CVINDEMNIFICATION FOR NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER WRONGDOING
OR STRICT PRODUCT LIABILITY OR ANY INDEMNIFICATION FOR LIABILITIES ARISING UNDER
SECURITIES LAWS.
ARTICLE CVIPROVISIONS MANDATING CONTRIBUTION TOWARDS JUDGMENTS OR SETTLEMENTS
AMONG VARIOUS PARTIES.
ARTICLE CVIIWAIVERS OF (I) LEGAL OR EQUITABLE DEFENSES, (II) RIGHTS TO DAMAGES,
(III) RIGHTS TO COUNTER CLAIM OR SET OFF,
(IV) STATUTES OF LIMITATIONS,
(V) RIGHTS TO NOTICE, (VI) THE BENEFITS OF STATUTORY, REGULATORY, OR
CONSTITUTIONAL RIGHTS, UNLESS AND TO THE EXTENT THE STATUTE, REGULATION, OR
CONSTITUTION EXPLICITLY ALLOWS WAIVER, (VII) BROADLY OR VAGUELY STATED RIGHTS,
AND (VIII) OTHER BENEFITS TO THE EXTENT THEY CANNOT BE WAIVED UNDER APPLICABLE
LAW.
ARTICLE CVIIIPROVISIONS PROVIDING FOR FORFEITURES OR THE RECOVERY OF AMOUNTS
DEEMED TO CONSTITUTE PENALTIES, OR FOR LIQUIDATED DAMAGES, ACCELERATION OF
FUTURE AMOUNTS DUE (OTHER THAN PRINCIPAL) WITHOUT APPROPRIATE DISCOUNT TO
PRESENT VALUE, LATE CHARGES, PREPAYMENT CHARGES, INTEREST UPON INTEREST, AND
INCREASED INTEREST RATES UPON DEFAULT.
ARTICLE CIXTIME-IS-OF-THE-ESSENCE CLAUSES.
ARTICLE CXPROVISIONS WHICH PROVIDE A TIME LIMITATION AFTER WHICH A REMEDY MAY
NOT BE ENFORCED.
ARTICLE CXICONFESSION OF JUDGMENT CLAUSES.
ARTICLE CXIIAGREEMENTS TO SUBMIT TO THE JURISDICTION OF ANY PARTICULAR COURT OR
OTHER GOVERNMENTAL AUTHORITY (EITHER AS TO PERSONAL JURISDICTION AND SUBJECT
MATTER JURISDICTION); PROVISIONS RESTRICTING ACCESS TO COURTS; WAIVER OF THE
RIGHT TO JURY TRIAL; WAIVER OF SERVICE OF PROCESS REQUIREMENTS WHICH WOULD
OTHERWISE BE APPLICABLE; AND PROVISIONS OTHERWISE PURPORTING TO AFFECT THE
JURISDICTION AND VENUE OF COURTS.
ARTICLE CXIIIPROVISIONS THAT ATTEMPT TO CHANGE OR WAIVE RULES OF EVIDENCE OR FIX
THE METHOD OR QUANTUM OF
PROOF TO BE APPLIED IN LITIGATION OR SIMILAR PROCEEDINGS.
ARTICLE CXIVPROVISIONS APPOINTING ONE PARTY AS AN ATTORNEY-IN-FACT FOR AN
ADVERSE PARTY OR PROVIDING THAT THE DECISION OF ANY PARTICULAR PERSON WILL BE
CONCLUSIVE OR BINDING ON OTHERS.
ARTICLE CXVPROVISIONS PURPORTING TO LIMIT RIGHTS OF THIRD PARTIES WHO HAVE NOT
CONSENTED THERETO OR PURPORTING TO GRANT RIGHTS TO THIRD PARTIES.
ARTICLE CXVIPROVISIONS WHICH PURPORT TO AWARD ATTORNEYS' FEES SOLELY TO ONE
PARTY.
ARTICLE CXVIIARBITRATION AGREEMENTS.
ARTICLE CXVIIIPROVISIONS PURPORTING TO CREATE A TRUST OR CONSTRUCTIVE TRUST
WITHOUT COMPLIANCE WITH APPLICABLE TRUST LAW.
ARTICLE CXIXPROVISIONS RELATING TO (I) INSURANCE COVERAGE REQUIREMENTS AND
(II) THE APPLICATION OF INSURANCE PROCEEDS AND CONDEMNATION AWARDS.
ARTICLE CXXPROVISIONS THAT PROVIDE FOR THE APPOINTMENT OF A RECEIVER.
ARTICLE CXXIPROVISIONS OR AGREEMENTS REGARDING PROXIES, SHAREHOLDERS AGREEMENTS,
SHAREHOLDER VOTING RIGHTS, VOTING TRUSTS, AND THE LIKE.
ARTICLE CXXIICONFIDENTIALITY AGREEMENTS.
ARTICLE CXXIIIPROVISIONS IN THE PURCHASE AGREEMENT REQUIRING BNP PARIBAS TO
PERFORM ITS OBLIGATIONS UNDER, OR TO CAUSE ANY OTHER PERSON TO PERFORM ITS
OBLIGATIONS UNDER, OR STATING THAT ANY ACTION WILL BE TAKEN AS PROVIDED IN OR IN
ACCORDANCE WITH, ANY AGREEMENT OR OTHER DOCUMENT.
ARTICLE CXXIVPROVISIONS, IF ANY, WHICH ARE CONTRARY TO THE PUBLIC POLICY OF ANY
JURISDICTION.