5. Sale By Buyer to Other Party.
Buyer agrees to fully inform any person to whom he/she sells or transfers the Model Engine,
concerning the handling, use, and operation of the Model Engine, and agrees to give all operating instructions to such person, at or before the
time of sale or transfer. The indemnity and hold harmless agreement contained in Paragraph 3 continues in effect, following such sale or transfer.
6. Severability.
In the event any clause, provision, or term of this Agreement is held to be ineffective, void or otherwise
unenforceable for any reason, that clause, provision, or term shall be severed from this Agreement, and the Agreement shall otherwise remain
binding and effective. If any portion of Paragraph 3 is found to be unenforceable, then the parties agree that the fullest and most complete waiver
and release which is permitted by law, shall be effective.
7. California Law Applicable.
The law of the State of California shall apply to any and all controversies which may arise out of or
relate to this Agreement, the sale of the Model Engine, or its ownership, use, or operation.
8. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE
BREACH THEREOF, OR THE OWNERSHIP, USE, OR OPERATION OF THE MODEL ENGINE, SHALL BE SETTLED BY
ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE/ENDISPUTE, AT ITS LOS
ANGELES OFFICE, UNDER ITS THEN APPLICABLE RULES AND PROCEDURES. THE ARBITRATION SHALL BE BINDING,
AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION. BUYER EXPRESSLY ACKNOWLEDGES AND WAIVES THE RIGHT TO FILE A LAWSUIT IN A COURT OF
LAW, TO HAVE THE MATTER DETERMINED BY A JURY, AND TO APPEAL. BUYER'S AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY. THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO SUBMIT DISPUTES ARISING OUT OF ALL MATTERS TO NEUTRAL ARBITRATION.
9. This Document Is the Full Expression of Parties' Agreement.
This Agreement contains the full and complete agreement of the
parties. There is no representation, term, or provision which is outside this Agreement. Any and all discussions, oral agreements, and
representations are merged into this single written Agreement. This Agreement cannot be modified or amended in any way, except by written
Amendment, signed by the parties.
10. Paragraph Headings Not Controlling.
The heading to any paragraph, or subparagraph of this Agreement, shall not be
dispositive, but may be used to interpret the parties' intentions.
11. No Interpretation of Agreement Against Either Party.
Buyer understands and expressly acknowledges that he/she has the right
to have an attorney read and review this Agreement, before execution. This Agreement shall not be interpreted against either party, but shall be
interpreted as if it was drafted mutually by the parties.
12) If the Buyer is not prepared to fully accept the PURCHASE AGREEMENT, FULL ASSUMPTION OF LIABILITY AND
INDEMNITY AGREEMENT, the Buyer is advised to return this Model Engine immediately in new and unused condition to the place of
purchase.
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