CHOICE OF LAW & FORUM. (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
Appears in 3 contracts
Samples: Facilities Lease, Site Lease, Site Lease
CHOICE OF LAW & FORUM. (a) Choice of Law: The Assured Insured acknowledges the Company has underwritten the risks covered by this Guarantee policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, remedies or enforcement of Guaranties policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Assured Insured, and to interpret in interpreting and enforce enforcing the terms of this Guaranteepolicy. In neither case shall the court or arbitrator apply its conflicts of law laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
Appears in 1 contract
Samples: Contract of Sale (Franklin Street Properties Corp /Ma/)
CHOICE OF LAW & FORUM. (a) Choice of Law: The Assured Insured acknowledges the Company has underwritten the risks covered by this Guarantee policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Assured Insured and to interpret and enforce the terms of this Guaranteepolicy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
Appears in 1 contract
CHOICE OF LAW & FORUM. (a) Choice of Law: The Assured Insured acknowledges the Company has underwritten the risks covered by this Guarantee policy and determined the premium charged therefor therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Assured Insured and to interpret and enforce the terms of this Guaranteepolicy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (MVP REIT II, Inc.)
CHOICE OF LAW & FORUM. (a) Choice of Law: The Assured Insured acknowledges the Company has underwritten the risks covered by this Guarantee policy and determined the premium charged therefor chargedtherefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, remedies or enforcement of Guaranties policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Assured Insured, and to interpret and enforce in interpretingand enforcing the terms of this Guaranteepolicy. In neither case shall the court or arbitrator apply its conflicts of law laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Assured Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction.
Appears in 1 contract
Samples: Owner Policy of Title Insurance