Cequel III, LLC 12444 Powerscourt Drive, Suite 450 St. Louis, MO 63131 Facsimile: (314) 821-4555 Attention: General Counsel
with a copy to:
(which shall not be deemed notice)
Paul, Hastings, Janofsky & Walker LLP 75 East 55th Street New York, NY 10022 Facsimile: (212) 319-4090 Attention: Daniel G. Bergstein, Esq.
Luke P. Iovine, III, Esq.
Proskauer Rose LLP 1585 Broadway New York, NY 10036 Facsimile: (212) 969-2900 Attention: James D. Meade, Esq.
This Agreement is the result of the joint efforts of the parties hereto, and each provision hereof has been subject to mutual consultation, negotiation and agreement of such parties, after consultation with their respective counsel, and such parties have agreed to use the particular language of the provisions of this Agreement, and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the draftsman, but rather in accordance with the fair meaning thereof, having due regard for the benefits and rights intended to be conferred upon the parties and the limitations and restrictions upon such rights and benefits intended to be provided.
Waiver of Jury Trial.
EACH OF BUYER AND SELLER HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF BUYER OR SELLER IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.