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<br />-20- <br /> <br /> <br />District Court for the Western District of Washington at Seattle, Washington. Each Party <br />hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an <br />inconvenient forum to the maintenance of proceedings in such courts. <br /> <br />8.08 Force Majeure <br /> <br />If a Party is delayed or hindered in, or prevented from performance required under this <br />Agreement (other than any delay or failure relating to payment of money, including, <br />without limitation, the Annual Fees and all reimbursable costs and expenses described <br />elsewhere in this Agreement) by reason of earthquake, landslide, strike, lockout, labor <br />trouble, failure of power, riot, insurrection, war, pandemic, acts of God or other reason of <br />like nature not the fault of such Party, such Party is excused from such performance for the <br />period of delay. The period for the performance of any such act shall then be extended for <br />the period of such delay. <br /> <br />8.09 Waiver of Jury Trial <br /> <br />The Licensor and Licensee each hereby waive any right to a trial by jury in any litigation <br />arising out of this Agreement or out of the Licensee’s use of space on the Licensor’s poles. <br /> <br />8.10 Department of Revenue <br /> <br />In the event the Department of Revenue of the State of Washington shall require the <br />Licensor to provide certain information concerning Licensee, Licensee agrees to cooperate <br />with and assist Licensor in providing information, data, or such other matters as may be <br />required by said Department of Revenue. Licensee specifically agrees to provide Licensor <br />with appropriate data as determined or required by the State Department of Revenue <br />concerning its pole attachments in each taxing district and such other data as may hereafter <br />be required by said Department of Revenue. <br /> <br />8.11 Section Heading <br /> <br />The section headings used in this Agreement are merely for ease of reference by the Parties. <br />The section headings are not intended to restrict or limit the applicability of the language <br />within any specific section. In the event of a conflict between the text of a section and the <br />section heading, the text shall control. <br /> <br />8.12 Survival <br /> <br />All provisions of this Agreement which may reasonably be interpreted or construed as <br />surviving the completion, termination or cancellation of this Agreement shall survive the <br />completion, termination or cancellation of this Agreement. <br /> <br />8.13 Authority to bind Parties and enter into Agreement <br /> <br />The undersigned represent that they have full authority to enter into this Agreement and to <br />bind the Parties for and on behalf of the legal entities set forth below. <br />