Common use of Waiver of Certain Claims; Settlement of Claims Clause in Contracts

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to the Indemnified Matters (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees not to assert no claim claims against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement or the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement or the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking consequential, special, indirect, exemplary or punitive damagesdamages in an amount which exceeds $100,000. No settlement shall be entered into by the Borrower or any of if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement or the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to the Indemnified Matters (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.. 109

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of if its 77 Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement, the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement, the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement, the other Loan Documents or in connection with Related Transactions (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower or any of its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transactions evidenced by this Agreement or the other Loan Documents (whether or not the Administrative Agent or any Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.

Waiver of Certain Claims; Settlement of Claims. The Borrower Each of the Borrowers further agrees to assert no claim against any of the Indemnitees on any theory of liability seeking for consequential, special, indirect, exemplary or punitive damages. No settlement shall be entered into by the Borrower Holdings or any of if its Subsidiaries with respect to any claim, litigation, arbitration or other proceeding relating to or arising out of the Indemnified Matters transaction evidenced by this Agreement, the other Loan Documents or in connection with the Valley Acquisition (whether or not the Administrative Agent or Agent, any Lender, any Issuing Lender or any Indemnitee is a party thereto) unless such settlement releases all Indemnitees from any and all liability with respect thereto.