Common use of TRIAL BY JURY WAIVER Clause in Contracts

TRIAL BY JURY WAIVER. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; (II) SUCH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THE FOREGOING WAIVER; (III) SUCH PARTY MAKES THE FOREGOING WAIVER VOLUNTARILY AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVER AND CERTIFICATIONS IN THIS SECTION 9.06.

TRIAL BY JURY WAIVER. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUESHERETO HEREBY IRREVOCABLY WAIVES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY LITIGATION DIRECTLY ISSUE, CLAIM, DEMAND, ACTION OR INDIRECTLY CAUSE OF ACTION ARISING OUT OF IN WHOLE OR RELATING TO THIS AGREEMENT IN PART UNDER, RELATED TO, BASED ON OR THE TRANSACTIONS CONTEMPLATED BY IN CONNECTION WITH THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT , THE SUBJECT MATTER HEREOF OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (IWHETHER VERBAL OR WRITTEN) NO REPRESENTATIVE, AGENT OR ATTORNEY ACTIONS OF ANY OTHER PARTY HAS REPRESENTEDHERETO IN CONNECTION WITH ANY SUCH AGREEMENTS, EXPRESSLY WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE, THAT SUCH OTHER . ANY PARTY WOULD NOT, IN HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 18.4 WITH ANY COURT AS WRITTEN EVIDENCE OF THE EVENT CONSENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; (II) EACH SUCH PARTY UNDERSTANDS AND HAS CONSIDERED TO THE IMPLICATIONS WAIVER OF THE FOREGOING WAIVER; (III) SUCH PARTY MAKES THE FOREGOING WAIVER VOLUNTARILY AND (IV) SUCH PARTY HAS BEEN INDUCED ITS RIGHT TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVER AND CERTIFICATIONS IN THIS SECTION 9.06TRIAL BY JURY.

TRIAL BY JURY WAIVER. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUESHERETO HEREBY IRREVOCABLY WAIVES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY LITIGATION DIRECTLY ISSUE, CLAIM, DEMAND, ACTION OR INDIRECTLY CAUSE OF ACTION ARISING OUT OF IN WHOLE OR RELATING TO THIS AGREEMENT IN PART UNDER, RELATED TO, BASED ON OR THE TRANSACTIONS CONTEMPLATED BY IN CONNECTION WITH THIS AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT , THE SUBJECT MATTER HEREOF OR ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONNECTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (IWHETHER VERBAL OR WRITTEN) NO REPRESENTATIVE, AGENT OR ATTORNEY ACTIONS OF ANY OTHER PARTY HAS REPRESENTEDHERETO IN CONNECTION WITH ANY SUCH AGREEMENTS, EXPRESSLY WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE, THAT SUCH OTHER . ANY PARTY WOULD NOT, IN HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 9.3 WITH ANY COURT AS WRITTEN EVIDENCE OF THE EVENT CONSENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; (II) EACH SUCH PARTY UNDERSTANDS AND HAS CONSIDERED TO THE IMPLICATIONS WAIVER OF THE FOREGOING WAIVER; (III) SUCH PARTY MAKES THE FOREGOING WAIVER VOLUNTARILY AND (IV) SUCH PARTY HAS BEEN INDUCED ITS RIGHT TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVER AND CERTIFICATIONS IN THIS SECTION 9.06TRIAL BY JURY.