LITIGATION BROUGHT THEREIN HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
EACH OF THE PARTIES HERETO AGREES, (A) TO THE EXTENT SUCH PARTY IS NOT OTHERWISE
SUBJECT TO SERVICE OF PROCESS IN THE STATE OF DELAWARE, TO APPOINT AND MAINTAIN
AN AGENT IN THE STATE OF DELAWARE AS SUCH PARTY'S AGENT FOR ACCEPTANCE OF LEGAL
PROCESS, AND (B) THAT SERVICE OF PROCESS MAY ALSO BE MADE ON SUCH PARTY BY
PREPAID CERTIFIED MAIL WITH A PROOF OF MAILING RECEIPT VALIDATED BY THE UNITED
STATES POSTAL SERVICE CONSTITUTING EVIDENCE OF VALID SERVICE.
SERVICE MADE
PURSUANT TO (A) OR (B) ABOVE SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS IF
SERVED UPON SUCH PARTY PERSONALLY WITHIN THE STATE OF DELAWARE.
FOR PURPOSES OF
IMPLEMENTING THE PARTIES' AGREEMENT TO APPOINT AND MAINTAIN AN AGENT FOR SERVICE
OF PROCESS IN THE STATE OF DELAWARE, EACH SUCH PARTY DOES HEREBY APPOINT
CORPORATION SERVICE COMPANY, 2711 CENTERVILLE ROAD SUITE 400, WILMINGTON, NEW
CASTLE COUNTY, DELAWARE 19808, AS SUCH AGENT AND EACH SUCH PARTY HEREBY AGREES
TO COMPLETE ALL ACTIONS NECESSARY FOR SUCH APPOINTMENT.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
NEUROMETRIX, INC.
By:
/s/ Shai N. Gozani, M.D., Ph.D.
Name:
Shai N. Gozani, M.D., Ph.D.
Title:
President and Chief Executive Officer
INDEMNITEE
/s/ Joseph A. Calo
Joseph A. Calo
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