at the
addresses set forth on the signature page hereof; provided, however, that the
failure to provide such courtesy copies shall not affect the validity of any
process served on the Borrower.
(h)
Appointment Irrevocable.
The Borrower irrevocably appoints the
person in the foregoing clauses and his successors in said office from time to
time, as agent for service of process made in accordance herewith.
SECTION 9.4
WAIVER OF JURY TRIAL.
THE BORROWER HEREBY EXPRESSLY AND
IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM; AND HEREBY AGREES
AND CONSENTS THAT ANY CLAIM WILL BE DECIDED BY COURT TRIAL WITHOUT A JURY
(UNLESS SUBJECT TO ARBITRATION AS PROVIDED IN THIS AGREEMENT), AND THAT EITHER
PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT
AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF
THEIR RIGHT TO TRIAL BY JURY.
ARTICLE X
MISCELLANEOUS
SECTION 10.1 CUMULATIVE REMEDIES; NO WAIVER. THE RIGHTS, POWERS, PRIVILEGES AND
REMEDIES OF THE LENDER PROVIDED HEREIN AND IN THE OTHER LOAN DOCUMENTS ARE
CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHT, POWER, PRIVILEGE OR REMEDY PROVIDED
BY LAW OR EQUITY.
NO FAILURE OR DELAY ON THE PART OF THE LENDER IN EXERCISING
ANY RIGHT, POWER, PRIVILEGE OR REMEDY MAY BE, OR MAY BE DEEMED TO BE, A WAIVER
THEREOF; NOR MAY ANY SINGLE OR PARTIAL EXERCISE OF ANY RIGHT, POWER, PRIVILEGE
OR REMEDY PRECLUDE ANY OTHER OR FURTHER EXERCISE OF THE SAME OR ANY OTHER RIGHT,
POWER, PRIVILEGE OR REMEDY.
THE TERMS AND CONDITIONS OF ARTICLE VII ARE
61
INSERTED FOR THE SOLE BENEFIT OF THE LENDER AND THE ISSUER AND MAY BE WAIVED IN
WHOLE OR IN PART, WITH OR WITHOUT TERMS OR CONDITIONS, IN RESPECT OF ANY ADVANCE
WITHOUT PREJUDICING THE LENDER'S RIGHT TO ASSERT THEM IN WHOLE OR IN PART IN
RESPECT OF ANY OTHER ADVANCE.
SECTION 10.2 AMENDMENTS; CONSENTS. ANY TERM, COVENANT, AGREEMENT OR CONDITION OF
THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE AMENDED OR WAIVED, AND ANY
CONSENT UNDER THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE GIVEN, IF SUCH
AMENDMENT, WAIVER OR CONSENT IS IN WRITING AND IS SIGNED BY THE BORROWER AND THE
LENDER.
SECTION 10.3 NO WAIVER. NO FAILURE OR DELAY BY THE LENDER IN EXERCISING ANY
RIGHT UNDER THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL OPERATE AS A WAIVER
THEREOF OR OF ANY OTHER RIGHT HEREUNDER OR THEREUNDER NOR SHALL ANY SINGLE OR
PARTIAL EXERCISE OF ANY SUCH RIGHT PRECLUDE ANY OTHER FURTHER EXERCISE THEREOF
OR OF ANY OTHER RIGHT HEREUNDER OR THEREUNDER. UNLESS OTHERWISE SPECIFIED IN
SUCH WAIVER OR CONSENT, A WAIVER OR CONSENT GIVEN HEREUNDER SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE FOR WHICH GIVEN.
SECTION 10.4 COSTS, EXPENSES AND TAXES. THE BORROWER SHALL PAY ON DEMAND THE
REASONABLE COSTS AND EXPENSES OF (A) THE LENDER IN CONNECTION WITH THE
NEGOTIATION, PREPARATION, CLOSING, EXECUTION AND DELIVERY OF THE LOAN DOCUMENTS,
INCLUDING REASONABLE ATTORNEYS' FEES