Brunelle Settlement Agreement 20240122

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any conditions and provisions hereof are and are intended to be for the sole and exclusive benefit of the Parties and their respective successors and permitted assigns, and for the benefit of no other person or entity. 9. Severability. If any provision of this Agreement, or the application thereof, shall for any reason or to any extent be construed by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, and application of such provisions to other circumstances, shall remain in effect and be interpreted so as to reasonably effect the intent of the Parties. Notwithstanding the foregoing, if the releases set forth herein are found to be unenforceable or invalid by a court of competent jurisdiction, then it shall be the intent of the Parties that such invalidity or unenforceability shall be cause for rescission of the entire Agreement at the election of the party whose interests are injured by the finding of invalidity or unenforceability. 10. Governing Law and Venue. This Agreement is entered into and shall be governed, construed, and interpreted in accordance with the substantive laws of the State of California, regardless of the conflict of laws rules of any individual state. In addition, any action brought to enforce the provisions of this Agreement shall be commenced, prosecuted, and defended exclusively in the Superior Court of the State of California in and for the County of Alameda. The Parties reserve jurisdiction to the Superior Court of the State of California in and for the County of Alameda to enforce the terms of the Agreement. 11. Authorization. The Parties represent and warrant that (a) they each are fully authorized to enter into this Agreement; (b) they have each read and fully understand each of the provisions of this Agreement; (c) they have signed the Agreement voluntarily, without any duress or undue influence on the part, or on behalf, of any parry; and (e) they understand the terms of this Agreement are contractual and binding, and not merely recitals. 12. Execution in Counterparts. This Agreement shall be signed by the Parties and/or their authorized agents. Counterparts of the signature pages may be combined to create a document binding on all the Parties, and together shall constitute one and the same instrument. A photocopy, electronic, or fax reproduction of an original copy of the Agreement shall be of the same binding effect as the original. IN WITNESS WHEREOF, the Parties and/or their authorized agents have executed this Agreement as of the date set forth opposite the respective signatures below. RICHARD BRUNELLE Dated: January 22, 2024