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ANY JUDICIAL PROCEEDING BROUGHT IN ACCORDANCE WITH THE PROVISIONS OF
SECTION VIII.A, OR ANY JUDICIAL PROCEEDING ANCILLARY TO AN ARBITRATION OR
CONTEMPLATED ARBITRATION ARISING OUT OF OR RELATING TO OR CONCERNING
THIS RESTRICTIVE COVENANT AGREEMENT. Such ancillary judicial proceedings include any suit,
action or proceeding to compel arbitration, to obtain temporary or preliminary judicial relief in aid of
arbitration or to confirm an arbitration award. The parties acknowledge that the forum designated by this
Section VIII.B will have a reasonable relation to this Restrictive Covenant Agreement, and to the parties’
relationship with one another

C. Contracting Employee hereby waives, to the fullest extent permitted by applicable law,
any objection which Contracting Employee now or hereafter may have to personal jurisdiction or to the
laying of venue of any such ancillary suit, action or proceeding brought in any court referred to in
Sections VIII. A and VIII.B and agrees not to plead or claim the same. Contracting Employee further
waives, to the fullest extent permitted by applicable law, any right that may exist to a jury trial or to
participation as a member of a class in any proceeding.

D. Contracting Employee hereby agrees that Contracting Employee shall not, nor shall
Contracting Employee allow anyone acting on Contracting Employee’s behalf to, subpoena or otherwise
seek to gain access to any financial statements or other confidential financial information relating to
Blackstone, or any of its respective members, partners, officers, employees or agents, except as
specifically permitted by the terms of this Restrictive Covenant Agreement or by the provisions of any
limited liability company agreement, partnership agreement or other governing document of Blackstone
to which Contracting Employee is a party.

IX. Entire Agreement

This Restrictive Covenant Agreement contains the entire agreement between the parties with
respect to the subject matter herein and supersedes all prior oral and written agreements between the
parties, except for any other agreements that may be specifically listed on Appendix A attached hereto.

X. Severability

A. If any provision of this Restrictive Covenant Agreement shall be held or deemed to be
invalid, illegal or unenforceable in any jurisdiction for any reason, the invalidity of that provision shall
not have the effect of rendering the provision in question unenforceable in any other jurisdiction or in any
other case or of rendering any other provisions herein unenforceable, but the invalid provision shall be
substituted with a valid provision which most closely approximates the intent and the economic effect of
the invalid provision and which would be enforceable to the maximum extent permitted in such
jurisdiction or in such case.

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