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9 This individual Release, and any dispute arising out of or related to this Individual Release,shall be governed by and interpreted accordinglo the Federal Rules of Civil procedure andapplicable jurisprudence relating thereto, and the laws of the State of New Jerseynotwithstanding its conflict of law provisions. Once it becomes binding on me, thisIndividual Release will be binding upon my successors, transferees, and asslgns.
<br />In the event that I am not bound by the Release in the Class Action Agreements, any mattersconcerning this Individual Release, including any disagreement as to whether thisIndividual Release is effective, shall be settled Uy UinAing arbitration. The arbitrator shallaward to the prevailing party all of its attorn.ys;fee, and costs, and its share of the costs
<br />and administrative fees due to the arbitrator.
<br />I expressly agree that this Individual Release is, and may be raised as, a complete defenseto, and will preclude, any lawsuit, action, or othlr proceeding invoiving claims
<br />encompassed by this Individual Release. I shall not now or hereaftei institute, maintain,prosecute, assert, and/or cooperate in the institution, commencement, filing, or prosecution
<br />of any suit, action, andlor other proceeding against the Released parties with respect to theclaims, causes of action, and/or any othei *utters subject to this Individual Release. Tothe extent that I have initiated, or caused to be initiaied, any suit, action, or proceeding
<br />subject to this Individual Release that is not already encompassed by the Action, I shallpromptly cause my claims in any such suit, action, or proceeding to be dismissed withprejudice. If I commence, file, initiate, or institute any legalactionir other proceeding forany Released Claim against any Released Party in any federal or state court, arbitraltribunal, or administrative or other forum, (l) suth legaiaction or other proceeding shall
<br />be dismissed with prejudice at my cost; (2) any refusil or failure to immediately dismisssuch.claims shall provide a basis for any Released Party to seek an injunction, sanctions,
<br />or other appropriate relief; and (3) the respective Released Party shall bl entitlej to recover
<br />any and all reasonable related costs and expenses from me arising as a result of my breachof my obligations under this Individual Release.
<br />I represent and warrant that I have carefully read and understand this Individual Releaseand that I execr'rted it freely, voluntarily, and without being pressured or influenced by, orrelying on, any statement or representation made by any p.iron or entity acting on behalfof any Released Party. I certify that I understand itrut i ttuu. the right io .onrirlt with anattorney of my choice before signing this Individual Release.
<br />I represent and warrant that I have authority to execute this Individual Release and that I
<br />am the sole and exclusive owner of all claims that I am releasing pursuant to this Individual
<br />Release. I acknowledge that I have not assigned, pledged, or in uny manner whatsoever,
<br />sold, transferred, assigned or encumbered any right, titlJ, interest or tlaim arising out of or
<br />in any way whatsoever pertaining to the gtuifeC Diesel Matter, including withoutlimitation, any claim for benefits, proceeds, or value under the Action or the BlueTEC
<br />Diesel Matter' I am not aware of anyone other than myself claiming any interest, in wholeor in part, in any benefits, proceeds, or values to whicir I may Ue entittea as a result of theAction or BlueTEC Diesel Matter. I agree to hold the Released Parties harmless and agreeto indemnifu and defend the Released Parties from all claims, liability, loss, cost, orexpense' including attorney fees, incurred in the future due to the assertion by anyone ofany claim, including any claim for damages, based on such person's alleged ownership of,or interest in, the claims that I am releasing pursuant to this Individual Release,
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