Common use of WAIVER OF TRIAL BY JURY AND CLAIMS TO CERTAIN DAMAGES Clause in Contracts

WAIVER OF TRIAL BY JURY AND CLAIMS TO CERTAIN DAMAGES. EACH OF ----------------------------------------------------- THE BANK AND THE BORROWER KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION, WHETHER BASED ON ANY CONTRACT, ON ANY NEGLIGENT OR INTENTIONAL TORT, ON ANY LAW OR OTHERWISE, IN CONNECTION WITH, OR OTHERWISE RELATING TO, (A) ANY LOAN, ANY LOAN DOCUMENT OR ANY GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT NOW OR HEREAFTER DIRECTLY OR INDIRECTLY SECURING THE PAYMENT OR REPAYMENT OF, OR NOW OR HEREAFTER DIRECTLY OR INDIRECTLY APPLICABLE TO, ANY OF THE PRINCIPAL AMOUNT OF ANY LOAN, ANY INTEREST OWING PURSUANT TO THIS AGREEMENT OR ANY OTHER AMOUNT OWING BY THE BORROWER TO THE BANK PURSUANT TO THIS AGREEMENT, (B) ANY OTHER WRITING HERETOFORE OR HEREAFTER EXECUTED IN CONNECTION WITH, OR OTHERWISE RELATING TO, ANY LOAN, ANY LOAN DOCUMENT OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT OR (C) ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHER CONDUCT HERETOFORE OR HEREAFTER PURSUED, ANY ACTION HERETOFORE OR HEREAFTER TAKEN OR OMITTED TO BE TAKEN, OR ANY ORAL OR WRITTEN REPRESENTATION HERETOFORE OR HEREAFTER MADE, BY OR ON BEHALF OF THE OTHER IN CONNECTION WITH, OR OTHERWISE RELATING TO, ANY LOAN, ANY LOAN DOCUMENT OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT. THIS SECTION 10b IS A MATERIAL INDUCEMENT FOR EACH OF THE BANK AND THE BORROWER IN CONNECTION WITH ITS ENTRY INTO THIS AGREEMENT.

WAIVER OF TRIAL BY JURY AND CLAIMS TO CERTAIN DAMAGES. EACH OF ----------------------------------------------------- THE BANK AND THE BORROWER DEBTOR (i) KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY EACH RIGHT IT THE DEBTOR MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO, AND EACH RIGHT TO ASSERT ANY LITIGATIONCLAIM FOR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PUNITIVE DAMAGES) IN ADDITION TO ACTUAL DAMAGES IN, ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER BASED ON ANY CONTRACTCONTRACT OR NEGLIGENT, ON ANY NEGLIGENT INTENTIONAL OR INTENTIONAL TORT, ON ANY LAW OTHER TORT OR OTHERWISE, IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATING TO, TO (A) ANY LOAN, ANY LOAN DOCUMENT OR ANY GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT NOW OR HEREAFTER DIRECTLY OR INDIRECTLY SECURING THE PAYMENT OR REPAYMENT OF, OR NOW OR HEREAFTER DIRECTLY OR INDIRECTLY APPLICABLE TOTHIS AGREEMENT, ANY OF THE PRINCIPAL AMOUNT OF ANY LOANOBLIGATIONS, ANY INTEREST OWING PURSUANT TO THIS AGREEMENT OF THE COLLATERAL OR ANY OTHER AMOUNT OWING BY THE BORROWER TO THE BANK PURSUANT TO THIS AGREEMENTCOLLATERAL, (B) ANY OTHER WRITING HERETOFORE OR HEREAFTER EXECUTED IN CONNECTION WITH, TRANSACTION ARISING OUT OF OR OTHERWISE RELATING TOTO THIS AGREEMENT, ANY LOANOF THE OBLIGATIONS, ANY LOAN DOCUMENT OF THE COLLATERAL OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, OTHER COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT OR (C) ANY COURSE OF DEALINGNEGOTIATION, COURSE OF ADMINISTRATION, PERFORMANCE OR OTHER CONDUCT HERETOFORE OR HEREAFTER PURSUEDENFORCEMENT OF THIS AGREEMENT, ANY ACTION HERETOFORE OR HEREAFTER TAKEN OR OMITTED TO BE TAKENOF THE OBLIGATIONS, ANY OF THE COLLATERAL OR ANY ORAL OR WRITTEN REPRESENTATION HERETOFORE OR HEREAFTER