ACTION WITH ANY OTHER
ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
EXCEPT AS
PROHIBITED BY LAW, MAKER WAIVES ANY RIGHT WHICH IT MAY HAVE TO CLAIM OR RECOVER
ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OR OTHER TYPE OF DAMAGES OTHER
THAN, OR IN ADDITION TO, ACTUAL DAMAGES.
MAKER CERTIFIES THAT NO
REPRESENTATIVE, AGENT OR ATTORNEY OF LENDER HAS REPRESENTED, EXPRESSLY OR
OTHERWISE, THAT LENDER WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE
THE FOREGOING WAIVERS.
MAKER ACKNOWLEDGES THAT THE FOREGOING WAIVERS CONSTITUTE
A MATERIAL INDUCEMENT FOR LENDER TO ENTER INTO THE LOAN DOCUMENTS AND ACCEPT
THIS NOTE.
BY EXECUTING AND DELIVERING THIS NOTE, MAKER CONFIRMS THAT THE
FOREGOING WAIVERS ARE INFORMED AND FREELY MADE.
(Remainder of page intentionally left blank; signature page follows)
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Executed as a sealed instrument as of the date first set forth above.
WITNESS:
AVANT IMMUNOTHERAPEUTICS, INC.
By:
/s/ David T. Slatery
By:
/s/ Una S. Ryan
(Signature)
(Signature)
David T. Slatery
Una S. Ryan
President and C.E.O.
President and Chief Executive Officer
(Printed Name and Title)
(Printed Name and Title)
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