Waiver Clause Example with 11 Variations from Business Contracts
This page contains Waiver clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Waiver. Indemnitor hereby waives (a) any right or claim of right to cause a marshaling of its assets or to cause Lender or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation that Borrower may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any... such rights of subrogation nor subject to any claims or defenses whatsoever that may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including any claim that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; (c) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnified Parties; (d) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right.View More
Variations of a "Waiver" Clause from Business Contracts
Waiver. (a) To the fullest extent permitted by Law, each Indemnitor hereby waives (a) (i) any right or claim of right to cause a marshaling marshalling of its any Indemnitor's assets or to cause Lender or the other Indemnified Parties to proceed against any of the security Collateral for the Loan Debt before proceeding under this Agreement against Borrower; (b) any Indemnitor; (ii) and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subr...ogation that Borrower which any Indemnitor may have, have (the exercise of which are subject to the terms of this Agreement), provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; (c) Lender; (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought by or against or by any of the Indemnified Parties; (d) it; (iv) notice of acceptance hereof of this Agreement and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) demand, protest, notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) demand to which it might otherwise be entitled with respect to its obligations hereunder; (vi) all homestead or exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything repose, (vii) any duty on the part of Lender to disclose to Indemnitor any facts Lender may now or hereafter know about the contrary contained herein, Property, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Indemnitor shall postpone intends to assume or has reason to believe such facts are unknown to Indemnitor or has a reasonable opportunity to communicate such facts to Indemnitor, it being understood and agreed that Indemnitor is fully responsible for being and keeping informed of the exercise condition of the Property and of any rights of subrogation with respect to any collateral securing and all circumstances bearing on the Loan until the Loan shall have been repaid in full. No delay risk that liability may be incurred by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. Indemnitor hereunder. 22 (b) WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH INDEMNITOR HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM OF ANY NATURE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, OR ANY ACTS OR OMISSIONS OF LENDER, OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH RESPECT TO ANY OF THE FOREGOING. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY EACH INDEMNITOR, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. LENDER IS HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY SUCH ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY EACH INDEMNITOR. View More
Waiver. (a) To the fullest extent permitted by Law, each Indemnitor hereby waives (a) (i) any right or claim of right to cause a marshaling marshalling of its any Indemnitor's assets or to cause Lender or the other Indemnified Parties to proceed against any of the security Collateral for the Loan Debt before proceeding under this Agreement against Borrower; (b) any Indemnitor; (ii) and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subr...ogation that Borrower which any Indemnitor may have, have (the exercise of which are subject to the terms of this Agreement), provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; (c) Lender; (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought by or against or by any of the Indemnified Parties; (d) it; (iv) notice of acceptance hereof of this Agreement and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) demand, protest, notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) demand to which it might otherwise be entitled with respect to its obligations hereunder; (vi) all homestead or exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything repose, (vii) any duty on the part of Lender to disclose to Indemnitor any facts Lender may now or hereafter know about the contrary contained herein, Property, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Indemnitor shall postpone intends to assume or has reason to believe such 24 facts are unknown to Indemnitor or has a reasonable opportunity to communicate such facts to Indemnitor, it being understood and agreed that Indemnitor is fully responsible for being and keeping informed of the exercise condition of the Property and of any rights of subrogation with respect to any collateral securing and all circumstances bearing on the Loan until the Loan shall have been repaid in full. No delay risk that liability may be incurred by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. Indemnitor hereunder. (b) WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH INDEMNITOR HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM OF ANY NATURE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS, OR ANY ACTS OR OMISSIONS OF LENDER, OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH RESPECT TO ANY OF THE FOREGOING. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY EACH INDEMNITOR, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. LENDER IS HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY SUCH ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY EACH INDEMNITOR. View More
