Common use of Mutual Waiver of Jury Trial Clause in Contracts

Mutual Waiver of Jury Trial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

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 18 (AND SUBJECT TO SECTION 2319) OF THIS AGREEMENT, DEVRY THE COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMSCLAIM, TORT CLAIMS CLAIM OR OTHERWISE UNDER SECTIONS 109, 11, 12 10 OR 13 11 OF THIS AGREEMENT. DEVRY THE COMPANY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 107, 118, 12 9 OR 13 10 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 107, 118, 12 9 OR 13 10 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial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

Mutual Waiver of Jury Trial. BECAUSE DISPUTES ARISING IN CONNECTION WITH COMPLEX TRANSACTIONS ARE MOST QUICKLY AND ECONOMICALLY RESOLVED BY AN EXPERIENCED AND EXPERT PERSON AND THE EVENT PARTIES WISH APPLICABLE STATE AND FEDERAL LAWS TO APPLY (RATHER THAN ARBITRATION RULES), THE PARTIES DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. THEREFORE, TO ACHIEVE THE BEST COMBINATION OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE BENEFITS OF THE JUDICIAL SYSTEM AND SUBJECT OF ARBITRATION, EACH PARTY TO SECTION 23) THIS AGREEMENT HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE BETWEEN OR AMONG ANY OF THE PARTIES HERETO, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THIS AGREEMENT, DEVRY THE TRANSACTIONS CONTEMPLATED HEREBY AND/OR THE RELATIONSHIP ESTABLISHED AMONG THE PARTIES HEREUNDER. EACH OF THE PARTIES TO THIS AGREEMENT HEREBY AGREES AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF CONSENTS THAT ANY CLAIM SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT SHALL BE DECIDED BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, JURY AND THAT THE PARTIES FURTHER AGREE THAT TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTJURY.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY ADTALEM AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY ADTALEM AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (BORROWER AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE AGILITY EACH WAIVE THEIR RESPECTIVE THE RIGHT TO A TRIAL BY JURY OF IN ANY CLAIM ACTION OR CAUSE OF ACTION PROCEEDING BASED UPON OR UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO, THIS AGREEMENT OR ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN AGILITY AND BORROWER INCLUDING ALL OTHER TRANSACTION DOCUMENTS, OR ANY CONDUCT, ACTS OR OMISSIONS OF AGILITY OR RELATED TO ANY ACTION, PROCEEDING BORROWER OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PARTY PERSONS AFFILIATED WITH AGILITY OR ANY AFFILIATE BORROWER, IN ALL OF ANY OTHER SUCH PARTYTHE FOREGOING CASES, AS PERTAINS TO A CONTRACT CLAIMSWHETHER SOUNDING IN CONTRACT, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF OTHERWISE. IF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT JURY WAIVER IS FOR ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGREASON UNENFORCEABLE, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO RESOLVE ALL CLAIMS, CAUSES AND DISPUTES THROUGH JUDICIAL REFERENCE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 638 ET SEQ BEFORE A TRIAL MUTUALLY ACCEPTABLE REFEREE SITTING WITHOUT A JURY OR, IF NO AGREEMENT ON THE REFEREE IS REACHED, BEFORE A REFEREE SELECTED BY JURY IS WAIVED BY OPERATION THE PRESIDING JUDGE OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTCALIFORNIA SUPERIOR COURT FOR SANTA XXXXXXX COUNTY. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTPROVISION SHALL NOT RESTRICT A PARTY FROM EXERCISING NONJUDICIAL REMEDIES UNDER THE CODE.

Mutual Waiver of Jury Trial. IN MULTIPLIER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY MULTIPLIER OR BORROWER, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTIONAGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Borrower: WINC, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKSINC. By /s/ Mxxxxxx Xxxxxx Title Secretary Borrower: BWSC, IN WHOLE OR IN PARTLLC By /s/ Mxxxxxx Xxxxxx Title Secretary Multiplier: MULTIPLIER CAPITAL II, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10LP By: Multiplier Capital II GP, 11LLC, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSIts General Partner By /s/ Kxxxx Xxxxxxx Title Managing Member Schedule to Loan and Security Agreement Borrower: Winc, RENEWALSInc, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10a Delaware corporation BWSC, 11LLC, 12 OR 13 OF THIS AGREEMENTa California limited liability company Address: 5000 Xxxx Xxxx, Xxxxx 000 Xxx Xxxxxxx, XX 00000 Date: December 29, 2017 This Schedule is an integral part of the Loan and Security Agreement between Multiplier Capital II, LP (“Multiplier”) and the borrowers named above (jointly and severally, “Borrower”) of even date.

