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D. Disclaimer of Warranties. The mark is licensed hereunder on an as is basis. There are no warranties of any kind, express or implied, or from a course of dealing or usage of trade, including but not limited to, warranties of title, warranties of noninfringement and the implied warranties or conditions of merchantability and fitness for a particular purpose. E. Limitation of Liabilitv. Licensor shall not be liable for any direct, indirect, consequential, incidental or enhanced damages arising out of the use or inability to use the Mark. III. TERMINATION If Licensee breaches any provision of this Agreement, Licensor may provide Licensee written notice of the violation. Licensee shall have ten days from receipt of the notice to cure the violation. Licensee shall verify in writing that the violation has been cured. If the violation is not cured within ten days, then Licensor may terminate this Agreement upon written notice. Sections II.C, II.D, II.E, IV and V shall survive termination of this Agreement. IV. DISPUTE RESOLUTION Any claim, controversy or dispute between the parties, their agents, employees, officers, directors or affiliated agents shall be resolved by arbitration conducted by a single arbitrator engaged in the practice of law, under the then current rules of the American Arbitration Association ("AAA"). The Federal Arbitration Act, 9 U. S. C. Sections 1-16, not state law, shall govern the arbitrability of all disputes. The arbitrator shall have authority to award compensatory damages only. The arbitrator's award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys' fees, and shall share equally in the fees and expenses of the arbitrator. The laws of Texas shall govern the construction and interpretation of the Agreement, and the arbitration shall occur in Texas. It is expressly agreed that either party may seek injunctive relief in an appropriate court of law or equity pending an award in arbitration. V. MISCELLANEOUS TERMS A. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Texas without reference to choice of law provisions. B. Severabilitv. If any part of this Agreement shall for any reason be declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in full force and effect. TEXASWI$E PARTICIPATION AGREEMENT ATTACHMENT B PAGE 30f4