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such additions , alterations , or waivers are expressly set forth in writing duly executed by the parties <br /> hereto . <br /> 18 . Waiver of Jury Trial : <br /> It is mutually agreed by and between County, the District and Calpine that <br /> each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be <br /> brought by either of the parties hereto against the other on any matters concerning or arising out of <br /> this Agreement. <br /> 19 , Assignment : <br /> Calpine shall have the right to collaterally assign, convey and transfer all or <br /> part of its interest in this agreement to any one or more financial lenders providing funding to the <br /> Project. The County and the District shall consent to and acknowledge such collateral assignment by <br /> issuing a consent and acknowledgement, consenting and acknowledging the financial lenders ' rights <br /> to step in and take over ownership and operations of BHEC in the event of a foreclosure or similar <br /> type action under the lending arrangements . In addition Calpine shall have the right to assign, <br /> convey and transfer all of its interest in this agreement to an affiliate or subsidiary that assumes <br /> ownership and responsibility for operation of the Project, provided that Calpine shall not be relieved <br /> of its obligations . Otherwise, neither party may assign, convey or transfer all or any part of its interest <br /> 28 <br /> 8 .5 .04 Water Agreement <br />