Mutual Waiver of Jury Trial. IN Because disputes arising in connection with complex financial transactions are most quickly and economically resolved by an experienced and expert person and The Parties wish applicable state and federal laws to apply (rather than arbitration rules), The Parties desire that their disputes be resolved by a judge applying such applicable laws. EACH OF THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (AND SUBJECT PARTIES SPECIFICALLY WAIVES ANY RIGHT THEY MAY HAVE TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CAUSE OF ACTION, CLAIM, CROSS-CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR CAUSE ANY OTHER CLAIM (COLLECTIVELY, “CLAIMS”) ASSERTED BY YOU AGAINST US OR OUR ASSIGNEE OR BY US OR OUR ASSIGNEE AGAINST YOU. IN THE EVENT THAT THE FOREGOING JURY TRIAL WAIVER IS NOT ENFORCEABLE, ALL CLAIMS, INCLUDING ANY AND ALL QUESTIONS OF ACTION BASED UPON LAW OR ARISING OUT OF OR RELATED TO ANY ACTIONFACT RELATING THERETO, PROCEEDING OR OTHER LITIGATION SHALL, AT THE WRITTEN REQUEST OF ANY TYPE BROUGHT PARTY, BE DETERMINED BY JUDICIAL REFERENCE PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE (“REFERENCE”). THE PARTIES SHALL SELECT A SINGLE NEUTRAL REFEREE, WHO SHALL BE A RETIRED STATE OR FEDERAL JUDGE. IN THE EVENT THAT THE PARTIES CANNOT AGREE UPON A REFEREE, THE REFEREE SHALL BE APPOINTED BY THE COURT. THE REFEREE SHALL REPORT A STATEMENT OF DECISION TO THE COURT. NOTHING IN THIS SECTION SHALL LIMIT THE RIGHT OF ANY PARTY AT ANY TIME TO EXERCISE LAWFUL SELF-HELP REMEDIES, FORECLOSE AGAINST COLLATERAL OR OBTAIN PROVISIONAL REMEDIES. THE PARTIES SHALL BEAR THE FEES AND EXPENSES OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTYREFEREE EQUALLY UNLESS THE REFEREE ORDERS OTHERWISE. THE REFEREE SHALL ALSO DETERMINE ALL ISSUES RELATING TO THE APPLICABILITY, AS PERTAINS TO A CONTRACT CLAIMSINTERPRETATION, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 AND ENFORCEABILITY OF THIS AGREEMENTSECTION. DEVRY AND THE EXECUTIVE EACH AGREE PARTIES ACKNOWLEDGE THAT ANY SUCH CLAIM OR CAUSE OF ACTION THE CLAIMS WILL NOT BE TRIED ADJUDICATED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGThis waiver extends to all such Claims, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTIONincluding Claims that involve Persons other than You and Us; Claims that arise out of or are in any way connected to the relationship between You and Us; and any Claims for damages, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKSbreach of contract, IN WHOLE OR IN PARTspecific performance, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10or any equitable or legal relief of any kind, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTarising out of this Warrant Agreement.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY COMPANY AND THE EXECUTIVE EACH DIRECTOR, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR RESPECTIVE ANY RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS LOAN AGREEMENT, THE NOTE, THE SECURITY DOCUMENTS OR ANY RELATED TO ANY ACTIONINSTRUMENT OR AGREEMENT, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED THEREBY, OR ANY AFFILIATE COURSE OF ANY OTHER SUCH PARTYCONDUCT, AS PERTAINS TO A CONTRACT CLAIMSDEALING, TORT CLAIMS STATEMENTS (WHETHER ORAL OR OTHERWISE UNDER SECTIONS 10WRITTEN), 11, 12 OR 13 ACTIONS OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE EITHER OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTTHEM. THIS WAIVER WILL APPLY SHALL NOT IN ANY WAY AFFECT THE DIRECTOR'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY SUBSEQUENT AMENDMENTSCONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THE NOTE, RENEWALSIN THE SECURITY DOCUMENTS OR ANY RELATED INSTRUMENT OR AGREEMENT. NEITHER THE COMPANY NOR THE DIRECTOR SHALL SEEK TO CONSOLIDATE, SUPPLEMENTS BY COUNTERCLAIM OR MODIFICATIONS OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL NOT BE DEEMED TO SECTIONS 10, 11, 12 HAVE BEEN MODIFIED IN ANY RESPECT OR 13 RELINQUISHED BY THE COMPANY OR THE DIRECTOR EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY BOTH OF THIS AGREEMENTTHEM.

