EACH OF THE PAYORS AND THE HOLDER OF THIS
NOTE, BY ACCEPTING THIS NOTE, AGREES THAT IT HEREBY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY RIGHT TO JURY TRIAL OF ANY CLAIM, DEMAND, ACTION,
OR CAUSE OF ACTION (I) ARISING UNDER THIS NOTE OR (II) IN ANY WAY CONNECTED WITH
OR RELATED OR INCIDENTAL TO THE DEALINGS IN RESPECT OF THIS NOTE, IN EACH CASE
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT,
EQUITY, OR OTHERWISE. EACH OF THE PAYORS AND THE HOLDER OF THIS NOTE, BY
ACCEPTING THIS NOTE, HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND,
ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND
THAT EACH HOLDER OF THIS NOTE AND THE PAYORS MAY FILE AN ORIGINAL COUNTERPART OF
A COPY OF THIS NOTE WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE
HOLDER OF THIS NOTE OR THE PAYORS TO THE WAIVER OF THE HOLDER OF THIS NOTE'S
RIGHT TO TRIAL BY JURY.
22.
NO WAIVER.
THE RIGHTS AND REMEDIES OF THE HOLDER OF THIS NOTE
EXPRESSLY SET FORTH IN THIS NOTE ARE CUMULATIVE AND IN ADDITION TO, AND NOT
EXCLUSIVE OF, ALL OTHER RIGHTS AND REMEDIES AVAILABLE AT LAW, IN EQUITY OR
OTHERWISE.
NO FAILURE OR DELAY ON THE PART OF THE HOLDER OF THIS NOTE IN
EXERCISING ANY RIGHT, POWER OR PRIVILEGE SHALL OPERATE AS A WAIVER THEREOF, NOR
SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER OR PRIVILEGE
PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER
RIGHT, POWER OR PRIVILEGE OR BE CONSTRUED TO BE A WAIVER OF ANY EVENT OF
DEFAULT.
NO COURSE OF DEALING BETWEEN ANY OF THE PAYORS AND THE HOLDER OF THIS
NOTE OR THEIR AFFILIATES, AGENTS OR EMPLOYEES SHALL BE EFFECTIVE TO AMEND,
MODIFY OR DISCHARGE ANY PROVISION OF THIS NOTE OR TO CONSTITUTE A WAIVER OF ANY
EVENT OF DEFAULT.
NO NOTICE TO OR DEMAND UPON ANY PAYOR IN ANY CASE SHALL
ENTITLE ANY PAYOR TO ANY OTHER OR FURTHER NOTICE OR DEMAND IN SIMILAR OR OTHER
CIRCUMSTANCES OR CONSTITUTE A WAIVER OF THE RIGHT OF THE HOLDER OF THIS NOTE TO
EXERCISE ANY RIGHT OR REMEDY OR TAKE ANY OTHER OR FURTHER ACTION IN ANY
CIRCUMSTANCES WITHOUT NOTICE OR DEMAND.
23.
COSTS.
THE PAYORS AGREE TO PAY ALL COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, COSTS OF COLLECTION AND COURT
COSTS, INCURRED OR PAID BY ANY HOLDER OF THIS NOTE AND/OR ANY OF ITS AFFILIATES
IN CONNECTION WITH THIS NOTE.
24.
ASSIGNMENT.
THE RIGHTS AND OBLIGATIONS OF EACH PAYOR AND THE HOLDER OF
THIS NOTE SHALL BE BINDING UPON AND BENEFIT THE SUCCESSORS AND PERMITTED ASSIGNS
AND TRANSFEREES OF EACH SUCH PAYOR AND THE HOLDER OF THIS NOTE, EXCEPT THAT NONE
OF THE PAYORS MAY ASSIGN OR TRANSFER ITS RIGHTS HEREUNDER OR ANY INTEREST HEREIN
OR DELEGATE ITS LIABILITIES, OBLIGATIONS OR DUTIES HEREUNDER WITHOUT THE PRIOR
WRITTEN CONSENT OF THE MAJORITY HOLDERS.