Common use of Consent to Jurisdiction and Waiver of Jury Trial Clause in Contracts

Consent to Jurisdiction and Waiver of Jury Trial. Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to the Peat Certificates, the underlying peat and the values thereof) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby irrevocably submits to the jurisdiction of such courts for the purpose of any suit, action, proceeding or claims. Each Party hereby irrevocably waives, to the fullest extent allowed by law, any objection which it may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to this agreement brought in any State or Federal court sitting in New York, New York, and hereby irrevocably waives any claim that any suit, action or proceeding was brought in an inconvenient forum. Each Party further irrevocably consents to the service of process out of any of the aforementioned courts in any such action, suit or proceeding or claim by the mailing of copies thereof by certified mail, return receipt requested, postage prepaid, to its address set forth in Section 10.6. Nothing herein shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor or any Issuer in any jurisdiction or to serve process in any manner permitted by applicable law. Each Party waives irrevocably the right to trial by jury with respect to any legal proceeding in which the Parties are adverse parties.

Consent to Jurisdiction and Waiver of Jury Trial. Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to the Peat Certificates, the underlying peat and the values thereofa) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby The Pledgor irrevocably submits to the non-exclusive jurisdiction of such courts for any New York State or federal court sitting in the purpose Borough of Manhattan, The City of New York, over any suit, actionaction or proceeding arising out of or relating to this Agreement, proceeding the Note Agreement, the Guaranty Agreement or claimsthe Notes. Each Party hereby irrevocably waives, to To the fullest extent allowed permitted by applicable law, the Pledgor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection which that it may now or hereafter have to the laying of the venue of any such suit, action, action or proceeding arising out of or relating to this agreement brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. (b) The Pledgor consents to process being served by or on behalf of the Collateral Agent or any holder of Notes in any suit, action or proceeding was brought in an inconvenient forum. Each Party further irrevocably consents to the service of process out of any of the aforementioned courts nature referred to in any such actionXxxxxx Xxxxx Resources, suit Inc. Pledge and Security Agreement Section 21(a) by hand delivery, reputable overnight commercial delivery service or proceeding or claim by the mailing of copies a copy thereof by registered or certified or express mail (or any substantially similar form of mail), postage prepaid, return receipt requested, postage prepaidin each case to it at its address specified in Section 15 or at such other address of which the Collateral Agent or such holder shall then have been notified pursuant to said Section. The Pledgor agrees that such service upon receipt (i) shall be deemed in every respect effective service of process upon it in any such suit, action or proceeding and (ii) shall, to its address set forth the fullest extent permitted by applicable law, be taken and held to be valid personal service upon and personal delivery to it. Notices hereunder shall be conclusively presumed received as evidenced by a delivery receipt furnished by the United States Postal Service or any reputable commercial delivery service. (c) Nothing in this Section 10.6. Nothing herein 21 shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor Collateral Agent or any Issuer in any jurisdiction or holder of a Note to serve process in any manner permitted by applicable law. Each Party waives irrevocably , or limit any right that the right Collateral Agent or the holders of any of the Notes may have to trial by jury with respect bring proceedings against the Pledgor in the courts of any appropriate jurisdiction or to enforce in any legal proceeding lawful manner a judgment obtained in which the Parties are adverse partiesone jurisdiction in any other jurisdiction. (d) THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT, THE NOTES, THE NOTE PURCHASE AGREEMENT, THE GUARANTY AGREEMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH OR THEREWITH.

Consent to Jurisdiction and Waiver of Jury Trial. Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to the Peat Certificates, the underlying peat and the values thereofa) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby The Pledgor irrevocably submits to the non-exclusive jurisdiction of such courts for any New York State or federal court sitting in the purpose Borough of Manhattan, The City of New York, over any suit, actionaction or proceeding arising out of or relating to this Agreement, proceeding the Note Agreement, the Guaranty Agreement or claimsthe Notes. Each Party hereby irrevocably waives, to To the fullest extent allowed permitted by applicable law, the Pledgor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection which that it may now or hereafter have to the laying of the venue of any such suit, action, action or proceeding arising out of or relating to this agreement brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. (b) The Pledgor consents to process being served by or on behalf of the Collateral Agent or any holder of Notes in any suit, action or proceeding was brought in an inconvenient forum. Each Party further irrevocably consents to the service of process out of any of the aforementioned courts nature referred to in any such actionWest Maricopa Combine, suit Inc. Pledge and Security Agreement Section 21(a) by hand delivery, reputable overnight commercial delivery service or proceeding or claim by the mailing of copies a copy thereof by registered or certified or express mail (or any substantially similar form of mail), postage prepaid, return receipt requested, postage prepaidin each case to it at its address specified in Section 15 or at such other address of which the Collateral Agent or such holder shall then have been notified pursuant to said Section. The Pledgor agrees that such service upon receipt (i) shall be deemed in every respect effective service of process upon it in any such suit, action or proceeding and (ii) shall, to its address set forth the fullest extent permitted by applicable law, be taken and held to be valid personal service upon and personal delivery to it. Notices hereunder shall be conclusively presumed received as evidenced by a delivery receipt furnished by the United States Postal Service or any reputable commercial delivery service. (c) Nothing in this Section 10.6. Nothing herein 21 shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor Collateral Agent or any Issuer in any jurisdiction or holder of a Note to serve process in any manner permitted by applicable law. Each Party waives irrevocably , or limit any right that the right Collateral Agent or the holders of any of the Notes may have to trial by jury with respect bring proceedings against the Pledgor in the courts of any appropriate jurisdiction or to enforce in any legal proceeding lawful manner a judgment obtained in which the Parties are adverse partiesone jurisdiction in any other jurisdiction. (d) THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT, THE NOTES, THE NOTE PURCHASE AGREEMENT, THE GUARANTY AGREEMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH OR THEREWITH.

