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and assigns, of and from any and all liability or damages arising out of any matter, <br /> act, or occurrence prior to the date hereof; provided, however, that it is understood <br /> that St. Anthony is not releasing any claims for damages incured after the date <br /> hereof resulting from defects in the design or construction of the Project or breaches <br /> of any warranty which St. Anthony discovers after the date hereof. <br /> 4. Notwithstanding anything apparently to the contrary herein, <br /> neither party is releasing the other of and from any right to indemnity or <br /> contribution arising out of a personal injury, death, or property damage claim <br /> asserted by a third party. <br /> 5. The parties agree that the settlement of certain claims by this <br /> Agreement does not constitute, and shall not be construed as, any admission of <br /> • liability or fault whatsoever by any party, and that the purpose of this Agreement is <br /> to amicably resolve disputes without incurring the time and expense of litigation. <br /> No person not a party to this Agreement has any rights under this Agreement or <br /> shall be considered to be a beneficiary of it. <br /> 6. The parties acknowledge and agree that they have read this <br /> Agreement, that they each have been represented by independent counsel, that they <br /> understand and fully agree to each, all, and every provision hereof, and that they <br /> have received a copy of this Agreement. This Agreement may not be amended <br /> orally. <br /> 3 <br />