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 -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- 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 GBC 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 GBC AND GUARANTOR GUARANTOR; OR (IIIiii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GBC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST GBC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. Greyrock Business Credit Cross-Corporate Continuing Guaranty ----------------------------------------------------------------- Guarantor Signature: AddTel Communications, Inc.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST TBCC 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 OTHER LOAN DOCUMENTS OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (IIii) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST TBCC AND GUARANTOR GUARANTOR; OR (IIIiii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST TBCC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST TBCC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST SILICON 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 SILICON AND GUARANTOR ; OR (III) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST SILICON OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST SILICON OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. Guarantor Signature: CLARENT CANADA LTD. By /s/ Juliet M. Reising --------------------------------- Title Prxxxxxxx ---------------------------------

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST GBC 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 GBC AND GUARANTOR GUARANTOR; OR (IIIiii) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GBC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST GBC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. Greyrock Business Credit Continuing Guaranty ----------------------------------------------------------------------

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST LENDER AND GUARANTOR 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: (I) THIS GUARANTEE OR ANY SUPPLEMENT OR AMENDMENT THERETOAGREEMENT; OR (II) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST LENDER AND GUARANTOR BORROWER; OR (III) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST LENDER OR GUARANTOR BORROWER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON FINOVA LOAN AND SECURITY AGREEMENT ---------------------------------------------------------------------- PERSONS AFFILIATED WITH LENDER OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST OR GUARANTORBORROWER; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST TBCC 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 OTHER LOAN DOCUMENTS OR ANY SUPPLEMENT OR AMENDMENT THERETO; OR (II) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN COAST TBCC AND GUARANTOR GUARANTOR; OR (III) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST TBCC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST TBCC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. -5- 6 TBCC CONTINUING GUARANTY --------------------------------------------------------------------------------

MUTUAL WAIVER OF RIGHT TO JURY TRIAL. COAST GBC 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 GBC AND GUARANTOR ; OR (III) ANY BREACH, CONDUCT, ACTS OR OMISSIONS OF COAST GBC OR GUARANTOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH OR -00- Xxxxx Xxxxxxxx Credit Continuing Guaranty -------------------------------------------------------------------- REPRESENTING COAST GBC OR GUARANTOR; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.. Greyrock Business Credit Continuing Guaranty -------------------------------------------------------------------------------