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Each of Borrower and BMO, for itself, its successors and assigns, waives any right to sue for or collect from the other party any special, incidental, punitive or consequential damages of any character as a result of or relating to this Agreement, the transactions contemplated by this Agreement or the enforcement by either party of its rights under this Agreement. This website uses cookies to personalize your content including ads , and allows us to analyze our traffic. The execution, delivery and performance by Borrower of each of the Credit Documents to which it is a party has been duly authorized by all necessary corporate action, are within its corporate power and capacity and has been duly executed and delivered by it. These terms shall be set forth in a Financing Plan. Borrower has filed all Tax returns which were required to be filed, has paid or made provision for payment in accordance with GAAP of all Taxes which are due and payable, and has provided adequate reserves in accordance with GAAP for the payment of any Taxes, the payment of which is being contested, except to the extent that any failure to do so could not reasonably be expected to have a Material Adverse Effect.