Waiver of Jury Trial. EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE OTHER TRANSACTION DOCUMENTS, THE SECURITIES OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
Waiver of Jury Trial. AS AN INDEPENDENT COVENANT, EACH OF AGENT, -------------------- EACH LENDER AND EACH BORROWER HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A JURY TRIAL IN CONNECTION WITH ANY LITIGATION COMMENCED BY OR AGAINST ANY OF THEM WITH RESPECT TO RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO OR UNDER THE LOAN DOCUMENTS WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
Waiver of Jury Trial shall not apply to California Employees. (c) California Employees remain bound by the remaining Restrictive Covenants in Appendix A, Section 1 to the extent allowed by California law. (d) This Addendum should be read in conjunction with the Agreement and is subject to the terms and conditions of the Agreement except to the extent that the terms and conditions of the Agreement differ from or conflict with the terms set out in this Addendum, in which event, the terms set out in this Addendum shall prevail. (e) You and the Corporation agree that this Addendum shall apply to all Awards to California Employees, including prior Awards which have yet to vest, to the extent allowed by law.
Examples of Waiver of Jury Trial in a sentence
Any such termination shall be without liability of any party to any other party except that the provisions of Section 9 (Payment of Expenses), Section 11 (Indemnification and Contribution), Section 12 (Representations and Agreements to Survive Delivery), Section 18 (Governing Law and Time; Waiver of Jury Trial) and Section 19 (Consent to Jurisdiction) hereof shall remain in full force and effect notwithstanding such termination.
Any such termination shall be without liability of any party to any other party except that the provisions of Section 7(g) (Expenses), Section 9 (Indemnification and Contribution), Section 10 (Representations and Agreements to Survive Delivery), Section 16 (Applicable Law; Consent to Jurisdiction) and Section 17 (Waiver of Jury Trial) hereof shall remain in full force and effect notwithstanding such termination.
Any such termination shall be without liability of any party to any other party except that the provisions of Section 8 (Payment of Expenses), Section 10 (Indemnification and Contribution), Section 11 (Representations and Agreements to Survive Delivery), Section 17 (Governing Law and Time; Waiver of Jury Trial) and Section 18 (Consent to Jurisdiction) hereof shall remain in full force and effect notwithstanding such termination.
Any such termination shall be without liability of any party to any other party except that the provisions of Section 7(g) (Expenses), Section 9 (Indemnification and Contribution), Section 10 (Representations and Agreements to Survive Delivery), Section 11(f), Section 16 (Applicable Law; Consent to Jurisdiction) and Section 17 (Waiver of Jury Trial) hereof shall remain in full force and effect notwithstanding such termination.
Any such termination shall be without liability of any party to any other party except that the provisions of Section 8 (Payment of Expenses), Section 11 (Indemnification and Contribution), Section 12 (Representations and Agreements to Survive Delivery), Section 18 (Governing Law and Time; Waiver of Jury Trial) and Section 19 (Consent to Jurisdiction) hereof shall remain in full force and effect notwithstanding such termination.
More Definitions of Waiver of Jury Trial
Waiver of Jury Trial. The Bank and the Pledgor, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waive any right either of them may have to a trial by jury in any litigation based upon or arising out of this Pledge or any related instrument or agreement, or any of the transactions contemplated by this Pledge, or any course of conduct, dealing, statements (whether oral or written), or actions of either of them. Neither the Bank nor the Pledgor shall seek to consolidate, by counterclaim or otherwise, any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. These provisions shall not be deemed to have been modified in any respect or relinquished by either the Bank or the Pledgor except by a written instrument executed by both of them. Dated: July 24, 1997 Address: Pledgor: 0000 Xxxx Xxxx Xxxxxx CIRCUIT SYSTEMS,INC., an Elk Xxxxx Xxxxxxx, Xxxxxxxx 00000 Illinois corporation Facsimile/Telex No. (000) 000-0000 By: /s/ Xxxxx X. Xxxx Its: Vice-President
Waiver of Jury Trial. All parties to the Credit Documents waive the right to trial by jury. Special Counsel for Arrangers: Xxxxxx Xxxxxx & Xxxxxxx LLP. ANNEX I Interest Rates and Fees: Borrower will be entitled to make borrowings based on the ABR plus the Applicable Margin or LIBOR plus the Applicable Margin. The “Applicable Margin” shall be (A) with respect to LIBOR Loans, the amount set forth in the Applicable Margin Schedule below; and (B) with respect to ABR Loans, 0.0% per annum. Unless consented to by the Arrangers in their sole discretion, no LIBOR Loans may be elected on the Closing Date or prior to the date 30 days thereafter (unless the completion of the primary syndication of the Interim Loan as determined by the Arrangers shall have occurred), except that from and after the fifth business day after the Closing Date LIBOR periods of 14 days may be elected until the thirtieth day after the Closing Date.
