AGREEMENT
AND EACH OF ITS TERMS SHALL BE GOVERNED BY THE LAW OF THE STATE OF NEW JERSEY.
13. Any notice or demand to Customer hereunder or in connection herewith may be
given and shall conclusively be deemed and considered to have been given and
received upon the deposit of a record in the U.S. Mail, duly stamped and
addressed to Customer at the address set forth in this Agreement or at such
other address of Customer as Customer shall have designated by a record
delivered to Creditor. Actual notice to Customer, however given or received,
shall always be effective. CUSTOMER, AS A MATERIAL INDUCEMENT FOR CREDITOR TO
MAKE FINANCING AVAILABLE TO CUSTOMER, HEREBY AGREES TO THE JURISDICTION AND
VENUE OF ANY STATE OR FEDERAL COURT SITTING NEW JERSEY FOR ALL CLAIMS, CAUSES OF
ACTION, COUNTERCLAIMS, AND/OR CROSS-CLAIMS ARISING OUT OF AND/OR RELATED TO THIS
AGREEMENT, THE COLLATERAL AND/OR ANY OTHER PRESENT OR FUTURE OBLIGATIONS OF
CUSTOMER TO CREDITOR; EXCEPT THAT ANY ACTION OR PROCEEDING (HOWEVER STYLED) TO
OBTAIN POSSESSION OF ANY COLLATERAL OR OTHER SECURITY FOR CUSTOMER'S OBLIGATIONS
MAY, IN CREDITOR'S SOLE DISCRETION, BE BROUGHT IN ANY STATE OR FEDERAL COURT
SITTING IN THE JURISDICTION WHERE THE SUBJECT OF SUCH ACTION OR PROCEEDING MAY
BE SITUATED; WAIVES THE RIGHT TO OBJECT TO OR TRANSFER THE VENUE OF ANY SUCH
ACTION OR PROCEEDING; AND CONSENTS AND AGREES THAT SERVICE OF PROCESS IN ANY
ACTION OR PROCEEDING BROUGHT IN ACCORDANCE HEREWITH SHALL BE GOOD AND SUFFICIENT
IF SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO CUSTOMER AT
HIS, HER OR ITS ADDRESS AS PROVIDED HEREIN. THE PARTIES HEREBY WAIVE ANY AND ALL
/s/ LVS
Initial
Page 2 of 3
RIGHTS TO A TRIAL BY JURY OF ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM,
CROSS-CLAIM, DEFENSE, OR OFFSET INVOLVING CUSTOMER, CREDITOR OR ANY ASSIGNEE OR
SUCCESSOR THEREOF. 14. Notwithstanding anything to the contrary in this
Agreement or in any other agreement between Customer and Creditor, it is
expressly agreed that the aggregate of all consideration which constitutes
interest under applicable law that is contracted for, taken, reserved, charged
or received under the Indebtedness, this Agreement or under any other agreements
between Customer and Creditor, or otherwise, shall under no circumstances exceed
the maximum nonusurious rate of interest permitted by applicable law from time
to time in effect; and any excess interest shall be cancelled automatically and,
if theretofore paid, shall be credited on the principal of the Indebtedness or
(to the extent that the principal amount of the Indebtedness shall have been or
would thereby be paid in full) refunded to Customer.
Witness (Attest if a corporation):
Customer: CONVERGENT MEDIA SYSTEMS
CORPORATION
/s/ Stephen D. Dickas, Corporate Controller
BY:
/s/ Lance
V. Schulz, Treasurer Signature and Title
Signature and Title
STATE OF Nebraska
}
ss
COUNTY OF Douglas
}
I, the undersigned Notary Public, duly qualified in said County and State, do
hereby certify that on
May 22
, 2018, personally appeared
before me
Cheryl Baines
, to me known to be the