SUCH LAW OR SUCH RULES AND REGULATIONS
(AND THE PARTY MAKING ANY SUCH ANNOUNCEMENT SHALL PROVIDE A COPY THEREOF TO THE
OTHER PARTY FOR REVIEW BEFORE ISSUING SUCH ANNOUNCEMENT).
8.6
PARTIES IN INTEREST. THIS AGREEMENT SHALL
INURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES HERETO AND THEIR
RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS. NOTHING IN THIS AGREEMENT, EXPRESS
OR IMPLIED, IS INTENDED TO CONFER UPON ANY PERSON OTHER THAN TIMBER HOLDING CO.,
BOISE SUB, FPH OR THEIR RESPECTIVE SUCCESSORS OR PERMITTED ASSIGNS, ANY RIGHTS
OR REMEDIES UNDER OR BY REASON OF THIS AGREEMENT.
8.7
GOVERNING LAW: SUBMISSION TO JURISDICTION:
SELECTION OF FORUM. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ITS
PRINCIPLES OF CONFLICTS OF LAWS. EACH PARTY
HERETO AGREES THAT IT SHALL BRING
ANY ACTION OR PROCEEDING IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO
THIS AGREEMENT OR THE TRANSACTIONS CONTAINED IN OR CONTEMPLATED BY THIS
AGREEMENT, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, EXCLUSIVELY IN
19
ANY UNITED STATES FEDERAL COURT OR ANY STATE COURT LOCATED IN THE STATE OF
ILLINOIS (THE "CHOSEN COURTS") AND: (I) IRREVOCABLY SUBMITS TO THE EXCLUSIVE
JURISDICTION OF THE CHOSEN COURTS; (II) WAIVES ANY OBJECTION TO LAYING VENUE IN
ANY SUCH ACTION OR PROCEEDING IN THE CHOSEN COURTS; (III) WAIVES ANY OBJECTION
THAT THE CHOSEN COURTS ARE AN INCONVENIENT FORUM OR DO NOT HAVE JURISDICTION
OVER ANY PARTY HERETO; AND (IV) AGREES THAT SERVICE OF PROCESS UPON SUCH PARTY
IN ANY SUCH ACTION OR PROCEEDING SHALL BE EFFECTIVE IF NOTICE IS GIVEN IN
ACCORDANCE WITH SECTION 8.1 OF THIS AGREEMENT.
8.8
COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED
IN ONE OR MORE COUNTERPARTS (INCLUDING BY FACSIMILE OR ELECTRONIC TRANSMISSION),
EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH SHALL CONSTITUTE ONE
AND THE SAME AGREEMENT.
8.9
SEVERABILITY. THE PROVISIONS OF THIS
AGREEMENT SHALL BE DEEMED SEVERABLE AND THE INVALIDITY OR UNENFORCEABILITY OF
ANY PROVISION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE OTHER
PROVISIONS HEREOF OR THEREOF. IF ANY PROVISION OF THIS AGREEMENT, OR THE
APPLICATION THEREOF TO ANY PERSON OR ANY CIRCUMSTANCE, IS INVALID OR
UNENFORCEABLE: (A) A SUITABLE AND EQUITABLE PROVISION SHALL BE SUBSTITUTED
THEREFOR IN ORDER TO CARRY OUT, SO FAR AS MAY BE VALID AND ENFORCEABLE, THE
INTENT AND PURPOSE OF SUCH INVALID OR UNENFORCEABLE PROVISION; AND (B) THE
REMAINDER OF THIS AGREEMENT AND THE APPLICATION OF SUCH PROVISION TO OTHER
PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED BY SUCH INVALIDITY OR
UNENFORCEABILITY, NOR SHALL SUCH INVALIDITY OR UNENFORCEABILITY AFFECT THE
VALIDITY OR ENFORCEABILITY OF SUCH PROVISION, OR THE APPLICATION THEREOF, IN ANY
OTHER JURISDICTION.
8.10
HEADINGS. THE HEADING REFERENCES AND THE TABLE OF
CONTENTS HEREIN ARE FOR CONVENIENCE PURPOSES ONLY, DO NOT CONSTITUTE A PART OF
THIS AGREEMENT AND SHALL NOT BE DEEMED TO LIMIT OR AFFECT ANY OF THE PROVISIONS
HEREOF.
8.11
EQUITABLE RELIEF. EACH PARTY ACKNOWLEDGES THAT
MONEY DAMAGES