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.Agreement. The parties to this Agreement hereby voluntarily submit their personal jurisdiction to those <br /> Courts. <br /> 19.I.Contrary to the American Rule of law, the party that does not prevail in any litigated matter shall <br /> pay the prevailing party's legal fees and all costs and expenses. In the event any litigation is <br /> settled, then each party shall pay their own legal fees, costs and expenses. <br /> 99.2.The Principal and Indemnitors expressly agree that any suit,action or proceeding, whether claim <br /> or counterclaim, brought or instituted by any party to this Agreement, or any of the successors or <br /> assigns, in connection with or with respect to this Agreement, or Principal and Indemnitor's <br /> obligations hereunder, or pursuant to or in connection with any Bonds or Contract, shall be tried <br /> only by a Court and not by a jury. The parties expressly waive any right to trial by jury in any such <br /> action or proceeding. <br /> 20. Modifications to Agreement. This Agreement may not be changed or modified orally. No change or <br /> modification of this Agreement will be effective unless made in writing and executed by an officer of <br /> Surety. <br /> 21. plural and Singular, For the purposes of this Agreement, references to any defined or undefined <br /> terms in the singular shall include the plural and in the plural shall include the singular as the context <br /> may require. <br /> 22. Counterparts. The Agreement may be executed in any number of counterparts, all of which taken <br /> together shall constitute one agreement. A signed facsimile or electronic copy of this Agreement shall <br /> be deemed as if it is an original thereof and shall be admissible in a Court of law to the same extent as <br /> an original agreement. <br /> 23. Information. The Principal and Indemnitors,jointly, severally and individual, represent and warrant to <br /> Surety,knowing that Surety is reasonably relying upon the same,that the financial docurnents provided <br /> to Surety's Underwriting Department are true and accurate. <br /> 24. Avyareness of Financial Condition. The Indemnitors understand and agree that the circumstances, <br /> financial or otherwise, of any one or more of Indemnitors may change substantially over the period of <br /> effectiveness of this Agreement and Indemnitors accordingly agree to keep themselves fully informed <br /> as to the business activities and financial affairs of any one or more of Indemnitors and of the risks in <br /> which such Indemnitors engage, so that all Indemnitors are always aware of the risks or hazards in <br /> continuing to act as Indemnitors. The Surety has no obligation to any Indemnitor to provide notice of <br /> any fact coming to Surety's attention concerning Surety's rights or the financial condition of any <br /> Indemnitor and Indemnitors expressly waive any such notice. <br /> By signing below, each individual executing this Agreement on behalf of a business entity, and each <br /> business entity executing this Agreement on behalf of another business entity, represents and warrants <br /> that he, she or it is duly authorized by the Indemnitor to bind Indemnitor to all of the terms and conditions <br /> of this Agreement. <br /> &H Aggregate, L.LC C&H Aggregate, t_t_C <br /> By <br /> Cliff E. Sin/Won, Member Heather Simpson, Member <br /> (Authorized Signatory) (Authorized Signatory) <br />