MADE, BY OR ON BEHALF OTHER COLLATERAL AND (ii) CERTIFIES THAT NEITHER THE SECURED PARTY NOR ANY REPRESENTATIVE OF THE OTHER SECURED PARTY HAS REPRESENTED TO THE DEBTOR THAT THE SECURED PARTY WILL NOT SEEK TO ENFORCE THE WAIVER MADE BY THE DEBTOR IN CONNECTION WITH, OR OTHERWISE RELATING TO, ANY LOAN, ANY LOAN DOCUMENT OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT. THIS SECTION 10b IS A MATERIAL INDUCEMENT FOR EACH OF THE BANK AND THE BORROWER IN CONNECTION WITH ITS ENTRY INTO THIS AGREEMENT.17b. APPLIED LNG TECHNOLOGIES a ( an) __________________________________ residing at, or organized under the law of ______________________________ and having its chief executive office at, ________________________________________________________________________ __________________________, (the “Debtor”) or (2) agreeing to any direct or indirect extension, renewal, refinancing or other modification or replacement of or waiving or forbearing from exercising any right, remedy or power relating to any obligation heretofore or hereafter arising or accruing as a result of any such credit or other financial accommodation, and for other valuable consideration, the receipt and sufficiency of which are conclusively acknowledged by the Debtor, the Debtor agrees with the Secured Party as follows:

WAIVER OF TRIAL BY JURY AND CLAIMS TO CERTAIN DAMAGES. EACH OF ----------------------------------------------------- THE BANK AND THE BORROWER KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY EACH RIGHT IT THE BORROWER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO, AND EACH RIGHT TO ASSERT ANY LITIGATIONCLAIM FOR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PUNITIVE DAMAGES) IN ADDITION TO ACTUAL DAMAGES IN, ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER BASED ON ANY CONTRACTCONTRACT OR NEGLIGENT, ON ANY NEGLIGENT INTENTIONAL OR INTENTIONAL TORT, ON ANY LAW OTHER TORT OR OTHERWISE, IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATING TO, TO (A) ANY LOANTHE CREDIT, ANY LOAN DOCUMENT OR ANY GUARANTYCOLLATERAL, ENDORSEMENT, SUBORDINATION, COLLATERAL THIS NOTE OR OTHER SECURITY OR ASSURANCE OF PAYMENT NOW OR HEREAFTER DIRECTLY OR INDIRECTLY SECURING THE PAYMENT OR REPAYMENT OF, OR NOW OR HEREAFTER DIRECTLY OR INDIRECTLY APPLICABLE TO, ANY OF THE PRINCIPAL AMOUNT OF ANY LOAN, ANY INTEREST OWING PURSUANT TO THIS AGREEMENT OR ANY OTHER AMOUNT OWING BY THE BORROWER TO THE BANK PURSUANT TO THIS AGREEMENT, (B) ANY OTHER WRITING HERETOFORE OR HEREAFTER EXECUTED IN CONNECTION WITHWITH THE CREDIT OR ANY LOAN OR COLLATERAL, (B) ANY TRANSACTION ARISING OUT OF OR OTHERWISE RELATING TO, ANY LOANTO THE CREDIT, ANY LOAN DOCUMENT OR COLLATERAL, THIS NOTE OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT WRITING OR (C) ANY COURSE OF DEALINGNEGOTIATION, COURSE OF ADMINISTRATION, PERFORMANCE OR OTHER CONDUCT HERETOFORE OR HEREAFTER PURSUED, ANY ACTION HERETOFORE OR HEREAFTER TAKEN OR OMITTED TO BE TAKEN, OR ANY ORAL OR WRITTEN REPRESENTATION HERETOFORE OR HEREAFTER MADE, BY OR ON BEHALF ENFORCEMENT OF THE OTHER IN CONNECTION WITH, OR OTHERWISE RELATING TO, ANY LOANCREDIT, ANY LOAN DOCUMENT OR COLLATERAL, THIS NOTE OR ANY SUCH GUARANTYOTHER WRITING. VYTERIS, ENDORSEMENTINC. By: _____________________________________ Name: Title: SCHEDULE OF ADVANCES AND PAYMENTS Principal Amount