Res 2007-183 - Laserfiche WebLink

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self help remedies nor the institution or maintenance of an action for foreclosure or provisional or ancillary remedies shall constitute a waiver of the right of any party, including the claimant in any such action, to arbitrate the merits of the Dispute occasioning resort to such remedies, No provision in the Loan Documents regarding submission to jurisdiction and,'or venue in any court is intended or shall be construed [o be in derogation of the provisions in any Loan Document for arbitration of any Dispute. (d) ConflictinQ_Prpvisions for Dispute Resolution. if lhcre is any conflict behvecn the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration or dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute arising out of or relating to (i) this Agreement, (ii) any other loan Document, (iii) any related agreements or instruments, or (iv) the transaction contemplated herein or therein (including any claim b~ued o^ or arising From an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute is specitically governed by another provision or agreement for arbitration or dispute resolution, the other provision or agreement shall prevail with respect to said Dispute. (e) Jury'I'rial Waiver in_,4rhitration. By agreeing to this Section, the parties irrevocably and voluntarily waive any right they may have to a trial by.jury in respecl of any Dispute. WAIVER OF JURY TRIAL. WITHOUT INTENDING IN ANY WAY TO LIMIT THT PARTIES' AGREEMENT TO ARBITRATE. ANY "DISPUTE" (FOR PURPOSES OF TNTS SF:C'I'ION, A5 DEFINED ABOVE) AS SET FORTH IN THIS AGREEMENT, TO THE EXTENT ANY "DISPUTE" IS NOT SUBMITTED TO ARBITRATION OR IS DEEMED BY THE ARBITRATOR OR BY ANY COURT WIThT JURISDICTION TO BE NOT ARBITRABLE OR NO'l' REQLTRED TO BE ARBI'I'RATF,U, THE PARTIES HERETO WAIVE TRIAL BY JURY IN RESPECT OF ANY SUCH "DISPUTE" AND ANY ACTION OiY SUCH "DTSPTJTE." THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY THE PARTIES IIERE'I'O, AND THE PARTTF,S HERETO IIERIa:BY REPRESENT 'THAT NU ItEYRESENTATIONS OF FACT OA OPINION HAVE BEEN MADE BY ANY PERSON OR ENTI'T'Y TO LNDUCE TIflS WAIVER OF TRIAL BY .1TJRY OR TO LN rVYY WAY MODIFY OA NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES F.NTF.RING INTU THIS AGREEMENT. THE PAR'I'IE5 HERETO ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL. EACH PARTY HERETO FURTIIER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IiY THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE OPPORTI]1VTTY 'I'O BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS H.AD THE OPPORTIJNTTY TO DISCUSS THIS WAIVER WITH COUNSEL. 8 Notice of Final Agreement. This Agreement is the entire agreement between the parties with respect to modifications of documents provided for herein and supersedes all prior conflicting or inconsistent agreements, consents and understandings relating to such subject matter- The following notice is applicable only if the original amount of the Modified Note was in excess of $SQOOOAO and the Modified Note was originally executed on or after September 1, 1989: "'1'HF: WRITTEN LOAN AGREEMENT REPRESENTS TILE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE COhITRADTC'l'Ea BY EVIDENCE OF PRIOR, CONTF.IVH'ORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF TIC PARTIES. THERE ARE. YO UNWRITTEN URAL AGREEMENTS BF,TWEEN PARTIES." '1y~514?