Uncapit Beta Test Agreement

1. Acceptance

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE BETA SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE BETA SERVICE.

You will be required, at the time of each upload of a compensation plan or related document, to separately confirm the User Representations on Upload set forth in Section 7.

2. Definitions

"Beta Period" means the period beginning on July 6, 2026 and ending on July 24, 2026, unless extended in writing by Uncapit or terminated earlier in accordance with this Agreement. Uncapit may, at its sole discretion, extend the Beta Period by notice to active testers.

"Beta Service" means the Uncapit web-based application and any related features, documentation, tools, calculators, artificial-intelligence features, and APIs made available to you during the Beta Period.

"Your Content" means any document, compensation plan, commission plan, employment-related document, information, data, text, file, prompt, response, or other content that you upload to or enter into the Beta Service.

"Feedback" means evaluative comments, suggestions, ideas, bug reports, or feature requests you provide to Uncapit concerning the Beta Service. Feedback does not include Your Content.

"De-Identified Derivatives" means data derived from Your Content from which all information that could reasonably be used, alone or in combination with other data, to identify you, any specific employer, any specific customer, any specific employee, or any specific compensation plan has been removed.

3. Beta Program

The Beta Service is provided to you as part of Uncapit's pre-release beta program. The Beta Service is provided free of charge, on an "as available" basis. Uncapit may add, remove, or modify features at any time without notice. Uncapit makes no commitment to make the Beta Service or any feature thereof generally available, nor to support any particular feature, beyond the Beta Period. Upon expiration or termination of the Beta Period, your right to access the Beta Service ends unless you accept a successor agreement for any generally available Uncapit service.

You acknowledge that the Beta Service may contain undisclosed defects, may produce inaccurate, incomplete, unexpected, or misleading results, including incorrect commission calculations, extraction errors, modeling errors, forecasting errors, and benchmarking inaccuracies, and may be temporarily or permanently unavailable. Uncapit makes no representation or commitment as to the availability, performance, accuracy, security, or fitness of the Beta Service.

4. License Grant

Subject to this Agreement, Uncapit grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Beta Service through its web interface during the Beta Period, solely for your personal use as an individual sales representative evaluating, modeling, or understanding your own compensation plan and sales strategy. The license is tied to your individual account. You may not (a) share login credentials, (b) enable shared or multi-user access, (c) use the Beta Service on behalf of any employer or other third party, or (d) use the Beta Service to provide services to others.

You will not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the underlying source code, models, prompts, workflows, formulas, extraction logic, or system architecture of the Beta Service, except to the extent that this restriction is prohibited by applicable law.

Without first obtaining the express written consent of Uncapit, you may not assign your rights or obligations under this Agreement, or sublicense, sell, rent, lease, or otherwise transfer your rights to the Beta Service.

5. User Accounts

To use the Beta Service, you must create an account and provide an email address and password. You represent that you are at least 18 years old, are a United States resident, and are using the Beta Service for your own personal benefit as an individual sales representative. You are responsible for safeguarding your credentials and for all activity that occurs under your account.

Uncapit may suspend or terminate any account, with or without notice, for violation of this Agreement, for reasons of platform integrity, in response to a credible third-party complaint, or at the conclusion of the Beta Period.

You will provide notice to Uncapit within ten (10) business days if you become aware that any of Your Content was uploaded in violation of any of the User Representations on Upload. Upon receipt of such notice, Uncapit will, at its discretion, delete, disable, quarantine, preserve, restrict access to, or remove such content.

6. Statutory Protections

You acknowledge that under Section 7 of the National Labor Relations Act and applicable state pay-transparency and wage-disclosure laws, you have legally protected rights to discuss your wages, hours, and other terms and conditions of employment. Your use of the Beta Service for personal analysis of your own compensation falls within the scope of those protections to the extent permitted by law.

Nothing in this Agreement is intended to or shall be construed to (a) waive, restrict, or limit your rights under Section 7 of the National Labor Relations Act, the Defend Trade Secrets Act's whistleblower immunity (18 U.S.C. § 1833(b)), any applicable pay-transparency or wage-disclosure statute, or any other non-waivable statutory right, or (b) prevent you from making confidential disclosures to government agencies, regulators, or law-enforcement officials.

Nothing in this Section authorizes you to upload, disclose, or use any document or information in violation of any lawful confidentiality, trade-secret, intellectual-property, employment, contractual, or legal obligation.

