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

Waiver of Jury Trial and Punitive Damages. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT 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 ONE OR MORE OF THE OTHERS OR THEIR SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE RELATIONSHIP OF FFCA, ARBY'S, DEBTOR AND TRIARC AND/OR ANY CLAIM FOR INJURY OR DAMAGE, 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, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM THE OTHERS WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ONE OR MORE OF THE OTHERS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY 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. EACH OF THE PARTIES DEBTOR AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES WAIVE THE RIGHT IT 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 ONE ANY OTHER PARTY HERETO OR MORE OF THE OTHERS OR THEIR ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE RELATIONSHIP OF FFCA, ARBY'S, DEBTOR AND TRIARC AND/ASSIGNMENT OR ANY CLAIM FOR INJURY DOCUMENT CONTEMPLATED HEREIN OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDYRELATED HERETO. 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, THE PARTIES Debtor AND FFCA HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO SEEK PUNITIVE DAMAGES FROM THE OTHERS 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 AGAINST ONE HERETO OR MORE OF THE OTHERS ITS RESPECTIVE SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY THE PARTIES 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. 01/521201.1 Arby's 10/11/95 5.

Waiver of Jury Trial and Punitive Damages. (a) THE BORROWER, THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT, THE SUB-COLLATERAL AGENT AND EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE LENDER EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECT OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO ANY AND ALL ISSUES PRESENTED THIS AGREEMENT, THE OTHER CREDIT DOCUMENTS, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, IN ANY ACTION, PROCEEDING, CLAIM PROCEEDING OR COUNTERCLAIM OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ONE ANY OTHER PARTY OR MORE OF THE OTHERS ANY AGENT-RELATED PERSON, PARTICIPANT OR THEIR SUCCESSORS ASSIGNEE, WHETHER WITH RESPECT TO ANY MATTER ARISING OUT OF CONTRACT CLAIMS, TORT CLAIMS, OR IN CONNECTION WITH THIS AGREEMENTOTHERWISE. THE BORROWER, THE RELATIONSHIP ADMINISTRATIVE AGENT, THE COLLATERAL AGENT, THE SUB-COLLATERAL AGENT AND EACH LENDER EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF FFCAACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, ARBY'S, DEBTOR AND TRIARC AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY THE PARTIES HERETO OF ANY FURTHER AGREE THAT THEIR RESPECTIVE RIGHT THEY MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT WAIVED BY OPERATION OF THEIR BARGAIN. FURTHERMORE, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE THIS SECTION AS TO SEEK PUNITIVE DAMAGES FROM THE OTHERS WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDINGCOUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ONE OR MORE OF THE OTHERS WITH RESPECT TO ANY MATTER ARISING OUT OF IN WHOLE OR IN CONNECTION WITH PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR THE OTHER CREDIT DOCUMENTS OR ANY DOCUMENT CONTEMPLATED HEREIN PROVISION HEREOF OR RELATED HERETOTHEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT AND THE WAIVER BY 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 BARGAINOTHER CREDIT DOCUMENTS. 01/521201.1 Arby's 10/11/95 5107

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

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