Common use of Choice of Law; Jury Trial Clause in Contracts

Choice of Law; Jury Trial. This Schedule shall be governed by and construed, and the legal relations between the parties shall be determined, in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this Agreement. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. PROSHARES TRUST II (“you”) By: Title: Date:

Choice of Law; Jury Trial. This Schedule shall be governed by and construedconstrued in accordance with, and the legal relations between the parties shall be determined, determined in accordance with with, the laws of the State of New York, without giving effect to the principles of conflicts of laws. Each party agrees to waive its right to trial by jury in any action or proceeding based upon or related to this AgreementSchedule. The parties agree that all actions and proceedings based upon or relating to this Schedule shall be litigated exclusively in the federal and state courts located within New York City, New York. The undersigned acknowledges that (I/we) have received a copy of this document. PROSHARES TRUST II MXXXXXXX A SHARE SELECTIONS FUND, LLC (“you”) By: Title: Date: