WeightWatchers 2015 Annual Report Download - page 149
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14
Agreement) constitutes the entire understanding and agreement between the Parties hereto with respect to the subject
matter hereof, and supersedes all prior oral and written understandings and agreements relating thereto; and may not be
modified, discharged or terminated, nor may any of the provisions hereof be waived, except in a writing signed by all
Parties hereto and exchanged between them. There are no other representations, undertakings, warranties, promises or
consideration made by any Party hereto to the other with respect to the subject matter of this Agreement, except as
expressly specified herein. Any discrepancy between this Agreement and any of the Other Agreements with respect to
the subject matter of this Agreement shall be governed and controlled by this Agreement; provided, however, that any
right relating to OW’s position as a member of the Board of WW shall be governed and controlled by the Other
Agreements and nothing in this Agreement shall prevent OW from enforcing her rights under the Other Agreements as
the
y
relate to this A
g
reement.
10.7 Severability. If any provision or any portion of any provision of this Agreement or the application thereof to any person
or entity or circumstance shall be held void, invalid, illegal or unenforceable to any extent, the remainder of this
A
g
reement and the application thereof shall not be affected and shall continue in full force and effect.
10.8 Interpretation. In this A
g
reement, unless otherwise specified or where the context otherwise requires:
10.8.1. the headings in this Agreement are inserted for convenience only and are in no way intended to describe,
interpret, define, or limit the scope, extent or intent of this A
g
reement or an
y
provision hereof;
10.8.2. the words “include,” “includes” or “including” shall be deemed to be followed by the words “without
limitation”;
10.8.3. the words “hereof,” “herein,” “hereunde
r
” and “herewith” and words of similar import shall, unless otherwise
stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement;
and
10.8.4. as between OW and WW, the Parties hereto have participated jointly in the negotiation and drafting of this
Agreement, and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be
construed as if drafted jointly by the Parties hereto, and no presumption or burden of proof shall arise favoring
or disfavorin
g
an
y
part
y
hereto b
y
virtue of the authorship of an
y
provisions of this A
g
reement.
10.9
N
o Third Party Beneficiaries. Except as specifically provided herein, there are no third party beneficiaries to this
A
g
reement.