Common use of Contractor and Owner Clause in Contracts

Contractor and Owner. waive their respective rights to a trial by jury on any Claim or cause of action upon, arising under, arising out of or related to this Contract or other proceeding or litigation of any type brought by any of the parties against any other party whether with respect to contract Claims or actions, tort Claims, or otherwise. Contractor and Owner agree that any such Claim or cause of action shall be tried without a jury. Without limiting the foregoing, the parties further agree that their respective right to a trial by jury is waived by operation of this section as to any action, counterclaim or other proceeding which seeks, in whole or in part, to challenge the validity or enforceability of this Contract.