Retention of Jurisdiction Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, the Bankruptcy Court shall retain exclusive jurisdiction over all matters arising out of, or related to, the Chapter 11 Cases and the Plan pursuant to sections 105(a) and 1142 of the Bankruptcy Code, including jurisdiction to:
Law, Jurisdiction, Venue, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, PURCHASER AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
Jurisdiction and Venue; Waiver of Jury Trial This Agreement shall be deemed to have been made in the State of Florida and shall be subject to, and governed by, the laws of the State of Florida, and no doctrine of choice of law shall be used to apply any law other than that of the State of Florida. Each Party hereby irrevocably consents and submits to the exclusive jurisdiction of the Circuit Court of Xxxx County, Florida, for all purposes under this Agreement, and waives any defense to the assertion of such jurisdiction based on inconvenient forum or lack of personal jurisdiction. The Parties also agree to waive any right to jury trial.
Governing Law; Jurisdiction; Waiver of Jury Trial All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, borough of Manhattan, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof to such party at the address for such notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION HEREWITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.
Court of Jurisdiction Both DBS and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract. Attachment 1 Contact Information
Place of jurisdiction The parties agree that the place of jurisdiction shall be the location of the court responsible for Gunzenhausen. Signatures Client Udine , date 05.05.2021 Gunzenhausen, date 05/02/2021 Supplier Appendix 1 Pursuant to Art. 28 GDPR: List of Personal Data and the Purpose of Their Being Processed Types of data The following types and categories of data are the object of this additional agreement: • Personal master data • Communication data (e. g. telephone, email) • Contractual master data • Log data Affected People Those affected as a result of this additional agreement include: • The Client's customers and interested parties • The Client's customers and employees I. Confidentiality Appendix 2 of the Agreement Pursuant to Art. 28 GDPR: Technical and Organizational Measures in Accordance with Art. 32 GDPR and Amendments • Physical access control • Data center parks in Nürnberg, Xxxxxxxxxxx and Helsinki • electronic physical entry control system with log • high security perimeter fencing around the entire data center park • documented distribution of keys to employees and colocation customers for colocation racks (each Client only for his rack) • policies for accompanying and designating guests in the building • data center staff present 24/7 • video monitoring at entrances and exits; security door interlocking systems and server rooms • For people outside of the employment of Hetzner Online GmbH (data center visitors), entrance to the building is only permitted in the company of a Hetzner Online employee. • Monitoring • electronic physical access control system with log • video surveillance for all entrances and exits • Electronic access control • for principal commissions for the following unmanaged product lines: Dedicated Root Servers, Colocation Servers, Cloud Servers, and Storage Boxes • server passwords, which, after the initial deployment, can only be changed by Client and are not known to the Supplier • The Client’s password for the administration interface is determined by the Client himself; the password must comply with predefined guidelines. In addition, the Client may employ two-factor authentication to further secure his account. • for principal commissions for the following managed product lines: Managed Servers, Web Hosting, and Storage Shares • Access is password-protected and only employees of the Supplier have access to the passwords. Passwords must meet a minimum length, and new passwords shall be changed on a regular basis. • Internal access control • for the Supplier's internal administration systems • The Supplier shall prevent unauthorized access by applying security updates regularly by using state of the art technology. • a revision-proof, compulsory process for allocating authorization for Supplier employees • for principal commissions for the following unmanaged product lines: Dedicated Root Servers, Colocation Servers, Cloud Servers, and Storage Boxes • The responsibility for access control is incumbent upon the Client. • for principal commissions for the following managed product lines: Managed Servers, Web Hosting, and Storage Shares • The Supplier shall prevent unauthorized access by applying security updates regularly by using state of the art technology. • a revision-proof, compulsory process for allocating authorization for Supplier employees • Only the Client is responsible for transferred data/software with regard to security and updates. • Transfer control • Data center parks in Nürnberg, Xxxxxxxxxxx and Helsinki • Drives that were in operation on canceled servers will be swiped multiple times (deleted) in accordance with data protection polices upon termination of the contract. After thorough testing, the swiped drives will be reused. • Defective drives that cannot be securely deleted shall be destroyed (shredded) directly in the Xxxxxxxxxxx data center. • Isolation control • for the Supplier's internal administration systems • Data shall be physically or logically isolated and saved separately from other data. • Backups of data shall also be performed using a similar system of physical or logical isolation. • for principal commissions for the following unmanaged product lines: Dedicated Root Servers, Colocation Servers, Cloud Servers, and Storage Boxes • The Client is responsible for isolation control. • for principal commissions for the following managed product lines: Managed Servers, Web Hosting, and Storage Shares • Data shall be physically or logically isolated and saved separately from other data. • Backups of data shall also be performed using a similar system of physical or logical isolation. • Pseudonymization • The Client is responsible for pseudonymization.
Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.
Governing Law; Venue; Waiver of Jury Trial THE CORPORATE LAWS OF THE STATE OF DELAWARE SHALL GOVERN ALL ISSUES CONCERNING THE RELATIVE RIGHTS OF THE COMPANY AND ITS STOCKHOLDERS. ALL QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, ENFORCEMENT AND INTERPRETATION OF THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. THE COMPANY AND INVESTORS HEREBY IRREVOCABLY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN FOR THE ADJUDICATION OF ANY DISPUTE BROUGHT BY THE COMPANY OR ANY INVESTOR HEREUNDER, IN CONNECTION HEREWITH OR WITH ANY TRANSACTION CONTEMPLATED HEREBY OR DISCUSSED HEREIN (INCLUDING WITH RESPECT TO THE ENFORCEMENT OF ANY OF THE TRANSACTION DOCUMENTS), AND HEREBY IRREVOCABLY WAIVE, AND AGREE NOT TO ASSERT IN ANY SUIT, ACTION OR PROCEEDING BROUGHT BY THE COMPANY OR ANY INVESTOR, ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF ANY SUCH COURT, OR THAT SUCH SUIT, ACTION OR PROCEEDING IS IMPROPER. EACH PARTY HEREBY IRREVOCABLY WAIVES PERSONAL SERVICE OF PROCESS AND CONSENTS TO PROCESS BEING SERVED IN ANY SUCH SUIT, ACTION OR PROCEEDING BY MAILING A COPY THEREOF VIA REGISTERED OR CERTIFIED MAIL OR OVERNIGHT DELIVERY (WITH EVIDENCE OF DELIVERY) TO SUCH PARTY AT THE ADDRESS IN EFFECT FOR NOTICES TO IT UNDER THIS AGREEMENT AND AGREES THAT SUCH SERVICE SHALL CONSTITUTE GOOD AND SUFFICIENT SERVICE OF PROCESS AND NOTICE THEREOF. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT IN ANY WAY ANY RIGHT TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW. THE COMPANY AND INVESTORS HEREBY WAIVE ALL RIGHTS TO A TRIAL BY JURY.
Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Choice of Law and Jurisdiction California law, without regard to its choice-of-law provisions, governs this Agreement. The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Jurisdiction for any legal action arising from this Agreement shall exclusively reside in state or federal courts located in California, and the parties hereby consent to the jurisdiction of such courts.
