Common use of Claims Under Agreement Clause in Contracts

Claims Under Agreement. The City and the Company agree and intend that, except to the extent such agreement would be impermissible under applicable law, any and all claims asserted by or against the City arising under this Agreement or related thereto will be heard and determined either in a court of the United States (“Federal Court”) located in New York City or in a court of the State of New York (“New York State Court”) located in the City and County of New York. To give effect to this agreement and intent, the Company agrees that: (a) If the City initiates any action against the Company in Federal Court or in New York State Court, service of process may be made on the Company as provided in § 10.19 hereof; (b) With respect to any action between the City and the Company in New York State Court, the Company hereby expressly waives and relinquishes any rights it might otherwise have (i) to move or dismiss on grounds of forum non conveniens; (ii) to remove to Federal Court outside of the City of New York; and (iii) to move for a change of venue to a court of the State of New York outside New York County; (c) With respect to any action between the City and the Company in Federal Court, the Company expressly waives and relinquishes any right it might otherwise have to move to transfer the action to a Federal Court outside the City of New York; and (d) If the Company commences any action against the City in a court located other than in the City and State of New York, then, upon request of the City, the Company shall either consent to a transfer of the action to a court of competent jurisdiction located in the City and State of New York or, if the court where the action is initially brought will not or cannot transfer the action, the Company shall consent to dismiss such action without prejudice and may thereafter reinstitute the action in a court of competent jurisdiction in the City of New York.

Claims Under Agreement. The City and the Company agree and intend that, except to the extent such agreement would be impermissible under prohibited by applicable law, any and all claims asserted by or against the City either party arising under this Agreement or related thereto will shall be heard and determined either in a court of the United States (“Federal Court”) located in New York City ("Federal Court") or in a court of the State of New York (“New York State Court”) located in the City and County of New YorkYork ("New York State Court"). To give effect to this agreement and intent, the Company agrees parties agree that: (a) If the City if either party initiates any action against the Company other in Federal Court or in New York State Court, service of process may be made on the Company as provided in § 10.19 Section 12.17 hereof; (b) With with respect to any action between the City and the Company in New York State Court, the Company each party hereby expressly waives and relinquishes any rights it might otherwise have (i) to move or dismiss on grounds of forum non conveniens; (ii) to remove to Federal Court outside of the City of New York; and (iii) to move for a change of venue to a court of the State of New York outside New York County; (c) With with respect to any action between the City and the Company in Federal Court, the Company each party expressly waives and relinquishes any right it might otherwise have to move to transfer the action to a Federal United States Court outside the City of New York; and (d) If the Company if either party commences any action against the City other in a court located other than in the City and State of New York, then, upon request of the Cityother, the Company such party shall either consent to a transfer of the action to a court of competent jurisdiction located in the City and State of New York or, if the court where the action is initially brought will not or cannot transfer the action, the Company such party shall consent to dismiss such action without prejudice and may thereafter reinstitute the action in a court of competent jurisdiction in the City of New York.

Claims Under Agreement. The City and the Company agree and intend that, except to the extent such agreement would be impermissible under inconsistent with applicable law, any and all claims asserted by or against the City arising under this Agreement or related thereto will shall be heard and determined either in a court of the United States (“Federal Court”) located in New York City ("Federal Court") or in a court of the State of New York (“New York State Court”) located in the City and County of New YorkYork ("New York State Court"). To give effect to this agreement Agreement and intent, the Company agrees that: (a) If the City initiates any action against the Company in Federal Court or in New York State Court, service of process may be made on the Company as provided in § 10.19 Section 13.20 hereof; (b) With respect to any action between the City and the Company in New York State Court, the Company hereby expressly waives and relinquishes any rights it might otherwise have (i) to move or dismiss on grounds of forum non conveniens; (ii) to remove to Federal Court outside of the City of New York; and (iii) to move for a change of venue to a court of the State of New York outside New York County; (c) With respect to any action between the City and the Company in Federal Court, the Company expressly waives and relinquishes any right it might otherwise have to move to transfer the action to a Federal United States Court outside the City of New York; and (d) If the Company commences any action against the City in a court located other than in the City and State of New York, then, upon request of the City, the Company shall either consent to a transfer of the action to a court of competent jurisdiction located in the City and State of New York or, if the court where the action is initially brought will not or cannot transfer the action, the Company shall consent to dismiss such action without prejudice and may thereafter reinstitute the action in a court of competent jurisdiction in the City of New York.

Claims Under Agreement. The City and the Company agree and intend that, except to the extent such agreement would be impermissible under inconsistent with applicable law, any and all claims asserted by or against the City arising under this Agreement or related thereto will shall be heard and determined either in a court of the United States (“Federal Court”) located in New York City ("Federal Court") or in a court of the State of New York (“New York State Court”) located in the City and County of New YorkYork ("New York State Court"). To give effect to this agreement Agreement and intent, the Company agrees that: (a) If the City initiates any action against the Company in Federal Court or in New York State Court, service of process may be made on the Company as provided in § 10.19 Section 13.20 hereof; (b) With respect to any action between the City and the Company in New York State Court, the Company hereby expressly waives and relinquishes any rights it might otherwise have (i) to move or dismiss on grounds of forum non conveniens; : (ii) to remove to Federal Court outside of the City of New York; and (iii) to move for a change of venue to a court of the State of New York outside New York County; (c) With respect to any action between the City and the Company in Federal Court, the Company expressly waives and relinquishes any right it might otherwise have to move to transfer the action to a Federal United States Court outside the City of New York; and (d) If the Company commences any action against the City in a court located other than in the City and State of New York, then, upon request of the City, the Company shall either consent to a transfer of the action to a court of competent jurisdiction located in the City and State of New York or, if the court where the action is initially brought will not or cannot transfer the action, the Company shall consent to dismiss such action without prejudice and may thereafter reinstitute the action in a court of competent jurisdiction in the City of New York. When the Company either gives such consent or dismisses such action, to allow for such reinstitution, the City agrees, where it is able, to waive any statue of limitation, provided the Company has brought such action at least three (3) months prior to the expiration of the statute of limitation and has provided the City with notice pursuant to the Agreement.