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<br />200802660 <br /> <br />or permits, the singular shall include the plural, the plural shall include the singular and the <br />masculine, feminine and neuter shall be freely interchangeable. <br /> <br />8.6 AMBIGUITIES. Assignor and Assignee acknowledge that each party and its <br />counsel have participated fully in the review and revision of this Assignment. Any rule of <br />construction to the effect that ambiguities are to be resolved against the drafting party shall not <br />apply in interpreting this Assignment. The language in this Assignment shall be interpreted as to <br />its fair meaning and not strictly for or against any party. <br /> <br />8.7 NO ORAL CHANGE. This Assignment, and any provisions hereof, may not be <br />modified, waived, discharged or terminated except by an agreement in writing signed by the <br />party against whom enforcement of any modification, waiver, discharge or termination is sought. <br /> <br />8.8 WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY <br />APPLICABLE LAW, THE UNDERSIGNED AND ASSIGNEE (BY ITS ACCEPTANCE <br />HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND <br />UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN <br />RESOLVING ANY DISPUTE (WHETHER BASED ON CONTRACT, TORT, OR <br />OTHERWISE) BETWEEN THE UNDERSIGNED AND ASSIGNEE ARISING OUT OF OR <br />IN ANY WAY RELATED TO THIS ASSIGNMENT OR THE TRANSACTIONS <br />CONTEMPLATED BY THIS ASSIGNMENT. THIS PROVISION IS A MATERIAL <br />INDUCEMENT TO ASSIGNEE TO PROVIDE THE FINANCING EVIDENCED BY THIS <br />ASSIGNMENT. <br /> <br />- SIGNATURE PAGE FOLLOWS- <br /> <br />AM 157 :OAM5 7 :666690:3 :LOUISVILLE <br />3/19/08 <br /> <br />8 <br />