10.21 Waiver of jury trial. Unless expressly prohibited by applicable law, the undersigned hereby waive the right to trial by jury of any matters or claims arising out of this Agreement or any of the Loan Documents executed in connection herewith or out of the conduct of the relationship between the undersigned and Bank. This provision is a material inducement for Bank to make the Loan and enter into this agreement. Further, the undersigned hereby certify that no representative or agent of Bank, nor Bank's counsel, has represented, expressly or otherwise, that Bank would not seek to enforce this waiver or rigth to jury trial provision. No representative or agent of Bank, nor Bank's counsel, has the authority to waive, condition or modify this provision.