Common use of Waiver of Jury Trial; Waiver of Consequential Damages Clause in Contracts

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY CREDIT DOCUMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. Each Credit Party agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lender, any of their Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein.

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH ACTION, PROCEEDING OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lender, any of their Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein.

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH ACTION, PROCEEDING OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lender, any of their Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein.

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH SUIT, ACTION, PROCEEDING, CLAIM OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY OR THEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; (B) ACKNOWLEDGES THAT IT AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party of the parties hereto agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lenderother party hereto, any of their its Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein; provided that nothing contained in this sentence shall limit the Borrower’s indemnity obligations under Section 11.5(c).

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH SUIT, ACTION, PROCEEDING, CLAIM OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY OR THEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; (B) ACKNOWLEDGES THAT IT AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party of the parties hereto agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lenderother party hereto, any of their its Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein.; provided that nothing contained in this sentence shall limit the Borrower’s indemnity obligations under Section 11.5(c). 120 [[5731659]]

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH ACTION, PROCEEDING OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED 84 TO ENTER INTO THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lender, any of their Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein.

Waiver of Jury Trial; Waiver of Consequential Damages. EACH PARTY OF THE PARTIES TO THIS CREDIT AGREEMENT HEREBY EXPRESSLY IRREVOCABLY WAIVES ANY ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY CREDIT DOCUMENT OR IN ANY WAY CONNECTED WITH SUIT, ACTION, PROCEEDING, CLAIM OR RELATED COUNTERCLAIM ARISING OUT OF OR INCIDENTAL RELATING TO THE DEALINGS THIS CREDIT AGREEMENT, ANY OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY OTHER CREDIT DOCUMENT, DOCUMENTS OR THE TRANSACTIONS RELATED THERETOCONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISINGTHE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; (B) ACKNOWLEDGES THAT IT AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS CREDIT AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF AND THE OTHER CREDIT DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURYSECTION. Each Credit Party of the parties hereto agrees not to assert any claim against the Administrative Agent, the Issuing Lenders, any Lenderother party hereto, any of their its Affiliates, or any of their respective directors, officers, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages arising out of or otherwise relating to any of the transactions contemplated herein; provided that nothing contained in this sentence shall limit the Borrower’s indemnity obligations under Section 11.5(b).