Waiver. (a) Indemnitor hereby waives (a) and relinquishes (i) any right or claim of right to cause a marshaling of its Indemnitor's assets or to cause Lender Indemnitee or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) Indemnitor; (ii) all rights and remedies accorded by applicable law Legal Requirements to indemnitors or guarantors, except any rights of subrogation that Borrower which Indemnitor may have, pr...ovided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of the Indemnitee or other Indemnified Parties; (c) (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnitee or other Indemnified Parties; (d) (iv) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) (vi) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid paid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. (b) INDEMNITOR AND INDEMNITEE HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FOREVER WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST, WITH REGARD TO THIS AGREEMENT, THE NOTE, THE MORTGAGE OR THE OTHER LOAN DOCUMENTS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. THE PARTIES ARE HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER. View More
Waiver. Indemnitor Borrower hereby waives and relinquishes: (a) any right or claim of right to cause a marshaling of its Borrower's assets or to cause Lender or the other Indemnified Parties any Indemnitee to proceed against any other Person or any of the security for the Loan Indebtedness before proceeding under this Agreement against Borrower; (b) all rights and remedies accorded by applicable law to indemnitors or guarantors, guarantors or sureties, except any rights of subrogation that which Borrowe...r may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims actions, suits, claims, proceedings, orders or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, rights including any claim actions, suits, claims, proceedings, or orders that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; Indemnitee; (c) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnified Parties; Indemnitee; (d) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and demand under this Agreement; (f) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. repose; and (g) any limitation on the amount or type of damages, compensation or benefits payable by or for Borrower under workers' compensation acts, disability benefit acts or other employee benefit acts. Notwithstanding anything to the contrary contained herein, Indemnitor shall Borrower hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan Indebtedness until the Loan Indebtedness shall have been repaid paid in full. No delay by any Indemnified Party Indemnitee in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power power, privilege or right. View More
Waiver. Indemnitor Borrower hereby waives and relinquishes: (a) any right or claim of right to cause a marshaling of its Borrower's assets or to cause Lender or the other Indemnified Parties any Indemnitee to proceed against any other Person or any of the security for the Loan Indebtedness before proceeding under this Agreement against Borrower; (b) all rights and remedies accorded by applicable law to indemnitors or guarantors, guarantors or sureties, except any rights of subrogation that which Borrowe...r may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims actions, suits, claims, proceedings, orders or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, rights including any claim actions, suits, claims, proceedings, or orders that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; Indemnitee; (c) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnified Parties; Indemnitee; (d) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and demand under this Agreement; (f) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. repose; and (g) any limitation on the amount or type of damages, compensation or benefits payable by or for Borrower under workers' compensation acts, disability benefit acts or other employee benefit acts. Notwithstanding anything to the contrary contained herein, Indemnitor shall Borrower hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan Indebtedness until the Loan Indebtedness shall have been repaid paid in full. No delay by any Indemnified Party Indemnitee in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power power, privilege or right. View More
Waiver. To the extent not prohibited by applicable Legal Requirements, Indemnitor hereby waives (a) any right or claim of right to cause a marshaling of its assets or to cause Lender or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation that Borrower may have, provided that the indemnity provided for ...hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including any claim that such subrogation rights were abrogated by any acts of any of the Indemnified Parties; (c) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnified Parties; (d) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. Notwithstanding anything to the contrary herein, each Indemnitor hereby waives, insofar as such Indemnitor is determined to be a surety or guarantor: (i) the provisions of California Civil Code Section 2822(a), which would otherwise allow it to reduce such Indemnitor's obligations under the Loan Documents by the amount of any payment from any other Indemnitor to the Indemnified Parties in partial satisfaction of the Indebtedness and