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11.2 If any Party seeks to enforce this Agreement by filing a lawsuit in a court of law, the <br />substantially prevailing Party in any such lawsuit will be entitled to recover from the <br />other Party its reasonable attorney's fees, expenses, and costs incurred in prosecuting or <br />defending such lawsuit. <br />11.3 THE PARTIES EACH HEREBY WAIVE, TO 'THE FULLEST EXTENT PERMITTED <br />BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, <br />OR CAUSE OF ACTION (i) ARISING UNDER THIS AGREEMENT OR (ii) IN ANY <br />WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS <br />OF THE PARTIES IN RESPECT OF THIS AGREEMENT OR ANY OF THE <br />TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW <br />EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, <br />EQUITY, OR OTHERWISE. ANY SUCH CLAIM, DEMAND, ACTION, OR CAUSE <br />OF ACTION WILL BE DECIDED BY COURT TRIAL WITHOUT A JURY. A PARTY <br />MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT <br />WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE <br />PARTIES TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. The scope of <br />this waiver is intended to be alkncompassing of all legal proceedings that may be filed <br />in any court and that relate to the subject matter of the transactions contemplated by this <br />Agreement. Each Party hereby acknowledges that this waiver is a material inducement to <br />enter into a business relationship, that such Party has relied on this waiver in entering into <br />this Agreement, and that such Party will continue to rely on this waiver in the Parties' <br />related future dealings. Each Party further warrants and represents that it has reviewed <br />this waiver with its legal counsel and that it knowingly and voluntarily waives its jury <br />trial rights following consultation with legal counsel. <br />11.4 Notwithstanding anything to the contrary contained in this Article 12, if Buyer brings a <br />lawsuit against Seller, with respect to indemnification, contribution, subrogation, breach <br />of warranty, breach of contract, contributory negligence, or other theories of recovery <br />(whether at law or in equity) which arises, relates to, or results from a claim, action, suit, <br />or proceeding brought by a third party against Buyer, then that suit may be brought in the <br />venue and jurisdiction where the suit by the third party against Buyer has been brought <br />and that suit by Buyer against Seller may be decided by the court or jury that is deciding <br />the suit by the third party against Buyer. <br />12. OTHER TERMS <br />12.1 The present Agreement, including all attachments, documents, and correspondence <br />related to it, are strictly confidential and neither of the parties has the right to assign its <br />rights and obligations under the Agreement to a third party without prior written consent <br />8 <br />