. <br />This lndividual Release waives or releases any right to receive further monetary <br />compensation beyond the Class Member Payment under the Class Action Agreements or <br />to pursue additional benefits under the Class Action Agreements, or in any other manner <br />relating to the BlueTEC Diesel Matter, except to the extent I submit a Valid Claim for <br />another vehicle I own or lease (or formerly owned or leased) that is eligible for <br />compensation under the Class Action Agreements. <br />6 <br />7 <br />8. <br />-3 -