$1,000,000.
ALL APPLICABLE
STATUTES OF LIMITATIONS SHALL APPLY TO ANY DISPUTE.
A JUDGMENT UPON THE AWARD
MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
NOTWITHSTANDING ANYTHING
FOREGOING TO THE CONTRARY, ANY ARBITRATION PROCEEDING DEMANDED HEREUNDER SHALL
BEGIN WITHIN NINETY (90) DAYS AFTER SUCH DEMAND THEREOF AND SHALL BE CONCLUDED
WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER SUCH DEMAND.
THESE TIME LIMITATIONS
MAY NOT BE EXTENDED UNLESS A PARTY HERETO SHOWS CAUSE FOR EXTENSION AND THEN
SUCH EXTENSION SHALL NOT EXCEED A TOTAL OF SIXTY (60) DAYS.
THE PANEL FROM
WHICH ALL ARBITRATORS ARE SELECTED SHALL BE COMPRISED OF LICENSED ATTORNEYS
SELECTED FROM THE COMMERCIAL FINANCIAL DISPUTE ARBITRATION PANEL OF THE AAA.
THE SINGLE ARBITRATOR SELECTED FOR EXPEDITED PROCEDURE SHALL BE A RETIRED JUDGE
FROM THE HIGHEST COURT OF GENERAL JURISDICTION, STATE OR FEDERAL, OF THE STATE
WHERE THE HEARING WILL BE CONDUCTED.
THE PARTIES HERETO DO NOT WAIVE ANY
APPLICABLE FEDERAL OR
66
STATE SUBSTANTIVE LAW EXCEPT AS PROVIDED HEREIN.
NOTWITHSTANDING THE FOREGOING,
THIS PARAGRAPH SHALL NOT APPLY TO ANY HEDGING AGREEMENT.
(C)
PRESERVATION OF CERTAIN REMEDIES.
NOTWITHSTANDING THE PRECEDING
BINDING ARBITRATION PROVISIONS, THE PARTIES HERETO AND THE OTHER LOAN DOCUMENTS
PRESERVE, WITHOUT DIMINUTION, CERTAIN REMEDIES THAT SUCH PERSONS MAY EMPLOY OR
EXERCISE FREELY, EITHER ALONE, IN CONJUNCTION WITH OR DURING A DISPUTE.
EACH
SUCH PERSON SHALL HAVE AND HEREBY RESERVES THE RIGHT TO PROCEED IN ANY COURT OF
PROPER JURISDICTION OR BY SELF HELP TO EXERCISE OR PROSECUTE THE FOLLOWING
REMEDIES, AS APPLICABLE:
(I) ALL RIGHTS TO FORECLOSE AGAINST ANY REAL OR
PERSONAL PROPERTY OR OTHER SECURITY BY EXERCISING A POWER OF SALE GRANTED IN THE
LOAN DOCUMENTS OR UNDER APPLICABLE LAW OR BY JUDICIAL FORECLOSURE AND SALE,
INCLUDING A PROCEEDING TO CONFIRM THE SALE, (II) ALL RIGHTS OF SELF HELP
INCLUDING PEACEFUL OCCUPATION OF PROPERTY AND COLLECTION OF RENTS, SET OFF, AND
PEACEFUL POSSESSION OF PROPERTY, (III) OBTAINING PROVISIONAL OR ANCILLARY
REMEDIES INCLUDING INJUNCTIVE RELIEF, SEQUESTRATION, GARNISHMENT, ATTACHMENT,
APPOINTMENT OF RECEIVER AND IN FILING AN INVOLUNTARY BANKRUPTCY PROCEEDING, AND
(IV) WHEN APPLICABLE, A JUDGMENT BY CONFESSION OF JUDGMENT.
PRESERVATION OF
THESE REMEDIES DOES NOT LIMIT THE POWER OF AN ARBITRATOR TO GRANT SIMILAR
REMEDIES THAT MAY BE REQUESTED BY A PARTY IN A DISPUTE.
SECTION 13.7
REVERSAL OF PAYMENTS.
TO THE EXTENT THE BORROWERS MAKES A
PAYMENT OR PAYMENTS TO THE ADMINISTRATIVE AGENT FOR THE RATABLE BENEFIT OF THE
LENDERS OR THE ADMINISTRATIVE AGENT RECEIVES ANY PAYMENT OR PROCEEDS OF THE
COLLATERAL WHICH PAYMENTS OR PROCEEDS OR ANY PART THEREOF ARE SUBSEQUENTLY
INVALIDATED, DECLARED TO BE FRAUDULENT OR PREFERENTIAL, SET ASIDE AND/OR
REQUIRED TO BE REPAID TO A TRUSTEE, RECEIVER OR ANY OTHER PARTY UNDER ANY
BANKRUPTCY LAW, STATE OR FEDERAL LAW, COMMON LAW OR EQUITABLE CAUSE, THEN, TO
THE EXTENT OF SUCH PAYMENT OR PROCEEDS REPAID, THE OBLIGATIONS OR PART THEREOF
INTENDED TO BE SATISFIED SHALL BE REVIVED AND CONTINUED IN FULL FORCE AND EFFECT
AS IF SUCH PAYMENT OR PROCEEDS HAD NOT BEEN RECEIVED BY THE ADMINISTRATIVE
AGENT.
SECTION 13.8
PUNITIVE DAMAGES.
THE ADMINISTRATIVE AGENT,