SmithWorks Inc. (SWI)

Student Services and Program Agreement

 

Page 7 of 7

Continued From Page 6

(18) SEVERABILITY

In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, the remainder of this Agreement shall continue in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as reasonably to affect the intent of the Parties. This Section shall survive termination or expiration of this Agreement.

(19) NO ASSIGNMENT

This Agreement is not transferable or assignable without Company’s prior written consent.

(20) WAIVER

A waiver by either Party of any of the terms and conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof, nor shall it be deemed a waiver of performance of any other obligation hereunder.

(21) GOVERNING LAW

This Agreement shall be governed by and construed in accordance with laws of the State of Louisiana (without giving effect to its conflicts of law provisions).

(22) ARBITRATION

In the event that any dispute arises between the Parties arising out of or related to the validity, interpretation, enforcement, or performance of this Agreement, or otherwise arising out of the relationship between the Parties or the termination of that relationship, and a Party wishes to pursue the dispute, such party shall submit the dispute to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). The Arbitration shall be held in Saint Francisville, Louisiana. The arbitrator(s) shall apply Louisiana substantive law, or federal substantive law where state law is preempted. The arbitrator(s) shall have the power to grant all legal and equitable remedies provided by the above state law and aware compensatory damages provided by the above state law, except that punitive damages shall not be awarded. The arbitrator(s) shall prepare in writing and provide to the Parties an award including factual findings and the legal reasons on which the award is based. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning. Any judicial review of the arbitrator(s)’ decision shall be governed by the above state law. EACH PARTY HAS READ AND UNDERSTANDS THIS SECTION, WHICH DISCUSSES MEDIATION AND ARBITRATION. EACH PARTY UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE PARTY AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO ARBITRATION, AND THAT THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN THIS SECTION CONSTITUTE A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL.

PLEASE READ THIS DOCUMENT FULLY.

PLEASE DO NOT SIGN THIS AGREEMENT BEFORE YOU HAVE READ IT COMPLETELY.

Student Signature and Email

I, the Student to this Agreement, understand and acknowledge the above information regarding severability, no assignment, waiver, governing law, and arbitration. I also understand this is Page Seven of this Agreement and there are seven pages to this Agreement.

I HAVE CAREFULLY READ THIS AGREEMENT AND ACKNOWLEDGE THAT I UNDERSTAND IT.

I ALSO ACKNOWLEDGE THAT I HAVE BEEN PROVIDED A COPY OF THIS AGREEMENT.

By using your electronic signature, you, the Student, acknowledge and agree that it carries the same legal weight and validity as your handwritten signature. It serves as your authentic and binding endorsement and agreement on this electronic document, just as if you had physically signed this Agreement with pen and paper.

 

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