Mutual Waiver of Jury Trial. IN LENDER AND GUARANTOR EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR GUARANTOR, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, AGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTFULL FORCE AND EFFECT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.Guarantor: TALEND SA. /s/ Xxxxxxx Xxxxxx Represented by: duly authorized Xxxxxxx Xxxxxx President Directeur General Lender:

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 SECTIONS 18 and 19 (AND SUBJECT TO SECTION 2319) OF THIS AGREEMENT, DEVRY THE COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMSCLAIM, TORT CLAIMS CLAIM OR OTHERWISE UNDER SECTIONS 106, 117, 12 8 OR 13 9 OF THIS AGREEMENT. DEVRY THE COMPANY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 106, 117, 12 8, OR 13 9 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 106, 117, 12 8, OR 13 9 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 23 (AND SUBJECT TO SECTION 2324) OF THIS AGREEMENT, DEVRY ADTALEM AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 9, 10, 11, OR 12 OR 13 OF THIS AGREEMENT. DEVRY ADTALEM AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 108, 119, 12 10 OR 13 11 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 8, 9, 10, 11, 12 OR 13 11 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN AGENT AND LENDERS AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY ANY PARTY HERETO, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTIONAGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. Borrower: Agent and Lender: CARDLYTICS, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTINC. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.PACIFIC WESTERN BANK /s/ Xxxxx X. Xxxxx /s/ Mykas Xxxxxxx Xxxxx X. Xxxxx Mykas Degesys

Mutual Waiver of Jury Trial. IN LENDER AND PLEDGOR EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR PLEDGOR, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, AGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTFULL FORCE AND EFFECT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.[Signatures on Next Page] Pledgor: Lender: TALEND SA. SQUARE 1 BANK By Represented by: Name duly authorized Title Xxxxxxx Xxxxxx President Directeur General Schedule 2

Mutual Waiver of Jury Trial. IN LENDER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR BORROWER, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTIONAGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. Borrower: On Deck Capital, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.Inc. By /s/ Xxxxxx Xxxxxxxxxx Title Chief Financial Officer Lender: Square 1 Bank By /s/ Xxxxxxx Xxxx Title SVP

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (BORROWER AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE AGILITY EACH WAIVE THEIR RESPECTIVE THE RIGHT TO A TRIAL BY JURY OF IN ANY CLAIM ACTION OR CAUSE OF ACTION PROCEEDING BASED UPON OR UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO, THIS AGREEMENT OR ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN AGILITY AND BORROWER, OR ANY CONDUCT, ACTS OR OMISSIONS OF AGILITY OR RELATED TO ANY ACTION, PROCEEDING BORROWER OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PARTY PERSONS AFFILIATED WITH AGILITY OR ANY AFFILIATE BORROWER, IN ALL OF ANY OTHER SUCH PARTYTHE FOREGOING CASES, AS PERTAINS TO A CONTRACT CLAIMSWHETHER SOUNDING IN CONTRACT, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF OTHERWISE. IF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT JURY WAIVER IS FOR ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGREASON UNENFORCEABLE, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO RESOLVE ALL CLAIMS, CAUSES AND DISPUTES THROUGH JUDICIAL REFERENCE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 638 ET SEQ BEFORE A TRIAL MUTUALLY ACCEPTABLE REFEREE SITTING WITHOUT A JURY OR, IF NO AGREEMENT ON THE REFEREE IS REACHED, BEFORE A REFEREE SELECTED BY JURY IS WAIVED BY OPERATION THE PRESIDING JUDGE OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTCALIFORNIA SUPERIOR COURT FOR SANTA XXXXXXX COUNTY. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTPROVISION SHALL NOT RESTRICT A PARTY FROM EXERCISING NONJUDICIAL REMEDIES UNDER THE CODE.

