Common use of Arbitration, Jurisdiction and Venue Clause in Contracts

Arbitration, Jurisdiction and Venue. (a) Any dispute, controversy, or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language. (b) The Parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York County for any actions, suits or proceedings arising out of or relating to this Agreement (and agree not to commence any action, suit or proceeding relating thereto except in such courts, and further agree that service of any process, summons, notice or document by U.S. registered mail to their respective addresses set forth above shall be effective service of process for any action, suit or proceeding brought against any such Party in any such court). The Parties hereby irrevocably and unconditionally waive any objection that any such Party may now or hereafter have to the laying of venue of any action, suit or proceeding arising out of or relating to this Agreement in the courts of the State of New York or the United States of America located in New York County, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant to the arbitration procedures set forth above. (c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices in accordance with Section 12, to accept on behalf of each of the respective Parties and their respective properties and revenues, service of copies of the summons and complaint and any other process which may be served in any suit, action or proceeding brought pursuant to this Agreement, and each of the Parties hereto agrees that failure of the Process Agent to give any notice of any such service of process to any of the Parties hereto shall not impair or affect the validity of such service or the enforcement of any judgment based thereon.

Arbitration, Jurisdiction and Venue. (a) Any disputeFor emergency relief, controversyinjunctive or otherwise, or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language. (b) The Parties parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Supreme Court, State of New York and or the Federal District Court of the United States Eastern District of America located in New York County for and waive personal service of any actionsand all process upon them and consent that all such service of process be made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to, suits and agree not to assert any defense based on the lack of, jurisdiction and venue, and consent to the granting of such legal or proceedings equitable relief as is deemed appropriate by the court. Except with respect to any such emergency relief, at the sole and exclusive option and discretion of Buyer, any other controversy or claim arising out of or relating to this Agreement Agreement, or any breach thereof, shall be settled in White Plains, New York in accordance with the Rules of the American Arbitration Association (and agree not to commence any action, suit or proceeding relating thereto except in such courtsas modified below), and further agree that service judgment upon the award may be entered in any court having jurisdiction thereof. The arbitration panel shall be made up of any processthree members, summonsone of which shall be appointed by Buyer, notice or document one by U.S. registered mail Seller, and one by the other two arbitrators. Each arbitrator shall be an attorney experienced in matters relating to their respective addresses real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth above the rationale and legal basis therefor and such decision may be appealed by either party if it believes that the written decision (award) is based upon an error of law. The facts as determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be effective service taken to a three-member arbitration panel, the members of process for any action, suit or proceeding brought against any such Party which shall be selected in any such court). The Parties hereby irrevocably accordance with the above-described procedures and unconditionally waive any objection that any such Party may now or hereafter have the panel's review shall be limited to the laying application of venue of any action, suit or proceeding arising out of or relating to this Agreement in the courts statutory and decisional law of the State of New York or the United States of America located in New York County, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant (as modified by Article X(K) above) to the arbitration procedures set forth above. (c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices in accordance with Section 12, to accept on behalf of each facts of the respective Parties and their respective properties and revenues, service of copies of dispute as determined in writing by the summons and complaint and any other process which may be served in any suit, action or proceeding brought pursuant to this Agreement, and each of the Parties hereto agrees that failure of the Process Agent to give any notice of any such service of process to any of the Parties hereto shall not impair or affect the validity of such service or the enforcement of any judgment based thereonoriginal arbitration panel.

