Common use of WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES Clause in Contracts

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THIS WAIVER BY THE PARTIES HERETO OF ANY RIGHT TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY OTHER PARTY HERETO WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY DEBTOR OR FFCA AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor AND FFCA OF ANY RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES HAS BEEN NEGOTIATED BY THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. BENEFICIARY, BY ACCEPTING THIS DEED OF TRUST, AND DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY EITHER OF THEM AGAINST THE PARTIES HERETO AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT DEED OF TRUST OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THIS WAIVER BY THE PARTIES HERETO BENEFICIARY AND DEBTOR OF ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor DEBTOR AND FFCA BENEFICIARY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY EITHER MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY THE OTHER PARTY HERETO WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY DEBTOR OR FFCA EITHER OF THEM AGAINST ANY THE OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT DEED OF TRUST OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor DEBTOR AND FFCA BENEFICIARY OF ANY RIGHT THEY EITHER MAY HAVE TO SEEK PUNITIVE DAMAGES HAS BEEN NEGOTIATED BY THE PARTIES HERETO DEBTOR AND BENEFICIARY AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT 18.1 IF EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO PARTY INITIATES LITIGATION INVOLVING THIS AGREEMENT OR ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY ASPECT OF THE PARTIES HERETO AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THIS WAIVER BY RELATIONSHIP BETWEEN THE PARTIES HERETO OF ANY (EVEN IF OTHER PARTIES OR OTHER CLAIMS ARE INCLUDED IN SUCH LITIGATION), ALL THE PARTIES WAIVE THEIR RIGHT TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY OTHER PARTY HERETO WITH RESPECT TO ANY AND ALL ISSUES PRESENTED JURY. 18.2 IN ANY ACTIONDISPUTE BETWEEN THE PARTIES, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY DEBTOR OR FFCA AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY BREACH OF THIS AGREEMENT, OR THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER SOUNDING IN CONNECTION WITH THIS ASSIGNMENT CONTRACT, TORT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor AND FFCA OF OTHERWISE, ALL PARTIES WAIVE ANY RIGHT THEY THEY. MAY HAVE TO SEEK PUNITIVE OR EXEMPLARY DAMAGES HAS BEEN NEGOTIATED BY FROM THE OTHER. NOTHING IN THIS SECTION LIMITS OUR RIGHT OR THE RIGHT OF AN INDEMNIFIED PARTY TO BE INDEMNIFIED AGAINST THE PAYMENT OF PUNITIVE OR EXEMPLARY DAMAGES TO A THIRD PARTY. THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAINACKNOWLEDGE THAT LIQUIDATED DAMAGES PAYABLE BY YOU UNDER THIS AGREEMENT (WHETHER PRE-OPENING LIQUIDATED DAMAGES OR LIQUIDATED DAMAGES FOR EARLY TERMINATION) ARE NOT PUNITIVE OR EXEMPLARY DAMAGES. 19M INTENTIONALLY DELETED Franchisor will also provide a courtesy copy of any notice, for informational purposes only, to: Crestline Hotels & Resorts, LLC 3000 Xxxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxxx 00000 Attention: CEO and General Counsel E-mail: jxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxx Any failure by Franchisor to provide a courtesy copy of any notice will not constitute a breach of this Agreement nor will it affect the validity of any notice that is provided to Franchisee pursuant to Subsection 17.7 of this Agreement. Xxxxxxxxx, Xxxxxxxxxxx 00000 Revenue for the preceding calendar month Additional Requirements/Special Provisions: · The parties acknowledge that the Hotel is an existing System Hotel that was authorized to open under the Brand before the Effective Date.

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. FFCA AND DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY EITHER OF THE PARTIES HERETO AGAINST ANY THE OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT AGREEMENT, THE RELATIONSHIP OF FFCA AND DEBTOR, DEBTOR'S USE OR OCCUPANCY OF THE EQUIPMENT, AND/OR ANY DOCUMENT CONTEMPLATED HEREIN CLAIM FOR INJURY OR RELATED HERETODAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY THE PARTIES HERETO OF ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor FFCA AND FFCA DEBTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY THE OTHER PARTY HERETO WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY FFCA OR DEBTOR OR FFCA AGAINST ANY THE OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT AGREEMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor FFCA AND FFCA DEBTOR OF ANY RIGHT THEY IT MAY HAVE TO SEEK PUNITIVE DAMAGES HAS BEEN NEGOTIATED BY THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. DEBTOR AND FFCA EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE WAIVES THE RIGHT EITHER IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ANY OTHER PARTY HERETO ONE OR ITS RESPECTIVE MORE OF THE OTHERS OR THEIR SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT AGREEMENT, THE RELATIONSHIP OF FFCA, ARBY'S, DEBTOR AND TRIARC AND/OR ANY DOCUMENT CONTEMPLATED HEREIN CLAIM FOR INJURY OR RELATED HERETODAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY THE PARTIES HERETO OF ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor AND FFCA THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY OTHER PARTY HERETO THE OTHERS WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY DEBTOR ANY PARTY AGAINST ONE OR FFCA AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS MORE OF THE OTHERS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS ASSIGNMENT AGREEMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor AND FFCA THE PARTIES OF ANY RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES HAS BEEN NEGOTIATED BY THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN.. 01/521201.1 Arby's 10/11/95 5

WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT a. IF EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO PARTY INITIATES LITIGATION INVOLVING THIS AGREEMENT OR ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY ASPECT OF THE RELATIONSHIP BETWEEN US (EVEN IF OTHER PARTIES HERETO AGAINST ANY OR OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR CLAIMS ARE INCLUDED IN CONNECTION WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THIS WAIVER BY SUCH LITIGATION), ALL THE PARTIES HERETO OF ANY WAIVE THEIR RIGHT TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF THEIR BARGAIN. FURTHERMORE, Debtor AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM ANY OTHER PARTY HERETO WITH RESPECT TO ANY AND ALL ISSUES PRESENTED JURY. b. IN ANY ACTIONDISPUTE BETWEEN THE PARTIES, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY DEBTOR OR FFCA AGAINST ANY OTHER PARTY HERETO OR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY BREACH OF THIS AGREEMENT, OR THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER SOUNDING IN CONNECTION WITH THIS ASSIGNMENT CONTRACT, TORT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY Debtor AND FFCA OF OTHERWISE, ALL PARTIES WAIVE ANY RIGHT THEY MAY HAVE TO SEEK PUNITIVE OR EXEMPLARY DAMAGES HAS BEEN NEGOTIATED BY FROM THE OTHER. NOTHING IN THIS PARAGRAPH LIMITS OUR RIGHT OR THE RIGHT OF AN INDEMNIFIED PARTY TO BE INDEMNIFIED AGAINST THE PAYMENT OF PUNITIVE OR EXEMPLARY DAMAGES TO A THIRD PARTY. THE PARTIES HERETO AND IS AN ESSENTIAL ASPECT OF THEIR BARGAINACKNOWLEDGE THAT LIQUIDATED DAMAGES PAYABLE BY LICENSEE UNDER THIS AGREEMENT (WHETHER PRE-OPENING LIQUIDATED DAMAGES, TRADEMARK LIQUIDATED DAMAGES, OR LIQUIDATED DAMAGES FOR EARLY TERMINATION) ARE NOT PUNITIVE OR EXEMPLARY DAMAGES. Xx 00.00 Xxxxxxxxx Xxxxxxxxx - Xxxxxxx Xxxxx HI&S November 2010 - Hampton Ex 10.10 Franchise Agreement - Winston Salem HI&S November 2010 - Hampton Effective Date: March 15, 2011 (the Closing Date) Licensor Name: HAMPTON INNS FRANCHISE LLC, a Delaware limited liability company Licensed Brand: Hampton Inn & Suites (excluding Hampton Inn and any other brands or product lines containing “Hampton” in the name) Initial Approved Hotel Name (Trade Name): Hampton Inn & Suites Winston-Salem/University Area Principal Xxxx in Licensed Brand: Hampton Licensee Name and Address (Attn: Principal Legal Correspondent): Apple Ten Hospitality Management, Inc. (Xxxxxx Xxxxxxxxx) 000 Xxxx Xxxx Xxxxxx Xxxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Email: xxxxxxxxxx@xxxxxxxxx.xxx Address of Hotel: 000 Xxxxxx Xxxxxx Xxxxx Xxxxxxx-Xxxxx, Xxxxx Xxxxxxxx 00000 Initial Number of Approved Guest Rooms: 94 Plans Submission Dates: Not applicable Renovation Commencement Date: Not applicable Renovation Work Completion Date: Not applicable Expiration of License Term: At midnight on July 31. 2029 Monthly Program Fee: Four percent (4%) of the Hotel’s Gross Rooms Revenue for the preceding calendar month. Monthly Royalty Fee: Five percent (5%) of the Hotel’s Gross Rooms Revenue for the preceding calendar month. • Paragraph 1 – Definitions – Publicly Traded Equity Interest: has been modified. • Restricted Area Provision Restricted Area as used in this provision means the area located within the following boundaries: a three (3) mile radius of the Hotel, the center point of which is the front door of the Hotel. This Restricted Area is generally illustrated on the map attached to, and incorporated by reference into, this Agreement as Exhibit A. If there is a conflict between Exhibit A and this narrative description, this description will control. • All references in this Agreement to the “Opening Date” will mean the “Effective Date.”