from time to time as
often as the Lender shall elect until such time as the Lender shall have
received payment in full of the debt, interest and costs. Notwithstanding the
attorney's commission provided for in the preceding paragraph (which is included
in the warrant for purposes of establishing a sum certain), the amount of
attorneys' fees that the Lender may recover from the Guarantor shall not exceed
the actual attorneys' fees incurred by the Lender.
[Waiver of Jury Trial and Signatures Follow on Next Page]
1.1WAIVER OF JURY TRIAL AND SIGNATURE PAGE
TO
GUARANTY AND SECURITY AGREEMENT
9.7 WAIVER OF JURY TRIAL. THE GUARANTOR AND THE LENDER HEREBY WAIVE TRIAL BY
JURY IN ANY ACTION OR PROCEEDING TO WHICH THE GUARANTOR AND THE LENDER MAY BE
PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS AGREEMENT AND/OR ANY OF
THE OTHER FINANCING DOCUMENTS. IT IS AGREED AND UNDERSTOOD THAT THIS WAIVER
CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL PARTIES TO SUCH
ACTIONS OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES TO
THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE BY THE
GUARANTOR AND THE LENDER, AND EACH HEREBY REPRESENTS TO THE OTHER THAT NO
REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE
THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. EACH
OF THE GUARANTOR AND THE LENDER HEREBY FURTHER REPRESENT TO THE OTHER THAT IT
HAS HAD THE OPPORTUNITY TO BE REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND
IN THE MAKING OF THIS WAIVER BY LEGAL COUNSEL, SELECTED OF ITS OWN FREE WILL,
AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under seal and delivered as of the day and year first above written.
WITNESS:
RAND WORLDWIDE SUBSIDIARY, INC.
/s/ Theresa Whalen
By:
/s/ Lawrence Rychlak (SEAL)
Title:
President and Chief Financial Officer