among California residents, made and to be performed entirely within the State
of California, without giving effect to conflicts of laws principles that would
require the application of the laws of any other jurisdiction. THE PARTIES EACH
HEREBY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAIVE THEIR
RESPECTIVE RIGHTS TO JURY TRIAL OF ANY DISPUTE BASED UPON OR ARISING OUT OF THIS
AGREEMENT OR ANY OTHER AGREEMENTS RELATING HERETO OR ANY DEALINGS AMONG THEM
RELATING TO THE TRANSACTIONS.
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- 5 -
IN WITNESS WHEREOF, the Payor has executed this Note as of the date first
written above.
DayStar Technologies, Inc.,
a Delaware corporation
By:
____________________________
Name:
Title:
[SIGNATURE PAGE TO SECURED PROMISSORY NOTE]