Does Camp Margaritaville disclose being subject to legal proceedings, claims, and liabilities?

[Item 23: RECEIPTS]

Section 8.11 Notification and Defense of Legal Proceedings.

• (a) Notification. Each Party shall promptly notify the other Party in writing, if such Party learns that any other Person infringes or misappropriates any Camp Margaritaville Intellectual Property or initiates before any Governmental Authority any proceedings relating to any Camp Margaritaville Intellectual Property which infringement, misappropriation or proceedings would on a commercially reasonable basis be expected to have a material adverse effect on either Party's rights or obligations under this Agreement.
• (b) Franchisor Defense. Franchisor shall have the first opportunity, at its sole cost and expense, to defend against or settle (provided such settlement shall have no adverse or negative effect whatsoever upon Franchisee) any proceedings before any Governmental Authority initiated by any third parties in respect of or relating to the Camp Margaritaville Intellectual Property as soon as reasonably possible and to initiate, defend and maintain proceedings before the applicable Governmental Authority against third parties as required to protect and defend Franchisor's interest in and to the Camp Margaritaville Intellectual Property in the relevant jurisdiction.
• (c) Franchisee Defense. Regarding a proceeding to enforce or defend the Camp Margaritaville Intellectual Property, the invalidity, infringement, misappropriation of which could materially, adversely impact the Resort, if Franchisor has failed to take commercially reasonable action within 30 days of notice or within 5 days if injunctive relief is entered against Franchisor or Franchisee, after Franchisor becomes aware of any such infringement, misappropriation or proceeding in respect of or relating to the Camp Margaritaville Intellectual Property, which infringement, misappropriation or proceedings would on a commercially reasonable basis be expected to have a material adverse effect on Franchisee's rights under this Agreement, Franchisee may at Franchisor's sole cost and expense and upon delivery of written notice to Franchisor, initiate and maintain proceedings before the applicable Governmental Authority in its own name and/or the name of Franchisor or any Franchisor Affiliate and join Franchisor and/or any Franchisor Affiliate as a party thereto or participate in the defense and settlement

Section 17.06 Private Dispute. The Parties agree that any dispute and any legal proceeding arising out of or related to this Agreement shall be conducted and resolved on an individual basis only and not a classwide, multiple plaintiff or similar basis. No legal proceeding arising out of or relating to this Agreement, or the Camp Margaritaville System may be brought on behalf of any franchisee associations or groups, and Franchisee agrees not to participate in any such proceeding. Any such proceeding shall not be consolidated with any other proceeding involving any other Person, except for disputes involving Affiliates of the Parties to such legal proceeding.

Section 17.07 Waiver of Punitive Damages and Jury Trial. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS FOR THIRD-PARTY CLAIMS UNDER ARTICLE X, FRANCHISOR AND FRANCHISEE (AND FRANCHISEE'S OWNERS) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO OR CLAIM FOR ANY PUNITIVE, EXEMPLARY, AND TREBLE AND OTHER FORMS OF MULTIPLE DAMAGES AGAINST THE OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN FRANCHISOR AND FRANCHISEE (AND/OR FRANCHISEE'S OWNERS), THE PARTY MAKING A CLAIM WILL BE LIMITED TO EQUITABLE RELIEF AND TO RECOVERY OF ANY ACTUAL DAMAGES (INCLUDING LIQUIDATED DAMAGES) IT SUSTAINS.

FRANCHISOR AND FRANCHISEE (AND FRANCHISEE'S OWNERS) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER FRANCHISOR OR FRANCHISEE (OR ITS OWNERS).

Source: Item 23 — RECEIPTS (FDD pages 72–406)