7. User Representations on Upload

By uploading any document or other content to the Beta Service, you represent and warrant, as of the moment of upload, that:

• (a) Right to upload. You have reviewed your applicable contractual, employment, confidentiality, non-disclosure, trade-secret, intellectual property, employer policy, and legal obligations to the extent reasonably necessary to determine whether you may upload the document. You have the right to upload the document for your own personal analysis within the Beta Service. To your actual knowledge, the upload does not violate any contract, employment agreement, non-disclosure agreement, confidentiality obligation, intellectual-property right, trade-secret obligation, employer policy, or other duty you owe to any third party. You acknowledge that Uncapit relies on your own evaluation, has not reviewed any agreement you may have with any third party, and is not in a position to advise you on whether your upload is permissible.
• (b) Personal capacity only. You are uploading the document solely in your personal capacity as an individual sales representative, and not on behalf of any employer, client, customer, or other entity. No employer, client, customer, or other entity has instructed, authorized, retained, or directed you to upload content to or use the Beta Service.
• (c) No third-party PII. The document does not contain personally identifiable information of any individual other than yourself, except to the extent inherent to a compensation plan that names you or that contains generic plan structure.
• (d) No express prohibition; no improper acquisition. You have not been expressly prohibited from sharing, uploading, or using the document by its owner, your employer, or any other person with authority over the document, and you have no actual knowledge that the document was obtained, accessed, retained, possessed, or uploaded by you in violation of any law, contract, policy, or duty.
• (e) Permitted submission for personal analysis. To your actual knowledge, you are legally permitted to upload and submit Your Content for personal analysis notwithstanding any confidentiality, trade secret, intellectual property, employment, employer-policy, or contractual restrictions that may apply to Your Content.
• (f) No external republication. You will not use the Beta Service or any output of the Beta Service to publish, distribute, post, sell, or otherwise disclose Your Content (or substantial portions of it) outside the Beta Service or beyond your own personal use, except as expressly permitted by law (including in the exercise of rights protected under Section 7 of the National Labor Relations Act or applicable pay-transparency statutes, exercised in your individual capacity).
• (g) No reliance on Uncapit for legal clearance. You understand and agree that Uncapit does not review Your Content for legal uploadability, confidentiality restrictions, trade-secret status, ownership, intellectual property restrictions, employer policy restrictions, or contractual restrictions. You are solely responsible for determining whether Your Content may be uploaded and processed.

8. Your Content; License to Uncapit

You retain all right, title, and interest in and to Your Content, subject to any rights held by third parties. You grant Uncapit a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, analyze, extract data from, and create internal derivative works of Your Content as reasonably necessary to provide, maintain, secure, test, debug, improve, and support the Beta Service.

You further grant Uncapit a non-exclusive, worldwide, royalty-free, perpetual license to create, retain, use, analyze, aggregate, commercialize, and otherwise exploit De-Identified Derivatives of Your Content for product development, analytics, benchmarking development, extraction improvement, classification improvement, calculation improvement, machine-learning optimization, fraud prevention, security, internal research, business operations, improvement of Uncapit's services, and the creation of industry trends, benchmarking products, market intelligence products, analytics products, compensation insight products, and future commercial offerings, provided that such De-Identified Derivatives do not reasonably identify you, your employer, any specific compensation plan, or any other identifiable individual or entity.

Uncapit may use De-Identified Derivatives of Your Content to generate peer benchmarks and comparisons displayed to other users, provided that each such benchmark reflects a cohort of at least ten (10) distinct contributing users and does not surface plan-structure combinations attributable to any specific employer. Uncapit will not display any benchmark in a form that identifies you, your employer, or any specific compensation plan.

Uncapit will not (i) sell or license Your Content in identifiable form to data brokers or to any third party, (ii) republish identifiable employer-specific compensation plans, (iii) provide benchmarking outputs to your employer in any form that identifies you, or (iv) use Your Content as training data to fine-tune large language models, except with your separate, opt-in consent.

9. Benchmarking and Aggregation

The Beta Service displays peer benchmarks and comparisons. Where a peer cohort includes at least ten (10) distinct contributing users, the benchmark is a statistical aggregate derived from the de-identified compensation data of Uncapit's users. Where sufficient peer data is not available, Uncapit displays an estimate derived from its general market knowledge and industry experience. Uncapit does not surface benchmarks that identify you, any other user, any specific employer, or any specific compensation plan.

Peer benchmarks are statistical estimates based on Uncapit's user base. Because they reflect Uncapit's users rather than the entire population of sales professionals, they are directional indicators rather than a complete or representative census of the broader market, and individual results vary. You should not rely on any benchmark as the sole basis for an employment, compensation, financial, tax, legal, or career decision, or as a representation of any particular person's or employer's actual compensation.

