ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL COMMON INTEREST COMMUNICATION & WORK PRODUCT
13) The Members agree that there is currently no adversity of interests between them as may be potentially relevant or related to the Litigation. They further agree that if a Member who is or has been a signatory to this Agreement later takes a position that may be adverse to any other Member, counsel for the other Member will not be disqualified from continued representation of the Member for any reason arising out of the existence of this Agreement or arising from the sharing of information pursuant to this Agreement, including but not limited to grounds that such Member’s counsel has a legal or ethical conflict of interest because at one point such counsel was privy to attorney-client communications pursuant to this Agreement. To the extent that such a conflict of interest exists or is found to exist, each Member hereby knowingly and intelligently waives such actual or apparent conflict of interest. 14) Any Member to this Agreement is free to withdraw from it at any time upon giving express and prompt written notification to the other Members. Additionally, each Member has a duty to withdraw from the Agreement within three (3) calendar days if, in good faith, the Member reasonably believes that a mutuality of interest no longer exists between that Member and the other Members to this Agreement. In the event a Member withdraws from this Agreement, this Agreement shall no longer be operative as to future disclosures and communications between the remaining Members and the withdrawn Member but shall continue to protect all communications and information covered by the Agreement and disclosed by or to the withdrawing party prior to the Member’s notification of withdrawal. Immediately upon demand, a withdrawing Member shall immediately return any materials received from the other Member(s) pursuant to this Agreement and all copies thereof. 15) Nothing in this Agreement shall obligate any Member to share or communicate any material to the other Members. 16) Nothing in this Agreement shall obligate any Member to pursue the Litigation or other related public advocacy. 17) Modifications of this Agreement can be made, but such modifications must be in writing and signed by the Members. 18) This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to its choice-of-law rules that might otherwise mandate the application of the substantive law of some other jurisdiction. 19) In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void, or unenforceable, the illegality or unenforceability of such provision shall neither affect nor impair the enforceability or any other provision of this Agreement. 20) The Members agree that a breach of the provisions of this Agreement by a Member will cause irreparable harm to the other Members, and therefore agree that injunctive relief, and injunctive relief alone, is the appropriate means to enforce this Agreement. No Member shall be subject to any claim for damages as a result of a breach of this Agreement. 21) The Members, directly or through an authorized designee, may execute this Agreement in
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