AFOREMENTIONED LOCATION, AND THE HOLDING OF THIS LEASE AND THE
RELATED DOCUMENTS BY LESSOR AT SUCH PRINCIPAL PLACE OF BUSINESS, CONSTITUTES
SUFFICIENT CONTACT OF LESSEE AND THE TRANSACTION CONTEMPLATED HEREBY WITH
DAVIDSON COUNTY AND THE STATE OF TENNESSEE FOR THE PURPOSE OF CONFERRING
JURISDICTION UPON THE FEDERAL AND STATE COURTS PRESIDING IN SUCH COUNTY AND
STATE, ALTHOUGH NOTHING SHALL LIMIT THE JURISDICTION OF ANY OTHER COURT SHOULD
THE AFOREMENTIONED COURT(S) REFUSE TO EXERCISE JURISDICTION HEREUNDER. Further,
nothing in this Section contained shall prohibit or limit Lessor, its successors
or assigns, from, in their sole discretion, instituting suit in any court of
competent jurisdiction for the enforcement of Lessor's rights, interests and
remedies hereunder, or as regards any related document or instrument hereto
(including without limitation any Lease Assignment), or as pertains to the
Leased Property in any respect.
35.9
Waiver of Right to Trial By Jury. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, LESSOR AND LESSEE HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY
JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS
LEASE, OR UNDER ANY GUARANTY PERTAINING HERETO OR ANY OTHER INSTRUMENT, DOCUMENT
OR AGREEMENT EXECUTED OR DELIVERED PURSUANT HERETO, OR (ii) RELATED TO THE
LEASED PROPERTY, IN PART OR IN WHOLE, OR (iii) RELATED TO THIS LEASE, THE LEASED
PROPERTY OR THE TRANSACTION(S) CONTEMPLATED HEREBY, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING. LESSOR AND LESSEE FURTHER AGREE THAT ANY SUCH
CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT
A JURY, AND THAT EITHER PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS
SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT TO THE WAIVER(S) OF
TRIAL BY JURY MADE HEREIN.
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35.10
Waiver of Certain Damages. Each of the parties hereto recognizes
that one of the remedies available to it in any trial may, under certain
circumstances, be the right to receive damages in excess of those actually
sustained by it. Therefore, each of the parties agrees as follows:
(a)
TO THE MAXIMUM EXTENT NOW PERMITTED BY LAW, EACH OF THE PARTIES
HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO
CLAIM OR RECOVER IN ANY LITIGATION ANY SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL
DAMAGES.
(b)
EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT THE FOREGOING
WAIVERS ARE KNOWINGLY, FREELY AND VOLUNTARILY GIVEN, ARE DESIRED BY ALL PARTIES,
AND ARE IN THE BEST INTEREST OF ALL PARTIES.
35.11
Entire Agreement. This Lease embodies and constitutes the entire
understanding between the parties concerning the leasing of the Leased Property.
Neither this Lease nor any provision hereof may be waived, modified, amended,
discharged or terminated except by an instrument in writing signed by the party
against whom the enforcement of such waiver, modification, amendment, discharge
or termination is sought, and then only to the extent set forth in such
instrument.
ARTICLE 36
TRANSFER OF OPERATIONS AND LICENSES
36.1
Operation of