10. AI-Generated Outputs; No Professional Advice

Certain features of the Beta Service, including plan extraction, commission modeling, calculation tools, benchmarking features, and the AI Coach responses, may be powered by artificial intelligence, automated extraction tools, third-party large language models, and user-provided inputs. Outputs may be incomplete, inaccurate, internally inconsistent, based on incorrect assumptions, based on incomplete or outdated information, or otherwise wrong.

Uncapit does not independently verify information contained in uploaded documents, user-entered data, prompts, assumptions, or other User-provided inputs. Any output generated by the Beta Service depends on the accuracy, completeness, and clarity of the information provided by you.

Uncapit does not guarantee the accuracy, completeness, reliability, legality, or usefulness of any extracted plan data, formulas, assumptions, calculator results, projections, summaries, recommendations, benchmarking outputs, or AI-generated responses. The Beta Service does not provide legal, financial, tax, accounting, employment, payroll, human-resources, career, or professional advice. You acknowledge that any calculation, forecast, projection, benchmark, recommendation, or compensation estimate generated by the Beta Service may be materially inaccurate and should not be relied upon as a substitute for review of your actual compensation plan.

You are solely responsible for reviewing and verifying all outputs against your actual compensation plan, employment agreement, commission statements, payroll records, employer policies, and applicable law. You should consult a qualified professional before relying on any output for any employment, legal, financial, tax, payroll, or compensation-related decision.

11. Wage, Earnings, and Employment-Dispute Disclaimer

The Beta Service is an analytical tool only. It is not a payroll system, commission-tracking system of record, legal-dispute tool, wage-calculation system, or compensation entitlement determination tool. Nothing generated by the Beta Service constitutes a wage claim, commission claim, demand for compensation, legal conclusion, expert opinion, audit, payroll record, or legally binding determination of amounts owed by any employer.

You agree that you will not rely on the Beta Service or any output as the sole basis for making employment, compensation, financial, tax, legal, or career decisions, including quitting a job, accepting or rejecting employment, negotiating compensation, filing a wage claim, initiating a dispute, or taking legal action against an employer.

In any dispute between you and your current or former employer concerning compensation, commissions, wages, bonuses, benefits, employment terms, or related matters, Uncapit shall have no liability arising from or relating to such dispute, your use of the Beta Service, or any output generated by the Beta Service.

12. Acceptable Use

You will not:

• (a) upload any document you have been expressly prohibited from sharing, uploading, or using;
• (b) upload any document belonging to another individual without their consent;
• (c) use the Beta Service to recruit, solicit, defame, harass, threaten, or target your employer or any third party;
• (d) attempt to extract, reconstruct, or re-identify other users' content or benchmark cohorts;
• (e) scrape, crawl, or automate access to, or overload the Beta Service without Uncapit's prior written permission;
• (f) use the Beta Service in furtherance of any unlawful act;
• (g) export, publish, distribute, or share outputs of the Beta Service in a manner that identifies, reproduces, or substantially reconstructs any specific employer's compensation plan;
• (h) present Uncapit outputs as a determination of wages owed, an audited record of compensation, or evidence in any employment dispute;
• (i) facilitate, instruct, or assist any other person to upload content in violation of this Section or the User Representations on Upload; or
• (j) upload information that you know or reasonably should know you are not legally permitted to upload.
• (k) upload content primarily for the purpose of generating litigation support materials, expert reports, or legal claims using Beta Service outputs as evidence against any employer.

13. Privacy and Sub-Processors

Uncapit collects account data, compensation plan documents you upload, optional deal pipeline data you provide, AI Coach conversation content, and platform usage data. Uncapit processes this data using the following sub-processors: Supabase for database, authentication, and file storage; Vercel for web hosting and delivery; OpenAI for plan extraction and embeddings; Anthropic for AI Coach responses and benchmarking insights; Sentry for error monitoring; and PostHog for product analytics. All data is stored on United States infrastructure.

Uncapit's API integrations with OpenAI and Anthropic are configured under each provider's enterprise data-processing addendum and, where supported, under their respective Zero Data Retention or equivalent options, such that customer content sent to these providers is not retained by them beyond the API call.

Uncapit retains uploaded source documents, including PDFs, for up to twelve (12) months after upload to support extraction-quality improvement and re-processing, unless earlier deleted by you or by Uncapit, or unless a longer retention period is reasonably necessary for security, legal compliance, dispute preservation, fraud prevention, backup integrity, or platform-integrity purposes. After the applicable retention period, uploaded source documents will be deleted from active systems and backup storage on Uncapit's defined deletion cycle.