Arbitration, Jurisdiction and Venue. (a) Any dispute, With respect to any controversy, argument or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language. (b) The Parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York County for any actions, suits or proceedings arising out of or relating to this Agreement Agreement, or any breach thereof (including, but not limited to, a request for emergency relief), the parties hereby consent to the exclusive jurisdiction of the Court of Common Pleas of Montgomery Countx, Xxxxxxxvania or the Federal District Court for the Eastern District of Pennsylvania and waive personal service of any and all process upon them and consent that all such service of process made by registered or certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to jurisdiction and venue of any action instituted hereunder, agree not to commence assert any action, suit defense based on lack of jurisdiction or proceeding relating thereto except in such courts, venue and further agree that service of any process, summons, notice or document by U.S. registered mail to their respective addresses set forth above shall be effective service of process for any action, suit or proceeding brought against any such Party in any such court). The Parties hereby irrevocably and unconditionally waive any objection that any such Party may now or hereafter have consent to the laying granting of venue of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any actionemergency relief, suit injunctive or proceeding otherwise. However, anything to the contrary notwithstanding, except with respect to emergency relief, Buyer shall have the sole and exclusive option and discretion to have any controversy, argument or claim arising out of or relating to this Agreement Agreement, or any breach thereof, settled in the courts of the State of New York or the United States of America located in New York CountyPhiladelphia, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant to the arbitration procedures set forth above. (c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices Pennsylvania in accordance with Section 12, to accept on behalf of each the Rules of the respective Parties American Arbitration Association (as modified below), and their respective properties judgment upon the award may be entered in any Court having jurisdiction thereof. The arbitration panel shall be made up of three members which shall be appointed: one by Buyer, one by Seller and revenues, service of copies the third by the first two arbitrators. Each arbitrator shall be a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the summons arbitration panel. The decision (award) shall be in writing and complaint shall set forth the rationale and any other process which legal basis therefor, and such decision may be served appealed by either party if the part believes that the written decision (award) is based upon an error of law. The facts determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in any suit, action or proceeding brought pursuant to this Agreementaccordance with the above-described procedures, and each the panel's review shall be limited to the application of the Parties hereto agrees that failure statutory and decisional law of the Process Agent Commonwealth of Pennsylvania (as modified by Paragraph XII(K) above) to give any notice of any such service of process to any the facts of the Parties hereto shall not impair or affect dispute as determined in writing by the validity of such service or the enforcement of any judgment based thereonoriginal arbitration panel.

Arbitration, Jurisdiction and Venue. (a) Any dispute, With respect to any controversy, argument or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language. (b) The Parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York County for any actions, suits or proceedings arising out of or relating to this Agreement (Agreement, or any breach thereof including, but not limited to, a request for emergency relief). the parties hereby consent to the exclusive jurisdiction of the state and agree not to commence federal courts having jurisdiction over Buyer at the time any actionsuch controversy, suit argument or proceeding relating thereto except in such courtsclaim arises, and further agree that waive personal service of any process, summons, notice or document by U.S. registered mail to their respective addresses set forth above shall be effective and all process upon them and consent that all such service of process for any action, suit made by registered or proceeding brought against any such Party in any such court)certified mail directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The Parties hereby irrevocably parties waive trial by jury and unconditionally waive any objection that any such Party may now or hereafter have to the laying of jurisdiction and venue of any actionaction instituted hereunder, suit agree. not to assert any defense based on lack of jurisdiction or proceeding venue and consent to the granting of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any emergency relief, injunctive or otherwise. However, anything to the contrary notwithstanding, except with respect to emergency relief, Buyer shall have the sole and exclusive option and discretion to have any controversy, argument or claim arising out of or relating to this Agreement Agreement, or any breach thereof, settled in the courts county and state of the State of New York or the United States of America located in New York CountyBuyer's principal office, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant to the arbitration procedures set forth above. (c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices in accordance with Section 12, to accept on behalf of each the Rules of the respective Parties American Arbitration Association (as modified below), and their respective properties judgment upon the award may be entered in any Court having jurisdiction thereof The arbitration panel shall be made up of three members which shall be appointed: one by Buyer, one by Seller and revenues, service of copies the third by the first two arbitrators. Each arbitrator shall be a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the summons arbitration panel. The decision (award) shall be in writing and complaint shall set forth the rationale and any other process which legal basis therefor, and such decision may be served appealed by either party if the party believes that the written decision (award) is based upon an error of law. The facts determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in any suit, action or proceeding brought pursuant to this Agreementaccordance with the above-described procedures, and each the panel's review shall be limited to the application of the Parties hereto agrees that failure statutory and decisional law of the Process Agent state of Florida (as modified by Paragraph XI(K) above) to give any notice of any such service of process to any the facts of the Parties hereto shall not impair or affect dispute as determined in writing by the validity of such service or the enforcement of any judgment based thereonoriginal arbitration panel.

