Common use of Waiver of Jury Trial and Consequential and Punitive Damages Clause in Contracts

Waiver of Jury Trial and Consequential and Punitive Damages. Owner and Manager each hereby absolutely, irrevocably and unconditionally waive trial by jury and the right to claim or receive consequential, incidental, special or punitive damages in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of the parties hereto, whether as “Owner” or “Manager” or otherwise, this Agreement or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing.

Appears in 6 contracts

Samples: Management Agreement (Gaylord Entertainment Co /De), Management Agreement (Apple Reit Six Inc), Management Agreement (Apple Reit Six Inc)

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Waiver of Jury Trial and Consequential and Punitive Damages. Owner and Manager each hereby absolutely, irrevocably and unconditionally waive trial by jury and the right to claim or receive consequential, incidental, special or punitive damages in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of the parties hereto, whether as "Owner" or "Manager" or otherwise, this Agreement or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing.

Appears in 5 contracts

Samples: Management Agreement (Apple Hospitality Five Inc), Management Agreement (Apple Hospitality Five Inc), Management Agreement (Apple Hospitality Five Inc)

Waiver of Jury Trial and Consequential and Punitive Damages. Owner and Manager each hereby absolutely, irrevocably and unconditionally waive trial by jury and the right to claim or receive consequential, incidental, special or punitive damages in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of the parties hereto, whether as “Owner” or “Manager” or otherwise, this Agreement or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing.

Appears in 1 contract

Samples: Management Agreement (DiamondRock Hospitality Co)

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Waiver of Jury Trial and Consequential and Punitive Damages. Owner Owners and Manager each hereby absolutely, irrevocably and unconditionally waive trial by jury and the right to claim or receive consequential, incidental, special or punitive damages in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of the parties hereto, whether as “Owner” or “Manager” or otherwise, this Agreement or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing.

Appears in 1 contract

Samples: Management Agreement (Gaylord Entertainment Co /De)

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