all process which may be served in
any such suit, action or proceeding, consents to such process being served (i)
by mailing a copy thereof by registered or certified mail, postage prepaid,
return receipt requested, to Borrower's address shown above or as notified to
the Bank and (ii) by serving the same upon such agent, and agrees that such
service shall in every respect be deemed effective service upon Borrower.
2.16
JURY WAIVER. BORROWER AND BANK EACH HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY, AND AFTER AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL, WAIVE (A)
ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING IN CONNECTION
WITH THIS AGREEMENT, THE OBLIGATIONS, ALL MATTERS CONTEMPLATED HEREBY AND
DOCUMENTS EXECUTED IN CONNECTION HEREWITH AND (B) AGREE NOT TO SEEK TO
CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CAN NOT
BE, OR HAS NOT BEEN WAIVED. THE BORROWER CERTIFIES THAT NEITHER THE BANK NOR ANY
OF ITS REPRESENTATIVES, AGENTS OR COUNSEL HAS REPRESENTED, EXPRESSLY OR
OTHERWISE, THAT THE BANK WOULD NOT IN THE EVENT OF ANY SUCH PROCEEDING SEEK TO
ENFORCE THIS WAIVER OF RIGHT TO TRIAL BY JURY.
5
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Executed under seal on this day August 13, 2020.
Borrower:
Information Analysis Incorporated
By:
/s/ Sandor Rosenberg
Sandor Rosenberg, Chief Executive Officer
Accepted: TD Bank, N.A.
By:
/s/
Name:
Title:
Duly Authorized Representative
6