Extracted parameters, structured data, calculation inputs, account data, usage data, and De-Identified Derivatives may be retained for the life of your account, subject to your right to delete via available in-product controls and to the data-handling provisions in Section 22.

De-Identified Derivatives may be retained indefinitely, provided they do not reasonably identify you, your employer, any specific compensation plan, or any other specific person or entity.

Full details on collection, use, retention, and user rights are in the Uncapit Privacy Policy, which is incorporated into this Agreement by reference.

14. Third-Party Complaints and Content Removal

If Uncapit receives a complaint, demand, notice, or other communication alleging that Your Content violates a third party's confidentiality rights, trade-secret rights, intellectual-property rights, contractual rights, employment policies, or other legal rights, Uncapit may, in its sole discretion and without liability to you, remove, disable, quarantine, restrict, preserve, or delete the applicable content or account pending investigation or resolution.

Uncapit has no obligation to adjudicate disputes between you and any employer or third party regarding ownership, confidentiality, trade-secret status, or upload authorization. You remain solely responsible for resolving any such dispute.

15. Confidentiality of the Beta Service

During the Beta Period and for twelve (12) months thereafter, you will (a) treat the Beta Service, its features, performance, user interface, prompts, workflows, extraction logic, calculation logic, and any non-public documentation as Uncapit's confidential information, (b) not publish public reviews, screenshots, or performance benchmarks of the Beta Service without Uncapit's prior written consent, and (c) limit your discussion of the Beta Service to reasonable personal use and to communications with Uncapit.

Nothing in this Section restricts your rights under Section 7 of the National Labor Relations Act, applicable pay-transparency laws, or any non-waivable consumer-protection law to discuss compensation or working conditions, or to discuss your experience with the Beta Service in those contexts.

16. Feedback

If you provide Feedback to Uncapit, you grant Uncapit a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Beta Service or any successor service, without obligation to you. Feedback does not include Your Content, and the license in this Section applies only to Feedback that is evaluative of the Beta Service, such as bug reports, feature requests, and design suggestions.

17. Copyright Notices

If you believe content on the Beta Service infringes your copyright, you may submit a notice to Uncapit's designated copyright agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices must comply with § 512(c)(3). Uncapit's designated agent and the procedure for submitting notices and counter-notices are described in the Uncapit Copyright Policy, available on the Uncapit website. Uncapit will, in appropriate circumstances, terminate the accounts of users determined to be repeat infringers.

18. Disclaimer of Warranties

THE BETA SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND. UNCAPIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, DATA SECURITY, OR THAT THE BETA SERVICE WILL BE SECURE, ERROR-FREE, COMPLETE, CURRENT, OR FREE FROM INTERRUPTION.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE BETA SERVICE MEETS YOUR REQUIREMENTS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS RESULTING FROM YOUR USE OF THE BETA SERVICE OR ANY OUTPUT THEREOF, INCLUDING ANY EMPLOYMENT, COMPENSATION, TAX, FINANCIAL, LEGAL, CAREER, OR BUSINESS DECISION BASED IN WHOLE OR IN PART ON THE BETA SERVICE. UNCAPIT WILL NOT BE RESPONSIBLE FOR THE LOSS OF DATA STORED ON ANY DEVICE OR PLATFORM. TO THE EXTENT APPLICABLE LAW LIMITS UNCAPIT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTY, THIS DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED.

19. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL UNCAPIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, ENHANCED, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS, LOST COMMISSIONS, LOST WAGES, LOSS OF BUSINESS, LOSS OF EMPLOYMENT OPPORTUNITY, LOSS OF DATA, EMOTIONAL DISTRESS, REPUTATIONAL HARM, OR EMPLOYMENT-RELATED DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BETA SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF UNCAPIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNCAPIT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BETA SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). THIS LIMITATION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Your sole and exclusive remedy for any failure of the Beta Service is to discontinue use and terminate your account.

