obtained by the Lender or third parties, nor shall the Lender or any of its
employees, officers, directors or agents be liable to any Person receiving a
copy of such reports or analyses for any inaccuracy or omission contained in
such reports or analyses or relating thereto.
Section 9.20 Entire Agreement; No Oral Representations Limiting
Enforcement. This Agreement represents the entire agreement between the parties
hereto except for such other agreements set forth in the Loan Documents, and any
and all oral statements heretofore made regarding the matters set forth herein
are merged herein.
Section 9.21 Amendments. The parties hereto agree that this Agreement
may not be modified or amended except in writing signed by the parties hereto.
Section 9.22 Non-Use Fee. As additional consideration for the
Lender's committing and reserving monies to fund the Revolving Credit Note, the
Borrower shall pay to Lender quarterly in arrears a fee at a rate equal to 35
basis points per annum of the average unused portion of the Revolving Credit
Note during the prior Fiscal Quarter. The fee shall be calculated on a 360-day
Article X. Jury Waiver.
Section 10.01. Jury Waiver. IF ANY ACTION OR PROCEEDING INVOLVING
THIS LOAN AGREEMENT OR ANY LOAN DOCUMENT IS COMMENCED IN ANY COURT OF COMPETENT
JURISDICTION, BORROWER AND LENDER HEREBY WAIVE THEIR RIGHTS TO DEMAND A JURY