Mutual Waiver of Jury Trial. IN LENDER AND PLEDGOR EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR PLEDGOR, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, AGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTFULL FORCE AND EFFECT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.Pledgor: Lender: TALEND SA. SQUARE 1 BANK /s/ Xxxxxxx Xxxxxx By /s/ Xxxxx Xxxxxx Represented by: Name duly authorized Title Xxxxxxx Xxxxxx President Directeur General

Mutual Waiver of Jury Trial. IN EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE EVENT OF LITIGATION AS FULLEST EXTENT PERMITTED UNDER SECTION 22 (AND SUBJECT TO SECTION 23) OF THIS AGREEMENTBY APPLICABLE LAW, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM LITIGATION DIRECTLY OR CAUSE OF ACTION BASED UPON OR INDIRECTLY ARISING OUT OF OR RELATED RELATING TO ANY ACTIONTHIS AGREEMENT, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY THE ACQUISITION AGREEMENT AND ANY OF THE PARTIES AGAINST AGREEMENTS DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR ANY AFFILIATE OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVER, (C) IT MAKES SUCH WAIVER VOLUNTARILY AND (D) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGTHINGS, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF MUTUAL WAIVER AND CERTIFICATIONS IN THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTSECTION.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY ADTALEM AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY ADTALEM AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.. 0000 Xxxxxxxx Xxxxxxx ● Downers Grove, IL ● 60515-5799 ● T: 630-515-7700 ● xxxxxxx.xxx

Mutual Waiver of Jury Trial. IN AGENT AND XXXXXXX AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT, THE LOAN AGREEMENT, OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY ANY PARTY HERETO, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed. Exhibit 10.51 Borrower: CARDLYTICS, INC. By:_/s/ Xxxx Xxxxxx_______________________ Name: Xxxx Xxxxxx Title: Chief Legal and Privacy Officer Agent and Lender: BANC OF CALIFORNIA By:_/s/ Xxxxx Xxxxxxx__________ Name: Xxxxx Xxxxxxx Title: Senior Vice President Borrower/Converted Entity: DOSH HOLDINGS LLC By:_/s/ Xxxx Xxxxxx_______________________ Name: Xxxx Xxxxxx Title: Manager Borrower: AFIN INTERMEDIATE HOLDINGS INC. By:_/s/ Xxxx Xxxxxx_______________________ Name: Xxxx Xxxxxx Title: President, Treasurer and Secretary Borrower: AFIN HOLDINGS INC. By:_/s/ Xxxx Xxxxxx_______________________ Name: Xxxx Xxxxxx Title: President, Treasurer and Secretary Borrower: HSP EPI ACQUISITION, LLC By:_/s/ Xxxx Xxxxxx_______________________ Name: Xxxx Xxxxxx Title: Manager and President

Mutual Waiver of Jury Trial. IN LENDER AND EACH LOAN PARTY EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF Second Amended and Restated Loan and Security Agreement THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR SUCH LOAN PARTY, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, AGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTFULL FORCE AND EFFECT.

Mutual Waiver of Jury Trial. IN TO THE EVENT EXTENT PERMITTED BY LAW, EACH OF LITIGATION AS PERMITTED THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER SECTION 22 (THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND SUBJECT TO SECTION 23) OF THIS AGREEMENTDIFFICULT ISSUES, DEVRY AND THE EXECUTIVE THEREFORE EACH WAIVE THEIR RESPECTIVE PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM LITIGATION DIRECTLY OR CAUSE OF ACTION BASED UPON OR INDIRECTLY ARISING OUT OF OR RELATED RELATING TO ANY ACTIONTHIS AGREEMENT, PROCEEDING OR OTHER LITIGATION THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (i) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR ANY AFFILIATE OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY OTHER SUCH PARTYLITIGATION, AS PERTAINS SEEK TO A CONTRACT CLAIMSENFORCE THE FOREGOING WAIVER, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 (ii) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS AGREEMENT. DEVRY WAIVER, (iii) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND THE EXECUTIVE (iv) EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGPARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT13(C).

