Common use of MUTUAL WAIVER OF RIGHT TO JURY TRIAL Clause in Contracts

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST AND GUARANTOR HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (i) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (ii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR ; OR (iii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR REPRESENTING COAST OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR OBLIGOR EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST LENDER OR GUARANTOR OBLIGOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST THE LENDER AND GUARANTOR BORROWER EACH HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST THE LENDER OR GUARANTOR OF THE BORROWER OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST GXXXXXXX AND GUARANTOR HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (i) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (ii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST GREYROCK AND GUARANTOR ; OR (iii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GREYROCK OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR REPRESENTING COAST GREYROCK OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST AND GUARANTOR EACH PARTY HERETO HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST OR GUARANTOR ANY PARTY HERETO OR ANY OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST GC AND GUARANTOR HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST GC AND GUARANTOR ; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR REPRESENTING COAST GC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR HEREBY BORROWERS WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST CONGRESS OR GUARANTOR BORROWERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST GREYROCK AND GUARANTOR HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (i) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (ii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST GREYROCK AND GUARANTOR GUARANTOR; OR (iii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GREYROCK OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR REPRESENTING COAST GREYROCK OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR EACH BORROWER ------------------------------------ EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST LENDER OR GUARANTOR ANY BORROWER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. Executed under seal as of the date written above.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST AND GUARANTOR EACH PARTY HERETO HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (i) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (ii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST OR GUARANTOR ANY PARTY HERETO OR ANY OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST THE AGENT AND GUARANTOR BORROWER EACH HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST THE AGENT, THE LENDERS OR GUARANTOR OF THE BORROWER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST AND GUARANTOR EACH PARTY HERETO HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iA) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiB) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiC) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST OR GUARANTOR ANY PARTY HERETO OR ANY OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR OBLIGOR EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST LENDER OR GUARANTOR OBLIGOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. [The remainder of this page is intentionally left blank]

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST THE AGENTS, LENDERS AND THE BORROWERS AND GUARANTOR EACH HEREBY WAIVE WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST THE AGENTS, LENDERS OR THE BORROWERS OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR EACH ------------------------------------ BORROWER EACH HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, LAWSUIT ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (iI) THIS GUARANTEE AGREEMENT, OR ANY SUPPLEMENT OF THE AGREEMENTS, INSTRUMENTS OR AMENDMENT THERETODOCUMENTS REFERRED TO HEREIN; OR (iiII) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST AND GUARANTOR OR AMONG THEM; OR (iiiIII) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST LENDER OR GUARANTOR ANY BORROWER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON PERSONS AFFILIATED WITH OR REPRESENTING COAST OR GUARANTORTHEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] Executed under seal as of the date written above.