Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement, the Policy or any of the other Operative Documents or any of the transactions contemplated thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Documents to which it is a party by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (American Business Financial Services Inc /De/)
Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement, the Policy or any of the other Operative Documents 37 or the Policy or any of the transactions contemplated thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Documents to which it is a party (or, in the case of the Policy, the Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-FFC)
Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement, the Policy or any of the other Operative Documents or a Certificate Insurance Policy or any of the transactions contemplated thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Documents to which it is a party (or, in the case of a Certificate Insurance Policy, the Certificate Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc4)
Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreementany of the Operative Documents, the Policy or any of the other Operative Documents or any of the transactions Transactions contemplated thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Documents to which it is a party (or, in the case of the Policy, the Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (Indymac MBS Inc)
Trial by Jury Waived. Each party hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Insurance Agreement, the Policy Agreement or any of the other Operative Documents Agreements or any of the transactions Transactions contemplated hereunder or thereunder. Each party hereto (A) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver waiver, and (B) acknowledges that it has been induced to enter into this Insurance Agreement, the Policy (in the case of the Certificate Insurer) and the other Operative Documents Agreements to which it is a party by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (American Airlines Inc)