Mutual Waiver of Jury Trial. IN LENDER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR BORROWER, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. Borrower: ACCELERIZE NEW MEDIA INC. By /s/ Xxxxx Xxxx Title CEO Bank: SQUARE 1 BANK By /s/ Xxxxxxxx Xxxxxx Title Account Executive

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 19 (AND SUBJECT TO SECTION 2320) OF THIS AGREEMENT, DEVRY THE COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMSCLAIM, TORT CLAIMS CLAIM OR OTHERWISE UNDER SECTIONS 109, 11, 12 10 OR 13 11 OF THIS AGREEMENT. DEVRY THE COMPANY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 107, 118, 12 9 OR 13 10 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 107, 118, 12 9 OR 13 10 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN AGENT AND XXXXXXX AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT, THE LOAN AGREEMENT, OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY ANY PARTY HERETO, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. Certain information has been excluded from this agreement (indicated by “[***]”) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed. Exhibit 10.41 Borrower: CARDLYTICS, INC. By:_____/s/ Xxxx Xxxxxx____________ Name: Xxxx Xxxxxx Title: Chief Legal and Privacy Officer Agent and Lender: PACIFIC WESTERN BANK By:___/s/ Xxxxx Xxxxxxx______________ Name: Xxxxx Xxxxxxx Title: Senior Vice President Borrower: DOSH HOLDINGS LLC (formerly known as BSPEARS MERGER SUB II, LLC) By:_____/s/ Xxxx Xxxxxx____________ Name: Xxxx Xxxxxx Title: Manager Borrower: AFIN INTERMEDIATE HOLDINGS INC. By:_____/s/ Xxxx Xxxxxx____________ Name: Xxxx Xxxxxx Title: President, Treasurer and Secretary Borrower: AFIN HOLDINGS INC. By:_____/s/ Xxxx Xxxxxx____________ Name: Xxxx Xxxxxx Title: President, Treasurer and Secretary Borrower: HSP EPI ACQUISITION, LLC By:_____/s/ Xxxx Xxxxxx____________ Name: Xxxx Xxxxxx Title: Manager and President

Mutual Waiver of Jury Trial. IN THE EVENT PARTIES EACH ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY A PARTY, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. IF FOR ANY REASON THE PROVISIONS OF THIS SECTION ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY OTHER PARTY TERM OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. DEVRY , AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION ALL OTHER TERMS AND PROVISIONS OF THIS SECTION AS TO ANY ACTIONAGREEMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Creditor: NAVMAN WIRELESS NORTH AMERICA LP, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKSa Delaware limited partnership By /s/ Mxxxxxx X. Xxxx Title: EVP, IN WHOLE OR IN PARTCFO, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY Treasurer Present Amount of Subordinated Debt: $4,000,000 Address: 2000 Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxx, XX 00000 Attention: Mxxx Xxxx, EVP and CFO Facsimile: 800-000-0000 CONSENT AND AGREEMENT OF SECTIONS 10OBLIGOR The undersigned Obligor hereby approves of, 11agrees to and consents to all of the terms and provisions of the foregoing Subordination Agreement and agrees to be bound thereby and further agrees that any default or event of default by the Obligor under any present or future instrument or agreement between the Obligor and the Creditor shall constitute an immediate default and event of default under all present and future instruments and agreements between the Obligor and Lender. Obligor further agrees that, 12 OR 13 OF THIS AGREEMENTat any time and from time to time, the foregoing Agreement may be altered, modified or amended by Lender and the Creditor without notice to or the consent of Obligor. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSObligor: CALAMP WIRELESS NETWORKS CORPORATION, RENEWALSa Delaware corporation By /s/Gxxx Xxxxxxxxxx Vice President Obligor: CALAMP CORP., SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT.a Delaware corporation By /s/Rxxxxxx Xxxxxxx VP Finance & CFO Accepted: Lender: SQUARE 1 BANK By /s/Mxxx Xxxxxxx

Mutual Waiver of Jury Trial. IN LENDER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR BORROWER, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Square 1 Bank Third Amendment to Loan Agreement

Mutual Waiver of Jury Trial. IN THE EVENT PARTIES EACH ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR ANY LOAN PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Borrower: ON DECK CAPITAL, INC. By /s/ Xxxxxxx X. Xxxxxx Title Chief Financial Officer Lender: PACIFIC WESTERN BANK By /s/ Xxxx Xxxxxx Title Senior Vice President Guarantor: ODWS, LLC By /s/ Xxxxxxx X. Xxxxxx Title Officer

