Common use of Attorneys Fees and Waiver of Jury Trial Clause in Contracts

Attorneys Fees and Waiver of Jury Trial. Borrower agrees to pay, on demand, all attorneys' fee s and costs incurred in connection with the preparation, negotiation, documentation and execution of this Amendment. If any legal action or proceeding shall be commenced at any time by any party to this Amendment in connection with its interpretation, enforcement or otherwise concerning its terms, the prevailing party in such action or proceeding shall be entitled to reimbursement of its reasonable attorneys' fees and costs in connection therewith, in addition to all other relief to which the prevailing party may be entitled. Each of the parties hereto hereby waives any and all rights to a trial by jury in any such action or proceeding. FINOVA CAPITAL CORPORATION, a Delaware corporation By:/s/ Xxxx X. Xxxxxx Print Name: Xxxx X. Xxxxxx Title/Capacity: Vice President SANGSTAT MEDICAL CORPORATION, a Delaware corporation By:/s/ Xxxxxxx X. Dance Print Name: Xxxxxxx X. Dance Title/Capacity:Sr. VP, Finance

Attorneys Fees and Waiver of Jury Trial. Borrower agrees to pay, on demand, all attorneys' fee s fees and costs incurred in connection with the preparation, negotiation, documentation and execution of this Amendment. If any legal action or proceeding shall be commenced at any time by any party to this Amendment in connection with its interpretation, enforcement or otherwise concerning its terms, the prevailing party in such action or proceeding shall be entitled to reimbursement of its reasonable attorneys' fees and costs in connection therewith, in addition to all other relief to which the prevailing party may be entitled. Each of the parties hereto hereby waives any and all rights to a trial by jury in any such action or proceeding. FINOVA CAPITAL CORPORATION, a Delaware corporation By:/s/ Xxxx X. Xxxxxx By: --------------------------------- Print Name: Xxxx X. Xxxxxx Title/Capacity: Vice President SANGSTAT MEDICAL CORPORATIONGALAXY NUTRITIONAL FOODS, INC. a Delaware corporation By:/s/ Xxxxxxx X. Dance By: --------------------------------- Print Name: Xxxxxxx X. Dance Title/Capacity:Sr. VP, Finance

Attorneys Fees and Waiver of Jury Trial. Borrower agrees to pay, on demand, all attorneys' fee s fees and costs incurred in connection with the preparation, negotiation, documentation and execution of this Amendment. If any legal action or proceeding shall be commenced at any time by any party to this Amendment in connection with its interpretation, enforcement or otherwise concerning its terms, the prevailing party in such action or proceeding shall be entitled to reimbursement of its reasonable attorneys' fees and costs in connection therewith, in addition to all other relief to which the prevailing party may be entitled. Each of the parties hereto hereby waives any and all rights to a trial by jury in any such action or proceeding. FINOVA CAPITAL CORPORATION, a Delaware corporation By:/s/ Xxxx By: /s/ Xxxxxxx X. XxXxxxxx Print Name: Xxxxxxx X. XxXxxxxx Title/Capacity: Vice President GALAXY NUTRITIONAL FOODS, INC. a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Print Name: Xxxx Xxxxxx X. Xxxxxx Title/Capacity: Vice Chairman, President SANGSTAT MEDICAL CORPORATION, a Delaware corporation By:/s/ Xxxxxxx X. Dance Print Name: Xxxxxxx X. Dance Title/Capacity:Sr. VP, Finance& CEO

Attorneys Fees and Waiver of Jury Trial. Borrower agrees to pay, on demand, all attorneys' fee s fees and costs incurred in connection with the preparation, negotiation, documentation and execution of this Amendment. If any legal action or proceeding shall be commenced at any time by any party to this Amendment in connection with its interpretation, enforcement or otherwise concerning its terms, the prevailing party in such action or proceeding shall be entitled to reimbursement of its reasonable attorneys' fees and costs in connection therewith, in addition to all other relief to which the prevailing party may be entitled. Each of the parties hereto hereby waives any and all rights to a trial by jury in any such action or proceeding. FINOVA CAPITAL CORPORATION, a Delaware corporation By:/s/ Xxxx /s/ Xxxxx Xxxxx Xxxxx Xxxxx Vice President GALAXY NUTRITIONAL FOODS, INC. a Delaware corporation /s/ Xxxxxx X. Xxxxxx Print Name: Xxxx Xxxxxx X. Xxxxxx Title/Capacity: Vice Chairman, President SANGSTAT MEDICAL CORPORATION, a Delaware corporation By:/s/ Xxxxxxx X. Dance Print Name: Xxxxxxx X. Dance Title/Capacity:Sr. VP, Finance& CEO