Common use of Xerox Provisions Clause in Contracts

Xerox Provisions. (a) The debt financing sources under the Buyer Lender Consent (and their respective Affiliates and their and their respective Affiliates’ officers, directors, employees, shareholders, representatives and agents) (collectively, the “Debt Financing Sources”) shall not have any liability to the Seller or its affiliates under this Agreement, any transaction contemplated hereby or the Buyer Lender Consent (whether pursuant to contract, tort, strict liability or other legal theory), and Seller waives any rights and claims Seller my have against the Debt Financing Sources now or in the future, whether in law or in equity, under this Agreement, any transaction contemplated hereby or the Buyer Lender Consent. Seller acknowledges and agrees that it has not relied on the Buyer Lender Consent in entering into this Agreement or making other determinations hereunder and that this Section 13.14(a) constitutes a material inducement to the Debt Financing Sources providing the Buyer Lender Consent, which would not have been provided but for Seller’s agreements contained in this Section 13.14(a). (b) EACH PARTY TO THIS AGREEMENT WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, MATTER OR PROCEEDING REGARDING THIS AGREEMENT OR ANY PROVISION HEREOF.” (xviii) The AEPA is hereby amended by adding a new Schedule 10.02(i) that reads in its entirety as provided in Schedule 10.02(i) attached hereto.