Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 53 contracts
Samples: Fund Administration and Accounting Agreement (AMG Pantheon Credit Solutions Fund), Fund Administration and Accounting Agreement (Simplify Exchange Traded Funds), Fund Administration and Accounting Agreement (Third Avenue Trust)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and ConditionsConditions to the fullest extent permitted by law.
Appears in 4 contracts
Samples: Custody Agreement (ProShares Trust II), Custody Agreement (ProShares Trust II), Custody Agreement (ProShares Trust II)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York CityYork, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 4 contracts
Samples: Sub Administration and Accounting Agreement (KKR Enhanced US Direct Lending Fund-L), Sub Administration and Accounting Agreement (KKR US Direct Lending Fund-U), Administrative Services Agreement (KKR Private Equity Conglomerate LLC)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You Company expressly and irrevocably agree agrees that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your Company’s use of Electronic Access resides in the state or federal courts in New York City, New York; and You Company further irrevocably agree agrees and expressly and irrevocably consent consents to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You Company hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 3 contracts
Samples: State Filing Services Agreement (Sterling Capital Funds), State Filing Services Agreement (Bridgeway Funds Inc), State Filing Services Agreement (AMG Pantheon Private Equity Fund, LLC)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that to the exclusive jurisdiction and venue of the state or federal courts situated in New York City, New York, for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New YorkAccess; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 2 contracts
Samples: Custody Agreement (Sprott ESG Gold ETF), Custody Agreement (Sprott ESG Gold ETF)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that non-exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 2 contracts
Samples: Custody Agreement (Evanston Alternative Opportunities Fund), Administrative Services Agreement (Evanston Alternative Opportunities Fund)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, . New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon Securities Intermediary and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 1 contract
Samples: Collateral Account Control Agreement (Guggenheim Taxable Municipal Managed Duration Trust)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You the Fund expressly and irrevocably agree agrees that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your the Fund’s use of Electronic Access resides in the state or federal courts in New York City, New York; and You the Fund further irrevocably agree agrees and expressly and irrevocably consent consents to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You the Fund hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 1 contract
Samples: State Filing Services Agreement (Evanston Alternative Opportunities Fund)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY MellonThe Bank, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon Securities Intermediary and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 1 contract
Samples: Isda Master Agreement (Olden Lane Trust C/O Olden Lane Securities LLC)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these those Terms and Conditions.
Appears in 1 contract
Samples: Custody Agreement (Blackstone / GSO Long-Short Credit Income Fund)
Choice of Law and Forum. Unless otherwise agreed and specified herein, these Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law; You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with BNY Mellon, its employees, contractors, officers or directors or relating in any way to Your use of Electronic Access resides in the state or federal courts in New York City, New York; and You further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought with respect to these Terms and Conditions. BNY Mellon Securities Intermediary and You hereby waive the right of trial by jury in any action arising out of or related to the BNY Mellon or these Terms and Conditions.
Appears in 1 contract