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 SECTIONS 18 and 19 (AND SUBJECT TO SECTION 2319) OF THIS AGREEMENT, DEVRY THE COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMSCLAIM, TORT CLAIMS CLAIM OR OTHERWISE UNDER SECTIONS 106, 117, 12 8 OR 13 9 OF THIS AGREEMENT. DEVRY THE COMPANY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 106, 117, 12 8, OR 13 9 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 106, 117, 12 8, OR 13 9 OF THIS AGREEMENT. THIS WAIVER APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW BUT NOT WITH RESPECT TO CLAIMS WHERE SUCH RIGHT CANNOT BE WAIVED.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 18 (AND SUBJECT TO SECTION 2319) OF THIS AGREEMENT, DEVRY THE COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMSCLAIM, TORT CLAIMS CLAIM OR OTHERWISE UNDER SECTIONS 105, 117, 12 8, 9, OR 13 10 OF THIS AGREEMENT. DEVRY THE COMPANY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 105, 117, 12 8, 9 OR 13 10 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 105, 117, 12 8, 9 OR 13 10 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 23 (AND SUBJECT TO SECTION 2324) OF THIS AGREEMENT, DEVRY GROUP AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 9, 10, 11, OR 12 OR 13 OF THIS AGREEMENT. DEVRY GROUP AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 9, 10, 11, OR 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 9, 10, 11, OR 12 OR 13 OF THIS AGREEMENT.

Mutual Waiver of Jury Trial. IN EACH OF THE EVENT OF LITIGATION AS PERMITTED PARTIES HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER SECTION 22 (THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND SUBJECT TO SECTION 23) OF THIS AGREEMENTDIFFICULT ISSUES, DEVRY AND THE EXECUTIVE THEREFORE EACH WAIVE THEIR RESPECTIVE PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM LITIGATION DIRECTLY OR CAUSE OF ACTION BASED UPON OR INDIRECTLY ARISING OUT OF OR RELATED RELATING TO ANY ACTIONTHIS AGREEMENT, PROCEEDING OR OTHER LITIGATION THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR ANY AFFILIATE OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY OTHER SUCH PARTYLITIGATION, AS PERTAINS SEEK TO A CONTRACT CLAIMSENFORCE THE FOREGOING WAIVER, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS AGREEMENT. DEVRY WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND THE EXECUTIVE (d) EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGPARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT10.4.

Mutual Waiver of Jury Trial. IN LENDER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR BORROWER, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Square 1 Bank Second Amendment to Loan Agreement

Mutual Waiver of Jury Trial. IN THE EVENT OF LITIGATION AS PERMITTED UNDER SECTION 22 (AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY COMPANY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE DIRECTOR, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WANE ANY RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS SECURITY AGREEMENT, THE NOTE, THE LOAN AGREEMENT, OR ANY RELATED TO ANY ACTIONINSTRUMENT OR AGREEMENT, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED THEREBY, OR ANY AFFILIATE COURSE OF ANY OTHER SUCH PARTYCONDUCT, AS PERTAINS TO A CONTRACT CLAIMSDEALING, TORT CLAIMS STATEMENTS (WHETHER ORAL OR OTHERWISE UNDER SECTIONS 10WRITTEN), 11, 12 OR 13 ACTIONS OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE EITHER OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENTTHEM. THIS WAIVER WILL APPLY SHALL NOT IN ANY WAY AFFECT THE DIRECTOR'S ABILITY TO PURSUE REMEDIES PURSUANT TO ANY SUBSEQUENT AMENDMENTSCONFESSION OF JUDGMENT OR COGNOVIT PROVISION CONTAINED IN THE NOTE, RENEWALSIN THE LOAN AGREEMENT OR ANY RELATED INSTRUMENT OR AGREEMENT. NEITHER THE COMPANY NOR THE DIRECTOR SHALL SEEK TO CONSOLIDATE, SUPPLEMENTS BY COUNTERCLAIM OR MODIFICATIONS OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL NOT BE DEEMED TO SECTIONS 10, 11, 12 HAVE BEEN MODIFIED IN ANY RESPECT OR 13 RELINQUISHED BY THE COMPANY OR THE DIRECTOR EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY BOTH OF THIS AGREEMENTTHEM.

Mutual Waiver of Jury Trial. IN TO THE EVENT EXTENT PERMITTED BY LAW, EACH OF LITIGATION AS PERMITTED THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER SECTION 22 (THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND SUBJECT TO SECTION 23) OF THIS AGREEMENTDIFFICULT ISSUES, DEVRY AND THE EXECUTIVE THEREFORE EACH WAIVE THEIR RESPECTIVE PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM LITIGATION DIRECTLY OR CAUSE OF ACTION BASED UPON OR INDIRECTLY ARISING OUT OF OR RELATED RELATING TO ANY ACTIONTHIS AGREEMENT, PROCEEDING OR OTHER LITIGATION THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (i) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR ANY AFFILIATE OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY OTHER SUCH PARTYLITIGATION, AS PERTAINS SEEK TO A CONTRACT CLAIMSENFORCE THE FOREGOING WAIVER, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 (ii) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS AGREEMENT. DEVRY WAIVER, (iii) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND THE EXECUTIVE (iv) EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGPARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT8.

