Common use of Waiver of Jury Trial; Judicial Reference Clause in Contracts

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hxxxxx agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note or any of the transactions contemplated herein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Cxxxx County. This paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) In witness whereof, this Amended and Restated Note is executed as of the date first written above. COMPANY TENON MEDICAL, INC. a Delaware corporation By: /s/ Kal Mentak Name: Kal Mentak Title: CEO ACCEPTED AND AGREED TO: INVESTOR PHOENIX DEVENTURES INC. By: /s/ Jxxxxxx X Xxxxxxxxx Name: Jxxxxxx J Cxxxxxxxx Xxxxx: CEO Address: 18655 Madrone Parkway Morgan Hill, CA 95037 Email: jxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hxxxxx hereby agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this NoteNote or any of the Transaction Documents. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note Note, the Transaction Documents or any of the transactions contemplated herein therein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Cxxxx County. This paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) In witness whereof, this Amended and Restated Note is executed as of the date first written above. COMPANY TENON MEDICAL, INC. a Delaware corporation By: /s/ Kal Mentak Name: Kal Mentak Title: CEO ACCEPTED AND AGREED TO: INVESTOR PHOENIX DEVENTURES INC. By: /s/ Jxxxxxx X Xxxxxxxxx Pxxx Xxxxxxx Name: Jxxxxxx J Cxxxxxxxx XxxxxPxxx Xxxxxxx Title: CEO Address: 18655 Madrone Parkway Morgan Hill, CA 95037 5000 Xxx Xx Xx Xxxxx Xxx Xxxxxx Xxxxx XX 00000 President Email: jxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxxpxxx.xxxxxxx@xxxxxx.xx

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hxxxxx agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note or any of the transactions contemplated herein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Cxxxx County. This paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) In witness whereof, this Amended and Restated Note is executed as of the date first written above. COMPANY TENON MEDICAL, INC. a Delaware corporation By: /s/ Kal Mentak Name: Kal Mentak Title: CEO ACCEPTED AND AGREED TO: INVESTOR PHOENIX DEVENTURES INC. By: /s/ Jxxxxxx X Xxxxxxxxx Nxxxx Xxxxx Name: Jxxxxxx J Cxxxxxxxx XxxxxNxxxx Xxxxx Title: President & CEO Address: 18655 Madrone Parkway Morgan Hill100 Xxxxxxxx Xxxx, Xxxxx 000 San Ramon, CA 95037 94583 Email: jxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxxnxxxxx@xxxxxxxxxxxxxxx.xxx

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hxxxxx agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note or any of the transactions contemplated herein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Cxxxx County. This paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) In witness whereof, this Amended and Restated Note is executed as of the date first written above. COMPANY TENON MEDICAL, INC. a Delaware corporation By: /s/ Kal Mentak Name: Kal Mentak Title: CEO ACCEPTED AND AGREED TO: INVESTOR PHOENIX DEVENTURES By: Name: Title: Address: Email: In witness whereof, this Note is executed as of the date first written above. COMPANY TENON MEDICAL, INC. a Delaware corporation By: Name: Title: ACCEPTED AND AGREED TO: INVESTOR By: /s/ Jxxxxxx X Xxxxxxxxx Pxxx Xxxxxxx Name: Jxxxxxx J Cxxxxxxxx XxxxxPxxx Xxxxxxx Title: CEO President Address: 18655 Madrone Parkway Morgan Hill, CA 95037 5000 Xxx Xx Xx Xxxxx Xxx Xxxxxx Xxxxx XX 00000 Delray Beach FL 33484 Email: jxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxxpxxx.xxxxxxx@xxxxxx.xx

Waiver of Jury Trial; Judicial Reference. By acceptance of this Note, Investor hereby agrees and the Company hxxxxx agrees to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Note. If the jury waiver set forth in this paragraph is not enforceable, then any claim or cause of action arising out of or relating to this Note or any of the transactions contemplated herein shall be settled by judicial reference pursuant to Code of Civil Procedure Section 638 et seq. before a referee sitting without a jury, such referee to be mutually acceptable to the parties or, if no agreement is reached, by a referee appointed by the Presiding Judge of the California Superior Court for Santa Cxxxx County. This paragraph shall not restrict a party from exercising remedies under the Uniform Commercial Code or from exercising pre-judgment remedies under applicable law. (Signature Page Follows) In witness whereof, this Amended and Restated Note is executed as of the date first written above. COMPANY TENON MEDICALTenon Medical, INC. Inc. a Delaware corporation By: /s/ Kal Mentak Name: Kal Mentak Title: CEO ACCEPTED AND AGREED TO: INVESTOR PHOENIX DEVENTURES INC. LXXXX CONSULTING, LLC a California Limited Liability Company By: /s/ Jxxxxxx X Xxxxxxxxx Kal Mentak Name: Jxxxxxx J Cxxxxxxxx XxxxxKal Mentak Title: CEO Address: 18655 Madrone Parkway Morgan Hill, CA 95037 2000 xxxxx xxxx xxxxx X san ramon ca 94583 Email: jxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxxkxxxxxx@xxxxx.xxx