an agreement or other document will
be construed against the party drafting such agreement or document.
9.9 Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY
WAIVES ALL RIGHT TO TRIAL BY JURY AND ANY ACTION, PROCEEDING OR COUNTERCLAIM
(WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION,
ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
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IN WITNESS WHEREOF, Parent, Sub, the Company, and the Shareholder
Representative have caused this Agreement to be signed, all as of the date first
written above.
HARMONIC INC.
By:
/s/ Robin Dickson
Name: Robin Dickson
Title: Chief Financial Officer
RHOZET CORPORATION
By:
/s/ David Trescot
Name: David Trescot
Title: Chief Executive Officer
DUSSELDORF ACQUISITION CORPORATION
By:
/s/ Patrick Harshman
Name: Patrick Harshman
Title: President
SHAREHOLDER REPRESENTATIVE
/s/ David Trescot
DAVID TRESCOT