Zimmerman Reed Confidential Fashion Nova Settlement

For good and valuable consideration (the Settlement Amount), receipt of which is hereby acknowledged, the undersigned, on behalf of themself and their respective heirs, family members, executors, administrators, successors, and assigns (together, the “Releasors”) hereby unconditionally and irrevocably and forever releases and discharges Fashion Nova, including all present and former partners, partnerships, shareholders, members, owners, officers, directors, employees, attorneys, insurers, parent companies, subsidiaries, divisions, affiliates representatives, agents, licensees, predecessors, successors and assigns (collectively, the “Released Parties”), of and from, and hereby unconditionally and irrevocably waives, any and all claims, actions, demands, causes of action, proceedings, suits, judgments, awards, damages, expenses, losses and costs, of any kind or character whatsoever, known or unknown, suspected or unsuspected, in contract or in tort, at law or in equity, anywhere in the world, that such person ever had, now has or ever may have or claim to have against or with respect to the Released Parties accruing on or before the Effective Date that relates to the Dispute as set forth in the Confidential Aggregate Settlement Agreement and Release (the “Released Claims”); provided, however, that, and without limitation, this release does not extend to and Released Claims do not include any claim to enforce the terms of, or any breach of, this Settlement Agreement.

Claimant understands and agrees that they have waived and relinquished to the fullest extent permitted by law, any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code or any federal, state, or foreign law, rule or regulation, or common-law doctrine that is similar or the equivalent to it, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Claimant shall be deemed to have expressly waived and fully, finally, and forever settled and released any known or unknown, suspected or unsuspected, contingent or non-contingent claim with respect to the Released Claims, whether or not concealed or hidden, without regard to subsequent discovery or existence of different or additional facts. Claimant acknowledges that they may hereafter discover facts different from, or in addition to, those which they now believe to be true with respect to the Released Claims. On their own behalf and on behalf of all of the Releasing Parties, Claimant agrees that the foregoing release and waiver shall be and remain effective in all respects notwithstanding such different or additional facts or discovery thereof, and that the Settlement Agreement and this Release contemplates the extinguishment of all such Released Claims. By executing this Agreement, Claimant acknowledges the following: (a) Claimant is represented by counsel of their own choosing; (b) Claimant has read and fully understand the provisions of California Civil Code § 1542; and (c) Claimant has been specifically advised by Claimants’ Counsel of the consequences of the above waiver and this Settlement Agreement and Release generally.

Claimant further agrees not to sue or file a charge, complaint, grievance, demand for arbitration, or other proceeding against the Released Parties in connection with the Released Claims in any forum, or to assist or otherwise to participate willingly or voluntarily in any claim, arbitration, suit, action, investigation, or other proceeding of any kind which relates to any matter that involves the Released Claims unless required to do so by court order, subpoena, or other directive by a court, administrative agency, arbitration panel or legislative body, or unless required to enforce this Settlement Agreement. To the extent any such claim, arbitration, suit, action, investigation, or other proceeding may be brought by Claimant or a third party, Claimant expressly waives any claim to any form of monetary or other damages, or any other form of recovery or relief in connection therewith, except for statutorily required witness fees.

A PDF, electronic or facsimile signature shall be deemed to be equally effective as an original signature delivered in person, via mail, or via any other means.

This Release may not be changed orally.

PLEASE READ CAREFULLY. THIS CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.

I have read the foregoing Settlement Agreement and Release and understand and agree to their terms.