date of such
receipt be taken to apply to the parent or any such other subsidiary or
division.
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FINAL August 10, 2005
Section 24. JURISDICTION. ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT MUST BE BROUGHT SOLELY IN THE COURTS OF THE STATE OF
ILLINOIS OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS; POLARIS AND HSBC HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE
JURISDICTION OF SUCH COURTS AND ANY APPELLATE COURTS THEREOF FOR THE PURPOSE OF
ANY SUCH SUIT, ACTION, PROCEEDING OR JUDGMENT (IT BEING UNDERSTOOD THAT SUCH
CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS WAIVES ANY RIGHT TO SUBMIT
ANY DISPUTES HEREUNDER TO ANY COURTS OTHER THAN THOSE ABOVE).
Section 25. WAIVER OF JURY TRIAL. HSBC AND POLARIS HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION,
PROCEEDING OR COUNTERCLAIM CONCERNING ANY RIGHTS UNDER THIS AGREEMENT, ANY
RELATED DOCUMENT OR UNDER ANY OTHER DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY
IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH, OR ARISING FROM
ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY
SUCH SUIT, ACTION, PROCEEDING OR COUNTERCLAIM SHALL BE TRIED BEFORE A COURT AND
NOT BEFORE A JURY; THIS PROVISION IS A MATERIAL INDUCEMENT FOR HSBC AND POLARIS
ENTERING INTO THIS AGREEMENT.
IN WITNESS HEREOF, HSBC and Polaris have caused their duly authorized
representatives to execute this Agreement as of the date set forth above.
HSBC BANK NEVADA,
NATIONAL ASSOCIATION
POLARIS SALES INC.
By:
/s/ Asim Majeed
By: /s/ Michael Malone
Name:
Asim Majeed
Name:
Michael Malone
Title:
Executive Vice President
Title: VP-CFO
Date:
8/11/2005
Date: 8/10/2005
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