Waiver of Jury Trial IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Representations and Warranties Borrower represents and warrants as follows:
Amendment This Warrant may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder.
Definitions For purposes of this Agreement:
Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.
Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three
Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).
Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.
