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(c)
Any mediator or arbitrator will be appointed, pursuant to Subsection 9(a) and 9(b) above, by agreement
between You and Recon or, in default of agreement, such mediator or arbitrator will be appointed by a
Judge of the Supreme Court of British Columbia sitting in the Courts of Vancouver, upon the application of
either such party.
(d)
In any arbitration proceeding between You and Recon, it is agreed that the parties will be entitled to
discovery to the same extent permitted by the Supreme Court of British Columbia as if the matter were
being adjudicated in such Court.
10.
Attornment. You waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any
other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which the You are
resident to have a court case or arbitral hearing relating to this Limited Warranty adjudicated or resolved in that
jurisdiction. Any rule of interpretation, law or regulation that provides that the language of a contract will be
interpreted against the drafter will not apply to this Limited Warranty.
11.
Governing Law. This Limited Warranty will be governed by and interpreted in accordance with the laws
(procedural and substantive) of the Province of British Columbia and the federal laws of Canada as if made and
performed by and between parties situate in such province and without regard to the conflict of law rules that
would apply a different body of law.
12.
Severability. Each provision of this Limited Warranty is declared to be a separate and distinct promise and to be
separable from all other such separate and distinct promises. If any promise, provision or part thereof is
determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or
unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any
other promise or provision in this Limited Warranty or any part thereof and the said court or other constituted
legal authority will have the authority to limit such promise or provision as it deems proper.
13.
Waiver. The failure by Recon to insist on strict compliance with any provision of these terms and conditions will
not be deemed to be a waiver of such provision, and a waiver of any provision of these terms and conditions at any
one time or times will not be deemed to be a waiver for any other time. The failure of Recon to assert its rights in a
timely fashion for any of its rights or remedies under these terms and conditions will not be interpreted as a
novation or a waiver of any subsequent or continuing breach and will not serve to modify, alter or restrict the right
of Recon to assert any rights at any time thereafter
14.
English Language. Except to the extent prohibited by applicable law, You acknowledge and agree that that this
Limited Warranty and any and all related documents be drawn up in English.
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