Waiver of Jury Trial. You waive a trial by jury of any or all issues arising in any action or proceeding between the parties hereto or their successors arising from or relating to this Agreement or any of its provisions. Delay in Enforcement: Subject to applicable law, we may at any time and in our sole discretion delay or waive enforcing any of our rights or remedies under this Agreement or under applicable law without losing any of those or any other rights or remedies. Even if we do not enforce our rights or remedies at any one time, we may enforce them at a later date. For example, we may accept late payments or payments that are marked "payment in full" or with other restrictive endorsements without losing any of our rights under this Agreement. Severability: If any provision of this Agreement is deemed to be void or unenforceable by a court of competent jurisdiction, any governmental agency, or an arbitrator, that provision will continue to be enforceable to the extent permitted by that court, agency, or arbitrator, and the remainder of that provision will no longer be considered as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect. Governing Law: This Agreement is entered into between you and us in the State of Texas, and your revolving line of credit and this Agreement, and any claim, dispute or controversy arising from or relating to your revolving line of credit or this Agreement, whether based in contract, tort, fraud or otherwise, is governed by, and construed in accordance with, the laws of the State of Texas and applicable federal laws and regulations, without regard to Texas’ conflict of laws principles or your place of residence. The legality, enforceability and interpretation of this Agreement and the amounts contracted for under the Agreement also are governed by Texas law, specifically Chapter 346 of the Texas Finance Code, and all amounts granted under this Agreement are extended from the State of Texas. IT IS NOT THE INTENTION OF THE PARTIES THAT ANYTHING IN THIS AGREEMENT SHOULD RESULT IN THE ASSESSMENT OF INTEREST, FEES OR CHARGES IN EXCESS OF THOSE PERMITTED BY APPLICABLE LAW. IF ANY INTEREST, FEE OR CHARGE ASSESSED UNDER THIS AGREEMENT IS FINALLY DETERMINED TO BE IN EXCESS OF THAT PERMITTED BY APPLICABLE LAW, THE EXCESS AMOUNT WILL BE APPLIED TO REDUCE THE OUTSTANDING BALANCE IN YOUR ACCOUNT OR, IF THERE IS NO OUTSTANDING BALANCE, WILL BE REFUNDED TO YOU. Under
Waiver of Jury Trial. Section: The 2019-2022 License, like prior GreenThumb licenses, calls for garden groups and the City to waive the use of a jury trial in legal disputes relating to the use of City property as a garden. Parties to a contract in New York state may generally waive the use of jury in future disputes and this term typically appears in City agreements. The 2023 GreenThumb License Agreement has removed the section related to the Waiver of Jury Trial.
Waiver of Jury Trial. Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either party, its agents or employees, on any matter arising out of, or in any way con- nected with this Agreement, Occupant's use of the Storage Space or the self-service storage facility, or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statute or regulation. This jury trial waiver is also made by Occupant on behalf of any of its agents, employees, guests and/or invitees.
Waiver of Jury Trial. BORROWER WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION RELATING TO THIS AGREEMENT. -------------------------------------------------------------------------------- THIS SPACE INTENTIONALLY LEFT BLANK -------------------------------------------------------------------------------- All payments shall be paid to Lender at P.O. Box 96070, Chicago, IL 60693-6070 or as otherwise directed by Lexxxx xx Xxxxxxxx xx xxxxxxx. Xxxxxxxxx inquiries should be directed to Navistar Financial Corporation (847) 734-4000. All other correspondence should be sent to Lender at X.X. Xxx 0000, Attn: FSC, Schaumburg, IL 60168-4024 -------------------------------------------------------------------------------------------------------------------------------- BORROWER HAS READ AND AGREES TO ALL TERMS, PROVISIONS AND CONDITIONS CONTAINED IN THIS THREE PAGE AGREEMENT, AGREES THAT THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN BORROWER AND LENDER RELATING TO THIS LOAN FOR THE PURCHASE OF THE GOODS, AND SUPERSEDES ALL PREVIOUS AGREEMENTS, EXCEPT AS TO AGREEMENTS BETWEEN BORROWER AND LENDER. -------------------------------------------------------------------------------------------------------------------------------- This Agreement is subject to the terms of the Retail BORROWER ACKNOWLEDGES RECEIPT OF AN EXACT COPY Financing Arrangement between the Lender and Seller. --------------------------------------------------------------- Initial for: NAME OF BORROWER: Boyd Brothers Transportation, Inc Non-Recourse ___________ Guaranty _______ (Name of individual(s), corporation of partnership. Give trade style, if any after name.) AUTHORIZED SIGNATURE FOR SELLER BY BY TITLE ------------------------------------------------ --------------------------------- -------------------- (Signature of Owner, Officer, or (Title) (If corporation, authorized party must sign and show corporate Authorized Rep.) title, if partnership, a general partner must sign, if --------------------------------------------------- owner(s) or partner show which.) LENDER'S ACCEPTANCE --------------------------------------------------- Lender: Navistar Financial Corporation Accepted by Lender at: 2850 West Golf Road, Rolling Meadows, IL, 60008 BY XXXX XX TITLE ----------------------------------------------------- --------------------------------- -------------------- Authorized Representative (Co-Borrower/Co-Signer/Guarantor) -------------------------------------------------------------------------------- Page 3 of 3 COM...
Waiver of Jury Trial. Each party irrevocably waives any and all right to trail by jury in any legal proceeding in connection with this Transaction or any Transactions, as the case may be, hereunder.