Common use of Choice of Law; Jurisdiction and Venue; Attorneys’ Fees Clause in Contracts

Choice of Law; Jurisdiction and Venue; Attorneys’ Fees. This Agreement shall be governed by the laws of the State of California, without regard to conflict of laws provisions. As evidenced by Dealer’s signature below, Dealer agrees that any and all claims or disputes pertaining to this Agreement, or to any matter arising out of or related to this Agreement, initiated by Dealer against Westlake, shall be exclusively brought in the state courts of Los Angeles County, California, and waives any objection based upon lack of personal jurisdiction, improper venue, or forum non-convenient with respect to any such action. Further, Dealer expressly consents to the exclusive jurisdiction and venue of the state courts of Los Angeles County, California, as to any legal or equitable action that may be brought in such court by Westlake, and waives any objection based upon lack of personal jurisdiction, improper venue, or forum non-convenient with respect to any such action. Dealer acknowledges and agrees that Westlake reserves the right to initiate and prosecute any action against Dealer in any court of competent jurisdiction, and Borrower consents to such forum as Westlake may elect. To the extent that Dealer initiates any claims or defenses contrary to the foregoing, Dealer expressly agrees to take all actions necessary to transfer venue in accordance with this section and to reimburse Westlake for all costs, fees and reasonable attorneys’ fees in enforcing this section. The prevailing Party in any action or proceeding arising from or related to this Agreement shall be entitled to recover all costs and reasonable attorneys’ fees from the non-prevailing Party. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION BASED UPON, ARISING UNDER OR IN ANY WAY RELATED TO THE DEALINGS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. EACH PARTY FURTHER WAIVES ANY RIGHT THAT IT MAY HAVE TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION AGAINST THE OTHER PARTY.