Waiver and Acknowledgment. By agreeing to this binding arbitration provision, the Parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim between the Parties were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence.
Waiver and Acknowledgment. The Project acknowledges that the Sponsor will devote such time to management of the Project's funds and to general supervision of the Project as it sees fit and in its sole discretion. The Project hereby waives and releases the Sponsor from any and all claims, loss, damage, liability and expense, including without limitation attorney's fees and costs (collectively "Claims"), known or unknown, arising out of or in any way related to the Project, except damages arising solely from the Sponsor's gross negligence or willful misconduct.
Waiver and Acknowledgment. BY AGREEING TO THIS BINDING ARBITRATION PROVISION, THE PARTIES UNDERSTAND THAT THEY ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY OTHERWISE BE AVAILABLE IF A CLAIM BETWEEN THE PARTIES WERE DETERMINED BY LITIGATION IN COURT, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES PRECLUDED BY THIS PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, AND A RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.
Waiver and Acknowledgment. (a) Subject to the satisfaction of the conditions set forth in Section 4 below, in reliance on the representations and warranties set forth in Sections 5 and 7 below, and subject to the limitations set forth in Section 8 below, the Lenders hereby waive the Specified Defaults. The Borrower acknowledges and agrees that the waiver contained in this Section 3 shall not waive or amend (or be deemed to be or constitute an amendment to or waiver of) any other covenant, term or provision in the Credit Agreement or hinder, restrict or otherwise modify the rights and remedies of the Lenders and the Administrative Agent following the occurrence of any other present or future Default or Event of Default under the Credit Agreement or any other Loan Document. The waiver of each Specified Default set forth above is solely with respect to the period(s) corresponding to such Specified Default prior to the date hereof.
Waiver and Acknowledgment. (a) The Lenders hereby waive the Default arising out of (i) the Borrower’s failure to comply with Section 5.01(b) and (c) of the Credit Agreement with respect to the fiscal quarter ended December 31, 2006 and any failure of Borrower to provide the related notification required by 5.01(g) with respect thereto and (ii) any Default under Section 7.01(e) due to a default under any Material Indebtedness arising solely out of the failure to timely file a quarterly report on 10-Q, or otherwise provide financial information or certification, for the quarter ended December 31, 2006; provided that this clause (ii) shall not apply if the maturity of any Material Indebtedness is accelerated or the prepayment, repurchase, redemption or defeasance thereof is required prior to its scheduled maturity. However, if any Default described in clause (i) or (ii) exists on April 30, 2007, such Default shall constitute an Event of Default on April 30, 2007.
Waiver and Acknowledgment. The parties waive any right or benefit each has or may have under Section 1542, or under any similar law of similar effect in any jurisdiction, including under Florida law, to the full extent each may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. The parties acknowledge they may hereafter discover facts in addition to or different from those they now know or believe to be true with respect to the subject matter of this Agreement, and that it is their intention to fully and forever settle and release all disputes and differences, known or unknown, suspected or unsuspected, which do now exist, may exist or heretofore have existed and that in furtherance of such intention the releases herein given shall be and remain in effect as full and complete general releases, notwithstanding the discovery or existence of any such additional or different facts.
Waiver and Acknowledgment. It is possible that not everyone should participate in the various programs and activities at the Fitness Center. I acknowledge that I have discussed my participation with my healthcare provider(s), or have chosen not to do so. In consideration of my voluntary participation exercising in the Valparaiso University Fitness Center, I hereby release Valparaiso University and its employees, board members, agents, and representatives from any liability for injuries sustained while participating in such programs. This release shall apply to any acts or omissions whether negligent on the part of the University and the released parties and to any acts or omission of other participants. THIS IS A RELEASE.
Waiver and Acknowledgment. CARLI acknowledges that ILLINOIS will devote such time to management of CARLI's funds and to general supervision of CARLI as it sees fit and in its sole discretion. CARLI waives and releases ILLINOIS from any and all claims, loss, damage, liability and expenses, including without limitation attorney fees and costs, known or unknown, arising out of or in any way related to CARLI, except damages arising solely from the gross negligence or willful misconduct of ILLINOIS.
Waiver and Acknowledgment. In consideration of the foregoing and the mutual promises, covenants and agreements of the parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, the parties hereto agree to the following:
Waiver and Acknowledgment. Bank hereby acknowledges the modifications made to the Credit Agreement pursuant to the Stipulation Providing Further Adequate Protection to National City Bank, dated as of October 4, 2004 attached hereto as Exhibit C, including, without limitation, the amendment to Section 2.04 of the Credit Agreement provided for therein, which amendment continues in force on and after the date hereof. Subject to the conditions set forth in Section 4 of this Agreement, Bank hereby acknowledges that the actions taken by Borrower, ONC or any Subsidiary of ONC to effectuate that certain Second Amended Joint Plan of Reorganization of Debtors and Debtors in Possession, dated July 30, 2004, filed by ONC and its Subsidiaries with the United States Bankruptcy Court for the District of Delaware (as the same may be amended, the “Plan”) will not violate Section 3D.01 of the Agreement, and to the extent necessary, waives compliance with such Section 3D.01 to permit Borrower, ONC and any Subsidiary of ONC to effectuate the terms of the Plan.
