2017-08-17 MARKETING, SALES, TRANSPORTATION AND STORAGE SERVICES AGREEMENT

11.6 Modification; Waiver. This Agreement may not be altered, amended or modified
in any way except by a writing signed by both parties. The failure of a party to enforce any
provision of the Agreement shall not be construed to be a waiver of the right of such party to
thereafter enforce that provision or any other provision or right.
11.6 变 更 、 弃 权 除 非 协 议 双 方 书 面 同 意 , 任 何 一 方 不 得 对 本 协 议 做 出 任 何
改 变 、 修 订 或 者 变 更 。 本 协 议 任 何 一 方 未 严 格 执 行 本 协 议 的 任 何 条 款 不 应 被 视 为 该 方 放 弃
执 行 该 条 款 的 或 者 其 他 条 款 或 权 利 。
11.7 Entire Agreement. This Agreement and the exhibits hereto represent and
constitute the entire agreement between the parties, and supersedes and merges all prior
negotiations, agreements and understandings, oral or written, with respect to any and all
matters between the Representative and Company.
11.7 协 议 完 整 性 本 协 议 及 其 所 有 附 件 构 成 双 方 达 成 的 完 整 协 议 , 并 取 代
公 司 和 代 理 商 之 前 所 有 本 协 议 相 关 的 口 头 或 者 书 面 的 协 商 、 协 议 和 谅 解 。
11.8 Governing Law and Dispute Resolution: This Agreement shall be governed
by and construed under the laws of the State of New York, notwithstanding any conflict of
laws principles. The parties hereby irrevocably and unconditionally (a) agree to submit to the
jurisdiction of the federal and state courts located within the geographical boundaries of the
United States District Court for the Southern District of New York for the purpose of any suit,
action or other proceeding arising out of or based upon this Agreement, (b) agree not to
commence any suit, action or other proceeding arising out of or based upon this Agreement
except in the federal and state courts located within the geographical boundaries of the United
States District Court for the District of Southern District of New York, and (c) hereby waive,
and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action
or proceeding, any claim that it is not subject personally to the jurisdiction of the abovenamed
courts, that its property is exempt or immune from attachment or execution, that the
suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit,
action or proceeding is improper or that this Agreement or the subject matter hereof may not
be enforced in or by such court. [Alternative: Any unresolved controversy or claim arising
out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii)
any such controversies or claims arising out of either party’s intellectual property rights for
which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by
one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within
thirty (30) days after names of potential arbitrators have been proposed by the American
Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in
corporate finance transactions of the type provided for in this Agreement and who is chosen
by the AAA. The arbitration shall take place in New York, New York, in accordance with the
AAA rules then in effect, and judgment upon any award rendered in such arbitration will be
binding and may be entered in any court having jurisdiction thereof. There shall be limited
discovery prior to the arbitration hearing as follows: (a) exchange of witness lists and copies