Nautilus 2000 Annual Report Download - page 65

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be in writing and signed by a duly authorized officer of Household to be effective and binding upon Household; no oral amendments or
modifications shall be binding upon the parties.
Section23.Assignment. This Agreement is binding upon the parties and their successors and assigns. Notwithstanding Merchant may not assign
this Agreement without the prior written consent of Household; any purported assignment without such consent shall be void. Household may
without Merchant's consent assign this Agreement or any of its rights or obligations hereunder to any Affiliate of Household at any time. In the
event of such assignment, the assignee shall have the same rights and remedies as Household under this Agreement.
Section24.Nonwaiver and Extensions. Household shall not by any act, delay, omission, or otherwise be deemed to have waived any rights or
remedies hereunder. Merchant agrees that Household's failure to enforce any of its rights under this Agreement shall not affect any other right
of Household or the same right in any other instance.
Section25.Rights of Persons Not a Party. This Agreement shall not create any rights on the part of any person or entity not a party hereto,
whether as a third party beneficiary or otherwise.
Section26.Section Headings. The headings of the sections of this Agreement are for reference only, are not a substantive part of this Agreement
and are not to be used to affect the validity, construction or interpretation of this Agreement or any of its provisions.
Section27.Integrations. This Agreement contains the entire agreement between the parties. There are merged herein all prior oral or written
agreements, amendments, representations, promises and conditions in connection with the subject matter hereof. Any representations,
warranties, promises or conditions not expressly incorporated herein shall not be binding on Household or Merchant.
Section28.Governing Law/Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of
Illinois. If any provision of this Agreement is contrary to Applicable Law, such provision shall be deemed ineffective without invalidating the
remaining provisions hereof.
Section29. JURISDICTION. ANY SUIT, COUNTERCLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO
THIS AGREEMENT MUST BE BROUGHT BY EITHER PARTY IN THE COURTS OF THE STATE OF ILLINOIS OR IN THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS; AND MERCHANT HEREBY
IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND ANY APPELLATE COURTS
THEREOF FOR THE PURPOSE OF ANY SUCH SUIT, COUNTERCLAIM, ACTION, PROCEEDING OR JUDGMENT (IT
BEING UNDERSTOOD THAT SUCH CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS WAIVES ANY
RIGHT TO SUBMIT ANY DISPUTES HEREUNDER TO ANY COURTS OTHER THAN THOSE ABOVE). NOTHING HEREIN
SHALL PRECLUDE HOUSEHOLD FROM BRINGING AN ACTION OR PROCEEDING RELATED TO THIS AGREEMENT IN
ANY OTHER STATE OR PLACE HAVING JURISDICTION OVER SUCH ACTION.
Section30. WAIVER OF JURY TRIAL. HOUSEHOLD AND MERCHANT HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM
CONCERNING ANY RIGHTS UNDER THIS AGREEMENT, ANY RELATED DOCUMENT OR UNDER ANY OTHER
DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION
HEREWITH OR THEREWITH, OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS
AGREEMENT, AND AGREE THAT ANY SUCH ACTION, SUIT, PROCEEDING OR COUNTERCLAIM SHALL BE TRIED
BEFORE A COURT AND NOT BEFORE A JURY; THIS PROVISION IS A MATERIAL INDUCEMENT FOR HOUSEHOLD AND
MERCHANT ENTERING INTO THIS AGREEMENT.
61
2002. EDGAR Online, Inc.