And Performance . This Agreement shall be governed, construed, interpreted and enforced in accordance with the substantive laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law provi s ion or rule (whether of the Commonwealth of Ma ssac husetts or any other juri sdic tion) that would cause the application of the law of any jurisdiction other than the Commonwealth of Massachusetts . Any legal action or proceeding with respect to thi s Agreement sha ll be brought in the courts of the Commonwealth of Massachusetts or of the United States of America for the District of Massachusetts . By execution and deli very of this Agreement, each of the partie s hereto accepts for itself and in respect of it s property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. ANY ACTION, DEMAND, CLAIM, OR COUNTERCLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY A JUDGE ALONE AND EACH OF COMPANY AND EXECUTIVE WAIVES ANY RIGHT TO A JURY TRIAL THEREOF.