Outstanding Date Advanced Advanced Date Paid Amount Paid Principal Amount ------------- -------- --------- ----------- ---------------- SCHEDULE A Bank name and address: ____________________________ ____________________________ ____________________________ Account title: Account Number: SCHEDULE B VYTERIS, SUBORDINATIONINC. BORROWING REQUEST Date:________________________ To: Xxxxxxx Xxxxx Specialty Group, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT. THIS SECTION 10b IS A MATERIAL INDUCEMENT FOR EACH OF THE BANK AND THE BORROWER IN CONNECTION WITH ITS ENTRY INTO THIS AGREEMENT.LLC As of the date of this request, the following is correct and true to the best of the undersigned's knowledge and belief: (a) Total amount of accounts receivable owing to us from the sale of inventory which are not more that sixty (60) days past due is: ___________________________ (b) Cost of our inventory, in accordance with GAAP, is:

WAIVER OF TRIAL BY JURY AND CLAIMS TO CERTAIN DAMAGES. EACH OF ----------------------------------------------------- THE BANK AND THE BORROWER PARTIES (I) KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY EACH RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO, AND EACH RIGHT TO ASSERT ANY LITIGATIONCLAIM FOR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PUNITIVE DAMAGES) IN ADDITION TO ACTUAL DAMAGES IN, ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER BASED ON ANY CONTRACTCONTRACT OR NEGLIGENT, ON ANY NEGLIGENT INTENTIONAL OR INTENTIONAL TORT, ON ANY LAW OTHER TORT OR OTHERWISE, IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATING TO, TO (A) ANY LOAN, ANY LOAN DOCUMENT OR ANY GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT NOW OR HEREAFTER DIRECTLY OR INDIRECTLY SECURING THE PAYMENT OR REPAYMENT OF, OR NOW OR HEREAFTER DIRECTLY OR INDIRECTLY APPLICABLE TOTHIS AGREEMENT, ANY OF THE PRINCIPAL AMOUNT OF ANY LOANOBLIGATIONS, ANY INTEREST OWING PURSUANT TO THIS AGREEMENT OF THE COLLATERAL OR ANY OTHER AMOUNT OWING BY THE BORROWER TO THE BANK PURSUANT TO THIS AGREEMENTCOLLATERAL, (B) ANY OTHER WRITING HERETOFORE OR HEREAFTER EXECUTED IN CONNECTION WITH, TRANSACTION ARISING OUT OF OR OTHERWISE RELATING TOTO THIS AGREEMENT, ANY LOANOF THE OBLIGATIONS, ANY LOAN DOCUMENT OF THE COLLATERAL OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, OTHER COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT OR (C) ANY COURSE OF DEALINGNEGOTIATION, COURSE OF ADMINISTRATION, PERFORMANCE OR OTHER CONDUCT HERETOFORE OR HEREAFTER PURSUEDENFORCEMENT OF THIS AGREEMENT, ANY ACTION HERETOFORE OR HEREAFTER TAKEN OR OMITTED TO BE TAKENOF THE OBLIGATIONS, ANY OF THE COLLATERAL OR ANY ORAL OR WRITTEN REPRESENTATION HERETOFORE OR HEREAFTER MADE, BY OR ON BEHALF OTHER COLLATERAL AND (II) CERTIFIES THAT NEITHER THE PARTY NOR ANY REPRESENTATIVE OF THE OTHER SECURED PARTY HAS REPRESENTED THAT THE SECURED PARTY WILL NOT SEEK TO ENFORCE THE WAIVER MADE IN CONNECTION WITH, OR OTHERWISE RELATING TO, ANY LOAN, ANY LOAN DOCUMENT OR ANY SUCH GUARANTY, ENDORSEMENT, SUBORDINATION, COLLATERAL OR OTHER SECURITY OR ASSURANCE OF PAYMENT. THIS SECTION 10b IS A MATERIAL INDUCEMENT FOR EACH OF THE BANK AND THE BORROWER IN CONNECTION WITH ITS ENTRY INTO THIS AGREEMENT.16(b). Dated August , 2002. -------------- DERMA SCIENCES, INC. By: -------------------------------------- Title: