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claims, demands, damages, costs, and expenses for attorneys' fees incurred by any of them as a <br />result of any person asserting such assignment of transfer. <br />4.11 Governing Law. This Settlement Agreement is entered into in the County of <br />Orange, State of California, and shall be interpreted pursuant to California law. If legal action is <br />necessary to enforce any of the terms of this Settlement Agreement, such action shall be brought <br />in accordance with the laws of the State of California in a court having appropriate jurisdiction. <br />4.12 No Promise or Warranty. No promise or warranty shall be binding on the Parties <br />except as expressly contained in this Settlement Agreement. <br />4.13 Attorneys' Fees Incurred in Resolving the Dispute The Parties agree to bear their <br />own attorneys' fees and costs. However, in the event of any suit or proceeding arising from the <br />enforcement or breach of this Settlement Agreement, the prevailing party shall be entitled to <br />recover reasonable attorneys' fees and costs in addition to any other permitted relief. <br />4.14 Settlement Agreement Binding on Assignees, Successors This Settlement <br />Agreement shall bind and inure to the benefit of the successors and assigns of the Parties, and to <br />all affiliates, dba's or any other associated entities. <br />4.15 Severability. In the event that any portion of this Settlement Agreement is deemed <br />illegal, invalid or unenforceable in any respect, then such invalidity, illegality or unenforceability <br />will not affect any other provision of this Settlement Agreement and this Settlement Agreement <br />shall be construed as though such illegal, invalid or unenforceable provision had never been <br />contained herein, unless a court determines the primary purpose of this Settlement Agreement <br />would be frustrated. <br />4.16 Counterparts. This Settlement Agreement may be executed in multiple <br />counterparts, all of which shall constitute a binding Settlement Agreement. Facsimile and/or PDF <br />signatures, when received, shall have the same force and effect as original signatures. <br />[SIGNATURES ON NEXT PAGE] <br />Page 5 of 6 <br />55394.00060\40824418.1 <br />