Arbitration, Jurisdiction and Venue. (a) Any dispute, With respect to any controversy, argument or claim arising out of or in relation to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be exclusively resolved by arbitration in accordance with rules of arbitration of the American Arbitration Association in force on the date when the request for arbitration is submitted in accordance with such rules. The number of arbitrators shall be three (3), appointed in accordance with said rules. The seat of the arbitration shall be New York, New York, United States. The arbitration proceedings shall be conducted in the English language. (b) The Parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York County for any actions, suits or proceedings arising out of or relating to this Agreement Agreement, or any breach thereof (including, but not limited to, a request for emergency relief), the parties hereby consent to the exclusive jurisdiction of the New York Supreme Court Nassau County and waive personal service of any and all process on them and consent that all such service of process made by registered or certified mail or by a carrier who guarantees delivery of such parcel overnight directed to them at the address stated herein and service so made shall be deemed to be completed five (5) days after mailing. The parties waive trial by jury and waive any objection to jurisdiction and venue of any action instituted hereunder, agree not to commence assert any action, suit defense based on lack of jurisdiction or proceeding relating thereto except in such courts, venue and further agree that service of any process, summons, notice or document by U.S. registered mail to their respective addresses set forth above shall be effective service of process for any action, suit or proceeding brought against any such Party in any such court). The Parties hereby irrevocably and unconditionally waive any objection that any such Party may now or hereafter have consent to the laying granting of venue of such legal or equitable relief as is deemed appropriate by the court, including, but not limited to, any actionemergency relief, suit injunctive or proceeding otherwise. However, anything to the contrary notwithstanding, except with respect to emergency relief, Buyer shall have the sole and exclusive option and discretion to have any controversy, argument or claim arising out of or relating to this Agreement Agreement, or any breach thereof, settled in Lake Success, New York in accordance with the courts Rules of the American Arbitration Association (as modified below), and judgment upon the award may be entered in any Court having jurisdiction thereof. The arbitration panel shall be made up of three members which shall be appointed: one by Buyer, one by Seller and the third by the first two arbitrators. Each arbitrator shall be a lawyer experienced in matters relating to real estate and mortgage banking. Discovery shall be permitted in connection with the arbitration proceeding within the reasonable discretion of the arbitration panel. The decision (award) shall be in writing and shall set forth the written decision (award) is based upon an error of law. The facts determined by the original panel will be final and no appeal of such findings may be made. Such appeal shall be taken to a three-member arbitration panel, the members of which shall be selected in accordance with the above-described procedures, and the panels review shall be limited to the application of the statutory and decisional laws of the State of New York or the United States of America located in New York County, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. For the avoidance of doubt, the Parties agree that any dispute, controversy or claim shall be resolved, in the first instance, pursuant (as modified by Paragraph XI(K) above) to the arbitration procedures set forth above. (c) The Purchasers hereby irrevocably appoint CT Corporation (the “Process Agent”), at 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (212-894-8940), as their agent and true and lawful attorney-in-fact in its name, place and stead, and MSDC irrevocably authorizes the office identified as its address for Notices in accordance with Section 12, to accept on behalf of each facts of the respective Parties and their respective properties and revenues, service of copies of dispute as determined in writing by the summons and complaint and any other process which may be served in any suit, action or proceeding brought pursuant to this Agreement, and each of the Parties hereto agrees that failure of the Process Agent to give any notice of any such service of process to any of the Parties hereto shall not impair or affect the validity of such service or the enforcement of any judgment based thereon.original arbitration panel