MATT CHOU ET AL - BRADLEY IDELSHON, MARLA JAMES, DAVID JAMES, AND SKY HIGH HOLISTIC - 2016

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No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision whether or not similar, nor shall waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the parties making the waiver. 10. Binding on Successors. This Agreement and the covenants and conditions contained herein shall obligate, bind, extend to and inure to the benefit of the parties and each of their respective successors in interest, including, but not limited to, their administrators, executors, owners, partners, officers, directors, shareholders, legal representatives, assignees, attorneys, successors, and agents or employees of the parties hereto. . 11. Representation of Claimants. Settling plaintiffs affirmatively represent that they have been represented by counsel of their own choosing. Settling plaintiffs have read this Agreement and have had the terms used herein and the consequences thereof explained by their attorneys of choice. 12. Construction. This Agreement shall not be construed against the party preparing it, but shall be construed as if all parties jointly prepared this Agreement. Any uncertainty and ambiguity shall not be interpreted against any one party. This Agreement is to be performed in California and it is to be interpreted, enforced, and governed by and under the laws of the State of California. 13. Attorneys' Fees and Costs. All attorneys' fees, expert fees and costs incurred by settling plaintiffs through the date of this Agreement that relate in any way to the Chou action are included in the settlement amount set forth in paragraph 1 above. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover attorneys' fees. 14. No Admission of Liability. This Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to affect the compromise and settlement of claims and defenses which are denied, disputed, and contested. Nothing contained herein shall be construed as an admission by any party of any liability of any kind to any - other party. The parties agree that each party expressly denies that it is in any way liable or indebted to any other party and no person interpreting this Agreement shall be able to infer that any party has engaged in any conduct giving rise to liability to any other party.