Nautilus 2009 Annual Report Download - page 321

Section 11.2 Governing Law . This Agreement, the Note, and the other Loan Documents shall be governed by and construed in
accordance with the laws of Washington, without regard to conflicts of law principles.
Section 11.3 Consent to Jurisdiction and Venue, Waiver of Immunities . Each party hereto hereby irrevocably submits to the
jurisdiction and venue of any state or federal court sitting in Vancouver, Washington, in any action or proceeding brought to enforce or
otherwise arising out of or relating to this Agreement, the Note, or any other Loan Document. Each party hereto irrevocably waives to the fullest
extent permitted by law any objection that each such party now or hereafter may have to the laying of venue in any such action or proceeding in
any such forum, and hereby further irrevocably waive any claim that any such forum is an inconvenient forum. Each party hereto agrees that a
final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment, or in
any other manner provided by law. Nothing in this Agreement shall impair the right of Lender to bring any action or proceeding against
Borrower, or Borrower’s property, in the courts of any other jurisdiction, and Borrower irrevocably submits to the nonexclusive jurisdiction of
the appropriate courts of the jurisdiction in which Borrower is incorporated, or any court sitting in any place where property or an office of
Borrower is located.
Section 11.4 Notices . All notices and other communications provided for in this Agreement shall be in writing and shall be sent
(unless otherwise specified) by e-mail, certified mail, return receipt requested (with postage prepaid) or delivered to each party at the following
addresses, or at such other address as shall be designated by such party in a written notice to each other party:
222 S.W. Columbia Street, Suite 1200
Portland, Oregon 97201
Attention: Sean Edwards, Vice President
E-mail: [e-mail]
with a copy (which shall not constitute notice to Lender) to:
Miller Nash LLP
Suite 3500
111 S.W. Fifth Avenue
Portland, Oregon 97204
Attention: Clifton Molatore
E-mail: [e-mail]
16400 S.E. Nautilus Drive
Vancouver, Washington 98683
Attention: Alec Anderson
E-mail: [e-mail]
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Lender:
Bank of the West
Borrower:
Nautilus, Inc.