Common use of Construction and Waiver of Jury Trial Clause in Contracts

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. President and Chief Executive Officer ATLANTIC COAST BANK By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxx Xxxxxxx Xxx Xxxxxxx Executive Vice President

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION FAIRMOUNT BANCORP, INC. By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. Xxxxxxx President and Chief Executive Officer ATLANTIC COAST FAIRMOUNT BANK By: /s/ Xxx Xxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxxxx X. Xxxxx Managing Director EXHIBIT A LETTER AGREEMENT EXHIBIT B ASSITING BROKERS AGREEMENT , 2010 Xxxxxx, Xxxxxxxx & Company, Incorporated 000 Xxxx Xxxxxx, 0xx Xxxxx Xxx Xxxxxxx Xxxx, Xxx Xxxxxxx Executive Vice PresidentXxxx 00000 Ladies and Gentlemen:

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION XXXXXXX BANCORP, INC. By: /s/ Xxx Xxxxxxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. President and Chief Executive Officer ATLANTIC COAST XXXXXXX COMMUNITY BANK By: /s/ Xxx Xxxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxxxx Xxxxx Managing Director EXHIBIT A LETTER AGREEMENT EXHIBIT B ASSISTING BROKERS AGREEMENT , 2011 Xxxxxx, Xxxxxxxx & Company, Incorporated 000 Xxxx Xxxxxx, 0xx Xxxxx Xxx Xxxxxxx Xxxx, Xxx Xxxxxxx Executive Vice PresidentXxxx 00000 Ladies and Gentlemen:

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERALXXXXXXXX BANCORP, MHC INC. By: /s/ Xxxxxx X. Xxxxxxx, Xx. XxXxxxxxx Xxxxxx X. Xxxxxxx, Xx. XxXxxxxxx President and Chief Executive Officer ATLANTIC COAST XXXXXXXX BANK By: /s/ Xxx Xxxxxx X. Xxxxx Xxx XxXxxxxxx Xxxxxx X. Xxxxx XxXxxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxx Managing Director EXHIBIT A LETTER AGREEMENT EXHIBIT B ASSISTING BROKERS AGREEMENT , 2012 Xxxxxx, Xxxxxxxx & Company, Incorporated 000 Xxxx Xxxxxx, 0xx Xxxxx Xxx Xxxxxxx Xxxx, Xxx Xxxxxxx Executive Vice PresidentXxxx 00000 Ladies and Gentlemen:

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York Jersey without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New YorkJersey. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx Rxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx Rxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx Rxxxxx X. Xxxxxxx, Xx. President and Chief Executive Officer ATLANTIC COAST BANK By: /s/ Xxx Rxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXXRXXX XXXX & CO., XXXXXXXX & COMPANY, INCORPORATED INC. By: /s/ Mxxxxxx Xxxxxxxxx Managing Director EXHIBIT A RXXX XXXX LETTER AGREEMENT EXHIBIT B SELECTED DEALERS AGREEMENT , 2007 Rxxx Xxxx & Co., Inc. 10 Xxxxxxxx Xxxxxxxx Xxxxxxx Xxxx, Xxx Xxxxxxx Xxx Xxxxxxx Executive Vice PresidentXxxxxx 00000 Gentlemen:

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York Jersey without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New YorkJersey. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION QUAINT OAK SAVINGS BANK By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL, MHC By: /s/ ___________________________ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. President and Chief Executive Officer ATLANTIC COAST BANK QUAINT OAK BANCORP, INC. By: /s/ Xxx ___________________________ Xxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth aboveand above written. XXXXXXXXXX XXXX & CO., XXXXXXXX & COMPANY, INCORPORATED INC. By: /s/ Xxx ___________________________ Managing Director Exhibit A Master Selected Dealer Agreement ___________ __, 2007 Xxxx Xxxx & Co., Inc. 00 Xxxxxxxx Xxxxxxxx Xxxxxxx Xxx Xxxxxxx Executive Vice PresidentXxxx, XX 00000 Gentlemen:

