By accepting this Award under the Plan, Participant waives any right to a trial by jury in any action, proceeding or counterclaim concerning any rights under ( a ) the Plan, ( b ) the Prior Plan, ( c ) any Award, ( d ) any award granted under the Prior Plan, or ( e ) any amendment, waiver, consent, instrument, document or other agreement delivered or which in the future may be delivered in connection with any of the foregoing, and agrees that any such action, proceedings or counterclaim shall be tried before a court and not before a jury.