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No waiver of any of the provisions of this Agreement shall be deemed to <br />constitute a waiver of any other provision whether or not similar, nor shall <br />waiver constitute a continuing waiver. Nowaiver shall be binding unless <br />executed in writing by the parties making the waiver. <br />10. Binding on Successors. This Agreement and the covenants and conditions <br />contained herein shall obligate, bind., extend to and inure to the, benefit of the <br />parties and each of their respective successors in interest, including, but not <br />limited to, their administrators, executors, owners, partners, officers, <br />directors, shareholders, legal representatives, assignees, attorneys, <br />successors, and agents or employees of the parties hereto. <br />It. Representation of Claimants. Settling plaintiff's affirmatively represent that <br />they have been represented by counsel of their own choosing. Settling <br />plaintiffs have read this Agreement and have had the terms used herein and <br />the consequences thereof explained by their attorneys of choice. <br />12. Construction. This Agreement shall not beconstrued against the party <br />preparing it, but shall be construed as if all parties jointly prepared this <br />Agreement. Any uncertainty and ambiguity shall not be interpreted against <br />any one party. This .Agreement is to be performed in California and it is to <br />be interpreted, enforced, and governed by and under the laws of the State of <br />California. <br />13. .tta eys' Pecs and Costs. All attorneys' fees, expert fees and costs <br />incurred by settling plaintiffs through the date of this Agreement that relate <br />in, any way to the Chou action are included in the settlement amount set forth <br />in paragraph 1 above. Should suit be brought to enforce or interpret any part <br />of this Agreement, the prevailing, party shall be entitled to recover attorneys' <br />fees. <br />14. No Admission ofLiabili . This Agreement and the releases contained <br />herein and the consideration referred to herein are done to save litigation <br />expense and to affect the compromise and settlement of claims and defenses <br />which are denied, disputed, and contested. Nothing contained herein shall <br />be construed as an admission by any party of any liability of any bind to any - <br />other party. The parties agree that each party expressly denies that it is in <br />any way liable or indebted to any other party and no person interpreting this <br />Agreement shall be able to infer that any party has engaged in any conduct <br />giving rise to liability to any other party. <br />