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim claim, or counterclaim (whether based on contract, tort tort, or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION PATHFINDER BANCORP, INC. (a Maryland corporation) By: /s/ Xxx Txxxxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. Xxxxxxxxx President and Chief Executive Officer ATLANTIC COAST PATHFINDER BANCORP, INC. (a federal corporation) By: Txxxxx X. Xxxxxxxxx President and Chief Executive Officer PATHFINDER BANCORP, MHC By: Txxxxx X. Xxxxxxxxx President and Chief Executive Officer PATHFINDER BANK By: /s/ Xxx Txxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXXKXXXX, XXXXXXXX BXXXXXXX & COMPANYWXXXX, INCORPORATED INC., A STIFEL COMPANY By: /s/ Xxx Rxxxx X. Xxxxxxx Xxx Xxxxxxx Executive Vice PresidentManaging Director

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx Xxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx Xxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer ATLANTIC COAST FEDERAL, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx X. Xxxxxxx, Xx. President and Chief Executive Officer ATLANTIC COAST BANK By: /s/ Xxx Xxxxxx X. Xxxxx Xxx X. Xxxxx Xxxxxxx, Xx. President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxx Xxxxxxx Xxx Xxxxxxx Executive Vice President

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx AJS BANCORP, INC. (a Maryland corporation) By:/s/ Xxxxxx X. Xxxxx Xxx Xxxxxx Xxxxxx X. Xxxxx Xxxxxx President and Chief Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx Officer AJS BANCORP, INC. (a federal corporation) By:/s/ Xxxxxx X. Xxxxx Xxx Xxxxxx Xxxxxx X. Xxxxx Xxxxxx President and Chief Executive Chairman of the Board ATLANTIC COAST FEDERALOfficer AJS BANCORP, MHC By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxx Xxxxxx X. Xxxxxxx, Xx. Xxxxxx President and Chief Executive Officer ATLANTIC COAST X.X. XXXXX FEDERAL SAVINGS BANK By: /s/ Xxx By:/s/ Xxxxxx X. Xxxxx Xxx Xxxxxx Xxxxxx X. Xxxxx Xxxxxx President and Chief Executive Chairman of the Board Officer The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXXXXXXX, XXXXXXXX & COMPANYXXXXX, INCORPORATED INC., A STIFEL COMPANY By: /s/ Xxx Xxxxx Xxxxxxx Xxx Xxxxx X. Xxxxxxx Executive Vice PresidentManaging Director

Construction and Waiver of Jury Trial. This Agreement shall be construed in accordance with the laws of the State of New York without giving effect to its conflicts of laws principles. Any dispute hereunder shall be brought in a court in the State of New York. Each of the Primary Parties and the Agent waives all right to trial by jury in any action, proceeding, claim or counterclaim (whether based on contract, tort or otherwise) related to or arising out of this Agreement. If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument along with all counterparts will become a binding agreement between you and us in accordance with its terms. Very truly yours, ATLANTIC COAST FINANCIAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERAL CORPORATION By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board ATLANTIC COAST FEDERALFAIRMOUNT BANCORP, MHC INC. By: /s/ Xxxxxx X. Xxxxxxx, Xx. Xxxxxxx Xxxxxx X. Xxxxxxx President and Chief Executive Officer FAIRMOUNT BANK By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx President and Chief Executive Officer FULLERTON FEDERAL SAVINGS ASSOCIATION By: /s/ Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx, Xx. Chairman and President and Chief Executive Officer ATLANTIC COAST BANK By: /s/ Xxx X. Xxxxx Xxx X. Xxxxx Executive Chairman of the Board The foregoing Agency Agreement is hereby confirmed and accepted as of the date first set forth above. XXXXXX, XXXXXXXX & COMPANY, INCORPORATED By: /s/ Xxx Xxxxxxx Xxx Xxxxxxx Executive Vice PresidentXxxxx X. Xxxxx Xxxxx X. Xxxxx Managing Director