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able to carry out this agreement and to divide equally
between the parties any community assets or liabilities
omitted from division under this agreement.
VII. ADVICE OF COUNSEL:
The parties recognize that the termination of the
marriage, division of marital property, and payment
agreement will be determined by this instrument. We
recognize that we each have a right to seek advice from
independent counsel of our own choosing and that we
knowingly and with due regard for the importance of
same have elected to proceed with this agreement.
* * * * * * *
IX. PRESENTATION TO COURT:
This agreement shall be presented to the court in any
divorce proceeding between the parties, it shall be
incorporated in the Judgement therein, the parties
shall be ordered to comply with all its provisions, and
all warranties and remedies provided in this agreement
shall be preserved.
X. DISCLOSURES:
Each party has made a full and honest disclosure to the
other of all current finances and assets, and each
enters into this agreement in reliance thereon. Each
warrants to the other and declares under penalty of
perjury that the assets and liabilities divided in this
agreement constitute all of their community assets and
liabilities.
XI. BINDING EFFECT:
This agreement, and each provision thereof, is ex-
pressly made binding upon heirs, assigns, executors,
administrators, representatives, and successors in
interest of each party.
During 1993, petitioner made payments by check to or on
behalf of Ms. Croteau that totaled $33,368. Of that total
amount, $10,642 was paid pursuant to that portion of the agree-
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