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10. Indemnity. The Parties agrees to indemnify and each other hold harmless from all loss, liability, claims <br />or expense, including attorney's fees, arising out of or related to the Agreement and arising from any <br />negligence or misconduct caused in whole or in part by the negligence or misconduct of the other Party <br />except to the extent same are caused by the negligence or willful misconduct. It is the intent of this <br />provision to require the Parties indemnify each other to the fullest extent permitted under North <br />Carolina law. <br />11. Governing Law. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event <br />that it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in North <br />Carolina. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of <br />this Agreement, which may be brought by either of the parties. <br />(signature page follows) <br />Digital Library Reserve Application Services Agreement - E-iNC Library Consortium <br />©2011 OverDrive, Inc./ Updated 9/13/2011 <br />