to designate the portion of the Indebtedness that is to be satisfied in the event of partial satisfaction of the Indebtedness, (ii) any and all rights and defenses arising out of an election of remedies by the Indemnified Parties or any of them, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed any Indemnitor's rights of subrogation and reimbursement against the principal by the operation of Section 580d of the California Code of Civil Procedure or otherwise; (iii) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in any other respects more burdensome than that of a principal; and (iv) without limiting the generality of the foregoing or any other provision hereof, to the extent permitted by law any and all rights of subrogation, reimbursement, indemnification and contribution, any rights and defenses arising by reason of an election of remedies by the Indemnified Parties or any of them or any other creditor, any rights and defenses arising out of the fact that this Agreement relates to real property which is security for a loan, or any other rights and defenses that otherwise are or may become available to Borrower under California Civil Code Sections 2787 to 2855, inclusive, 2899 and 3433 and under California Code of Civil Procedure Sections 580a, 580b, 580d and 726, or any of such sections. 10 12. Subrogation. Indemnitor shall take any and all reasonable actions, including institution of legal action against third parties, necessary or appropriate to obtain reimbursement, payment or compensation from such Persons responsible for any liability arising out of the presence of any Hazardous Substances at, in, on or under the Property or otherwise obligated by law to bear the cost. The Indemnified Parties shall be and hereby are subrogated to all of the rights of Indemnitor now or hereafter in such claims. View More
Waiver. (a) Indemnitor hereby waives (a) (i) any right or claim of right to cause a marshaling of its Indemnitor's assets or to cause Lender Indemnitee or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) Indemnitor; (ii) and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation that Borrower which Indemnitor may have, provided that the ind...emnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of Indemnitee or the other Indemnified Parties; (c) (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of Indemnitee or the other Indemnified Parties; (d) (iv) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) (vi) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid paid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. 6 (b) INDEMNITOR AND INDEMNITEE HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE LOAN EVIDENCED BY THE NOTE, THE APPLICATION FOR THE LOAN EVIDENCED BY THE NOTE, THE NOTE, THE MORTGAGE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY ACTS OR OMISSIONS OF ANY INDEMNIFIED PARTIES IN CONNECTION THEREWITH. View More
Waiver. \l 2(a) Except to the extent expressly prohibited by applicable law, Indemnitor hereby waives (a) (i) any right or claim of right to cause a marshaling of its Indemnitor's assets or to cause Lender Indemnitee or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) Indemnitor; (ii) and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogati...on that Borrower which Indemnitor may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of the Indemnitee or other Indemnified Parties; (c) (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnitee or other Indemnified Parties; (d) (iv) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) (vi) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid paid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. (b) INDEMNITOR AND INDEMNITEE HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE LOAN EVIDENCED BY THE NOTE, THE APPLICATION FOR THE LOAN EVIDENCED BY THE NOTE, THE SECURITY INSTRUMENT, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY ACTS OR OMISSIONS OF ANY INDEMNIFIED PARTIES IN CONNECTION THEREWITH. View More
Waiver. (a) Indemnitor hereby waives (a) (i) any right or claim of right to cause a marshaling of its Indemnitor's assets or to cause Lender Indemnitee or the other Indemnified Parties to proceed against any of the security for the Loan before proceeding under this Agreement against Borrower; (b) Indemnitor; (ii) and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation that Borrower which Indemnitor may have, provided that the ind...emnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever that which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights, including rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of any of the Indemnitee or other Indemnified Parties; (c) (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by any of the Indemnitee or other Indemnified Parties; (d) (iv) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (e) (v) presentment for payment, demand of payment, protest or (unless expressly required hereby) notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (f) (vi) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitor shall hereby agrees to postpone the exercise of any rights of subrogation with respect to any collateral securing the Loan until the Loan shall have been repaid paid in full. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. (b) INDEMNITOR AND, BY ITS ACCEPTANCE HEREOF, INDEMNITEE, EACH HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE LOAN EVIDENCED BY THE NOTE, THE APPLICATION FOR THE LOAN EVIDENCED BY THE NOTE, THE MORTGAGE, THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY ACTS OR OMISSIONS OF ANY INDEMNIFIED PARTIES IN CONNECTION THEREWITH. View More