Mutual Waiver of Jury Trial. IN TO THE EVENT EXTENT PERMITTED BY LAW, EACH OF LITIGATION AS PERMITTED THE PARTIES HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER SECTION 22 (THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND SUBJECT TO SECTION 23) OF THIS AGREEMENTDIFFICULT ISSUES, DEVRY AND THE EXECUTIVE THEREFORE EACH WAIVE THEIR RESPECTIVE PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM LITIGATION DIRECTLY OR CAUSE OF ACTION BASED UPON OR INDIRECTLY ARISING OUT OF OR RELATED RELATING TO ANY ACTIONTHIS AGREEMENT, PROCEEDING OR OTHER LITIGATION THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR ANY AFFILIATE OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY OTHER SUCH PARTYLITIGATION, AS PERTAINS SEEK TO A CONTRACT CLAIMSENFORCE THE FOREGOING WAIVER, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS AGREEMENT. DEVRY WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND THE EXECUTIVE (d) EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOINGPARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT9.3.

Mutual Waiver of Jury Trial. IN THE EVENT PARTIES EACH ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH OF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR ANY LOAN PARTY, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Version -EV Borrower: ON DECK CAPITAL, INC. By: /s/Xxxxxx Xxxxxxxxxx Title: Chief Financial Officer Lender: PACIFIC WESTERN BANK By: /s/ Xxxx Xxxxxx Title: SVP Guarantor: ODWS, LLC By: /s/Xxxxxx Xxxxxxxxxx Title: Authorized Signatory

Mutual Waiver of Jury Trial. IN LENDER AND BORROWER EACH ACKNOWLEDGE THAT THE EVENT RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED. EACH OF LITIGATION AS PERMITTED UNDER SECTION 22 (THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT, WITH COUNSEL OF THEIR CHOICE, KNOWINGLY, VOLUNTARILY AND SUBJECT TO SECTION 23) OF THIS AGREEMENT, DEVRY AND THE EXECUTIVE EACH WAIVE THEIR RESPECTIVE INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF IN ANY CLAIM OR CAUSE OF ACTION LITIGATION BASED UPON OR ARISING OUT OF THIS AMENDMENT OR ANY RELATED TO ANY ACTION, PROCEEDING INSTRUMENT OR OTHER LITIGATION OF ANY TYPE BROUGHT BY LOAN DOCUMENT OR ANY OF THE PARTIES AGAINST ANY OTHER PARTY TRANSACTIONS CONTEMPLATED BY THIS AMENDMENT OR ANY AFFILIATE COURSE OF CONDUCT, DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), ACTION OR INACTION OF ANY OTHER SUCH PARTYOF THEM. THESE PROVISIONS SHALL NOT BE DEEMED TO HAVE BEEN MODIFIED IN ANY RESPECT OR RELINQUISHED BY LENDER OR BORROWER, AS PERTAINS TO A CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE UNDER SECTIONS 10, 11, 12 OR 13 OF THIS AGREEMENT. DEVRY AND THE EXECUTIVE EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION WILL BE TRIED EXCEPT BY A COURT TRIAL WITHOUT A JURYWRITTEN INSTRUMENT EXECUTED BY EACH OF THEM. WITHOUT LIMITING IF FOR ANY REASON THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION PROVISIONS OF THIS SECTION AS TO ARE VOID, INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT ANY ACTION, COUNTERCLAIM OTHER TERM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF SECTIONS 10, 11, 12 OR 13 PROVISION OF THIS AGREEMENT. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTSAMENDMENT, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO SECTIONS 10, 11, 12 OR 13 AND ALL OTHER TERMS AND PROVISIONS OF THIS AGREEMENT.AMENDMENT SHALL BE UNAFFECTED BY THE SAME AND CONTINUE IN FULL FORCE AND EFFECT. [Signatures on Next Page] Borrower: ON DECK CAPITAL, INC. By /s/ Xxxxxx Xxxxxxxxxx Title Chief Financial Officer Bank: SQUARE 1 BANK By /s/ Xxxx Xxxxxx Title Vice President