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provision shall continue to be valid and effective and shall be enforceable to the fullest extent <br />permitted by law. <br />10. Entire Agreement. This Agreement constitutes the complete understanding of <br />the parties hereto and supersedes any and all prior agreements, promises, representations, or <br />inducements, whether oral or written, concerning its subject matter. No promises or agreements <br />made subsequent to the execution of this Agreement by these parties shall be binding unless <br />reduced to writing and signed by an authorized representative of each party. <br />11. Enforcement. In the event any action is commenced to enforce said Settlement <br />Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. <br />12. Voluntariness. Plaintiff certifies that Plaintiff has fully read, negotiated, and <br />completely understands the provisions of this Agreement, that Plaintiff has been advised by <br />Defendant to consult with an attorney before signing the Agreement, and that Plaintiff is signing <br />freely and voluntarily, and without duress, coercion, or undue influence. <br />13. Acceptance: Plaintiff hereby expressly agrees that the settlement payments are <br />being accepted by the employee as full and complete consideration for all of the employee's <br />claims under the FLSA and state wage and hour law, whether asserted in the Civil Action or <br />otherwise that no other overtime payments, wages, tips or other compensation is due and owing <br />from Defendant, and that Plaintiff will not be entitled to any additional amounts from Defendant <br />pursuant to the FLSA or state wage and hour law. <br />14. Counterparts: This Agreement may be executed in multiple counterparts, each <br />of which shall constitute an original, and all of which shall constitute one single Agreement. <br />Faxed transmissions and /or copies of the signature block shall be deemed enforceable. <br />[remainder of page intentionally left blank] <br />3 of 4 <br />