Chamber of Commerce Publication No. 500 and, to
the extent not inconsistent therewith, the laws of the State of Ohio.
Section 4. This Modification shall be governed by and construed in
accordance with the laws of the State of Ohio.
Section 5. THE BANK AND THE BORROWER ACKNOWLEDGE AND AGREE THAT THERE MAY
BE A CONSTITUTIONAL RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM, DISPUTE
OR LAWSUIT ARISING BETWEEN OR AMONG THEM, BUT THAT SUCH RIGHT MAY BE WAIVED.
ACCORDINGLY, THE PARTIES AGREE THAT NOTWITHSTANDING SUCH CONSTITUTIONAL RIGHT,
IN THIS COMMERCIAL MATTER THE PARTIES BELIEVE AND AGREE THAT IT SHALL BE IN
THEIR BEST INTEREST TO WAIVE SUCH RIGHT, AND, ACCORDINGLY, HEREBY WAIVE SUCH
RIGHT TO A JURY TRIAL, AND FURTHER AGREE THAT THE BEST FORUM FOR HEARING ANY
CLAIM, DISPUTE OR LAWSUIT, IF ANY, ARISING IN CONNECTION WITH THIS AGREEMENT,
ANY LOAN DOCUMENTS OR THE RELATIONSHIP AMONG THE BANK AND THE BORROWER SHALL BE
A COURT OF COMPETENT JURISDICTION SITTING WITHOUT A JURY IN FRANKLIN COUNTY,
OHIO.
Section 6. Any capitalized terms used herein, but not defined, shall have
the meaning given to such terms in the Loan Agreement.
IN WITNESS WHEREOF, the Bank and the Borrower have executed this Agreement
as of the date set forth above.
R. G. BARRY CORPORATION
By:
/s/ Daniel D. Viren
Name:
Daniel D. Viren
Title:
Chief Financial Officer
THE HUNTINGTON NATIONAL BANK
By:
/s/ Bud Ward
Name:
Bud Ward
Title:
Senior Vice President
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