Agreement may not be contradicted by
evidence of prior, contemporaneous or subsequent oral agreements of the parties
hereto. There are no unwritten oral agreements among the parties. Borrower and
the Bank acknowledge that each has had the benefit of legal counsel of its own
choice and has been afforded an opportunity to review this Agreement and the
other loan documents in connection herewith with its legal counsel and that this
Agreement and the other loan documents shall be consulted as if jointly drafted
by Borrower and the Bank.
23.
WAIVER OF TRIAL BY JURY. THE BANK AND BORROWER
EACH HEREBY ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A
TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT,
ANY OTHER LOAN INSTRUMENTS, OR ANY OTHER INSTRUMENT OR DOCUMENT EXECUTED OR
DELIVERED PURSUANT TO OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. BORROWER
AND THE BANK EACH AGREES THAT THE COURTS OF THE STATE OF CONNECTICUT HAVE
EXCLUSIVE JURISDICTION OVER ANY ACTIONS AND PROCEEDINGS INVOLVING THIS AGREEMENT
OR ANY OTHER AGREEMENT MADE IN CONNECTION HEREWITH EXCEPT AS SPECIFICALLY
PROVIDED IN SUCH OTHER AGREEMENT AND BORROWER AND THE BANK HEREBY IRREVOCABLY
AND UNCONDITIONALLY AGREES TO SUBMIT TO THE JURISDICTION OF SUCH COURTS FOR
PURPOSES OF ANY SUCH ACTION OR PROCEEDING. BORROWER AND THE BANK EACH HEREBY
WAIVES PERSONAL SERVICE OF PROCESS AND CONSENTS TO SERVICE OF PROCESS PROVIDED
THE SAME IS GIVEN IN ACCORDANCE WITH THIS AGREEMENT. FINAL JUDGMENT IN ANY SUCH
PROCEEDING SHALL BE CONCLUSIVE, SUBJECT TO ANY RIGHT OF APPEAL, AND MAY BE
ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT.
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THE PARTIES HERETO have signed this Agreement as of the date written above.
BORROWER:
GRIFFIN LAND & NURSERIES, INC.,
a Delaware corporation
By:
/s/ Anthony J. Galici
Name:
Anthony J. Galici
Title:
Vice President and Chief Financial Officer
BANK:
WEBSTER BANK, N.A,
a national banking association
By:
/s/ Sean Mulready
Name:
Sean Mulready
Title:
Vice President
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