20. Indemnification by User

You will indemnify, defend, and hold harmless Uncapit and its directors, officers, employees, contractors, and agents from and against any third-party claim, judgment, liability, expense, loss, damages, settlement, penalty, cost, or fee, including reasonable attorneys' fees, arising from or relating to:

• (i) your breach of any representation, warranty, or covenant in this Agreement, including the User Representations on Upload;
• (ii) any claim by your current or former employer asserting confidentiality, trade-secret, copyright, intellectual-property, privacy, employment policy, contractual, tortious-interference, unfair-competition, or related violations in connection with your upload, submission, possession, disclosure, or use of Your Content;
• (iii) any claim by any third party whose personal data, confidential information, trade secrets, or proprietary information appears in Your Content;
• (iv) your use of the Beta Service or any output in connection with an employment, wage, commission, compensation, legal, tax, financial, or career dispute;
• (v) your violation of applicable law or rights of any third party; or
• (vi) any governmental investigation, subpoena, civil investigative demand, or third-party demand arising from Your Content or your use of the Beta Service.

Your aggregate liability under this Section will not exceed the greater of (i) one thousand U.S. dollars (USD $1,000) or (ii) any amounts you have paid Uncapit in the twelve (12) months preceding the claim, except that this cap will not apply to claims arising from or relating to: (a) intentional misrepresentation; (b) intentional misconduct; (c) breach of the User Representations on Upload; (d) unauthorized upload, use, or disclosure of third-party confidential information, trade secrets, proprietary information, or personal data; (e) claims asserted by any current or former employer arising from Your Content; or (f) intentional misappropriation or infringement of a third party's intellectual-property rights.

Uncapit will have the right, but not the obligation, to control the defense of any claim covered by this Section, with counsel of its choice. You will provide reasonable cooperation, information, and assistance in the defense of any such claim. You will not settle any covered claim without Uncapit's prior written consent, which will not be unreasonably withheld.

21. Dispute Resolution

The parties will first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations. If a dispute cannot be resolved through negotiation within thirty (30) days after written notice, the parties will attempt mediation. If mediation is unavailable or unsuccessful, any outstanding dispute will be submitted to final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration will be held in Atlanta, Georgia, or, at your election, by remote video conference. The arbitrator's award will be final, and any court of competent jurisdiction may enter judgment upon it.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, trade secrets, data security, or platform integrity. Either party may bring any claim eligible for small-claims court in that court at its election.

You and Uncapit agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, private-attorney-general, or representative proceeding.

You may opt out of the arbitration and class-waiver provisions of this Section by sending written notice to Uncapit at the address listed on the Uncapit website within fourteen (14) days of first creating an account or before the end of the Beta Period, whichever is earlier. Opting out does not affect any other provision of this Agreement.

22. Termination, Data Handling, and Survival

Either party may terminate this Agreement at any time. You may terminate by closing your account through in-product controls or by written notice to Uncapit. Uncapit may suspend or terminate your account, with or without notice, for violation of this Agreement, for platform-integrity reasons, in response to a credible third-party complaint, or at the conclusion of the Beta Period. Termination of the Beta Period is not a breach of this Agreement.

Upon termination, uploaded source documents will continue to be retained and deleted in accordance with Section 13.

Extracted parameters, structured data, account data, usage data, and De-Identified Derivatives may be retained for the life of your account. De-Identified Derivatives may be retained indefinitely. If you have accepted a successor agreement for any generally available Uncapit service, your data may be retained subject to that successor agreement.

The following provisions survive expiration of the Beta Period and any termination of this Agreement: Section 6, Section 7, Section 8, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16, Section 18, Section 19, Section 20, Section 21, Section 23, and this Section 22.

23. Governing Law and Venue

This Agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Subject to Section 21, the federal and state courts located in Fulton County, Georgia have exclusive jurisdiction over any matter arising out of or relating to this Agreement that is not subject to arbitration.

24. Changes to Terms

Uncapit may amend this Agreement during the Beta Period if reasonably necessary for legal, security, operational, platform-integrity, or product reasons. If Uncapit makes a material change, Uncapit will notify active testers. Your continued use of the Beta Service after the effective date of the change constitutes acceptance of the updated terms. If you do not accept the change, your sole remedy is to stop using the Beta Service and terminate your account.

25. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. If a court finds that any provision is unenforceable as written but would be enforceable if limited, the provision will be deemed limited so as to be enforceable to the maximum extent permitted.

26. Entire Agreement

This Agreement, together with the Uncapit Privacy Policy and Copyright Policy, contains the entire agreement of the parties with respect to the subject matter and supersedes all prior or contemporaneous oral or written communications. No other promises, warranties, or representations exist concerning this subject matter.

27. Waiver

The failure of either party to enforce any provision of this Agreement is not a waiver of that party's right to subsequently enforce the provision.

28. Attorneys' Fees

If a legal suit, action, arbitration, or proceeding is brought to enforce or interpret any provision of this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded, all reasonable costs and attorneys' fees incurred in the proceeding.