Waiver of Jury Trial Clause Example from Business Contracts

Waiver of Jury Trial. THE COMPANY AND THE SECURED PARTY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY ACTION OR CLAIM ARISING OUT OF ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT, ANY RIGHTS OR OBLIGATIONS HEREUNDER OR THE PERFORMANCE OR ENFORCEMENT OF ANY SUCH RIGHTS OR OBLIGATIONS. Except as prohibited by law, the Company waives any right which it may have to claim or recover in any litigation referred to in the preceding sentence any special, exemplary, punitive or consequential damages or any damages other... than, or in addition to, actual damages. The Company (a) certifies that neither the Secured Party or any Investor nor any representative, agent or attorney of the Secured Party or any Investor has represented, expressly or otherwise, that the Secured Party or any Investor would not, in the event of litigation, seek to enforce the foregoing waivers or other waivers contained in this Agreement and (b) acknowledges that, in entering into this Agreement and any other Transaction Document to which the Secured Party or any Investor is a party, the Secured Party and each Investor is relying upon, among other things, the waivers and certifications contained in this §21. View More