be obtained by each shall be preserved to the greatest extent practicable.
15.
Miscellaneous.
(a)
Negation of Agency. Nothing herein contained
shall be deemed to create an agency, joint venture or partnership relation
between the parties hereto and it is acknowledged that the parties hereto have
only a relationship of independent contractor.
(b)
Construction. The language of this Agreement
and of each and every article, paragraph, section, term and/or provision of this
Agreement, shall in all cases, for any and all purposes and in any and all
circumstances, be construed as a whole according to its meaning and not strictly
for or against Gameco or Contractor, without no regard whatsoever to the
identity or status of any person or persons who drafted all or any portion of
this Agreement.
(c)
Headings. The section headings used in this
Agreement are intended solely for convenience of reference and shall be given no
effect in the construction or interpretation of this Agreement.
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16.
SUBMISSION TO JURISDICTION AND VENUE,
CONSENT TO SERVICE OF PROCESS, ETC. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH
OF THE PURCHASER AND CONTRACTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY:
(A)
AGREES THAT ANY ACTION, SUIT OR PROCEEDING BY
ANY PERSON ARISING FROM OR RELATING TO THIS AGREEMENT, THE TRANSFER CONTEMPLATED
HEREIN OR ANY STATEMENT, COURSE OF CONDUCT, ACT, OMISSION OR EVENT IN CONNECTION
WITH ANY OF THE FOREGOING (COLLECTIVELY, "RELATED LITIGATION") TO WHICH EITHER
IS OR MAY BE A PARTY MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT
JURISDICTION SITTING IN BATON ROUGE, LOUISIANA, AND SUBMITS TO THE JURISDICTION
OF SUCH COURTS, AND AGREES NOT TO BRING ANY RELATED LITIGATION IN ANY OTHER
FORUM;
(B)
ACKNOWLEDGES THAT SUCH COURTS WILL BE THE
MOST CONVENIENT FORUM FOR ANY RELATED LITIGATION, WAIVES ANY OBJECTION TO THE
LAYING OF VENUE OF ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT, WAIVES ANY
CLAIM THAT ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN
AN INCONVENIENT FORUM, AND WAIVES ANY RIGHT TO OBJECT, WITH RESPECT TO ANY
RELATED LITIGATION, THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER IT; AND
(C)
CONSENTS AND AGREES TO SERVICE OF ANY
SUMMONS, COMPLAINT OR OTHER LEGAL PROCESS IN ANY RELATED LITIGATION BY
REGISTERED OR CERTIFIED U.S. MAIL, POSTAGE PREPAID, TO IT AT THE ADDRESS FOR
NOTICES DESCRIBED IN THIS AGREEMENT, AND CONSENTS AND AGREES THAT SUCH SERVICE
SHALL CONSTITUTE IN EVERY RESPECT VALID AND EFFECTIVE SERVICE (BUT NOTHING
HEREIN SHALL AFFECT THE VALIDITY OR EFFECTIVENESS OF PROCESS SERVED IN ANY OTHER
MANNER PERMITTED BY LAW).
17.
JURY WAIVER
TO THE FULLEST EXTENT PERMITTED
BY LAW, EACH OF THE PURCHASER AND CONTRACTOR HEREBY IRREVOCABLY AND
UNCONDITIONALLY WAIVES THEIR RIGHT TO A TRIAL BY JURY OF ANY AND ALL CLAIMS,
CAUSES OF ACTION OR SUITS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS
AGREEMENT.
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THUS DONE AND PASSED on the
day of November, 2005, at the City of
Lockport, State of Louisiana, the undersigned party having affixed its signature
in