Consent to Jurisdiction and Waiver of Jury Trial. (a) Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to of the Peat Certificates, the underlying peat and the values thereof) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby Parties irrevocably submits to the exclusive jurisdiction of such (i) the state courts of the State of New York located in borough of Manhattan in New York City and (ii) the United States District Court for the purpose Southern District of New York (and the appropriate appellate courts therefrom) for the purposes of any suit, action, proceeding Action arising out of or claimsrelating to this Agreement or any transaction contemplated hereby (and agrees not to commence any Action relating hereto except in such courts). Each Party hereby of the Parties further agrees that service of any process, summons, notice or document hand delivered or sent by U.S. registered mail to such Party’s respective address set forth in Section 6.07 will be effective service of process for any Action in New York with respect to any matters to which it has submitted to jurisdiction as set forth in the immediately preceding sentence. Each of the Parties irrevocably waives, to the fullest extent allowed by law, and unconditionally waives any objection which it may now or hereafter have to the laying of venue of any suit, action, or proceeding Action arising out of or relating to this agreement Agreement in (i) state courts of the State of New York located in borough of Manhattan in New York City or (ii) the United States District Court for the Southern District of New York (and the appropriate appellate courts therefrom), and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Action brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any suit, action or proceeding was has been brought in an inconvenient forum. Each Notwithstanding the foregoing, each Party further irrevocably consents to the service of process out of any of the aforementioned courts agrees that a final judgment in any such action, Action so brought shall be conclusive and may be enforced by suit or proceeding or claim by on the mailing of copies thereof by certified mail, return receipt requested, postage prepaid, to its address set forth in Section 10.6. Nothing herein shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor or any Issuer judgment in any jurisdiction or to serve process in any other manner permitted by applicable law. Each Party waives irrevocably the right to trial by jury with respect to any legal proceeding provided in which the Parties are adverse partieslaw or in equity. (b) EACH OF THE PARTIES IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Consent to Jurisdiction and Waiver of Jury Trial. (a) Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to of the Peat Certificates, the underlying peat and the values thereof) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby Parties irrevocably submits to the exclusive jurisdiction of such (i) the state courts of the State of New York located in borough of Manhattan in New York City and (ii) the United States District Court for the purpose Southern District of New York (and the appropriate appellate courts therefrom) for the purposes of any suitAction arising out of or relating to this Agreement or any transaction contemplated hereby (and agrees not to commence any Action, action, suit or proceeding or claimsrelating hereto except in such courts). Each Party hereby of the Parties further agrees that service of any process, summons, notice or document hand delivered or sent by U.S. registered mail to such Party’s respective address set forth in Section 5.06 (Notices) will be effective service of process for any Action in New York with respect to any matters to which it has submitted to jurisdiction as set forth in the immediately preceding sentence. Each of the Parties irrevocably waives, to the fullest extent allowed by law, and unconditionally waives any objection which it may now or hereafter have to the laying of venue of any suit, action, or proceeding Action arising out of or relating to this agreement Agreement or the Transactions in (i) state courts of the State of New York located in borough of Manhattan in New York City or (ii) the United States District Court for the Southern District of New York (and the appropriate appellate courts therefrom), and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Action brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any suit, action or proceeding was has been brought in an inconvenient forum. Each Notwithstanding the foregoing, each Party further irrevocably consents to the service of process out of any of the aforementioned courts agrees that a final judgment in any such action, Action so brought shall be conclusive and may be enforced by suit or proceeding or claim by on the mailing of copies thereof by certified mail, return receipt requested, postage prepaid, to its address set forth in Section 10.6. Nothing herein shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor or any Issuer judgment in any jurisdiction or to serve process in any other manner permitted by applicable law. Each Party waives irrevocably the right to trial by jury with respect to any legal proceeding provided in which the Parties are adverse partieslaw or in equity. (b) EACH OF THE PARTIES IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TRANSACTIONS OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Consent to Jurisdiction and Waiver of Jury Trial. Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to the Peat Certificates, the underlying peat and the values thereofa) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby The Pledgor irrevocably submits to the non-exclusive jurisdiction of such courts for any New York State or federal court sitting in the purpose Borough of Manhattan, The City of New York, over any suit, actionaction or proceeding arising out of or relating to this Agreement, proceeding the Note Agreement, the Guaranty Agreement or claimsthe Notes. Each Party hereby irrevocably waives, to To the fullest extent allowed permitted by applicable law, the Pledgor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection which that it may now or hereafter have to the laying of the venue of any such suit, action, action or proceeding arising out of or relating to this agreement brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. (b) The Pledgor consents to process being served by or on behalf of the Collateral Agent or any holder of Notes in any suit, action or proceeding was brought in an inconvenient forum. Each Party further irrevocably consents to the service of process out of any of the aforementioned courts nature referred to in any such actionXxxxxx Xxxxx, suit LLC Pledge and Security Agreement Section 21(a) by hand delivery, reputable overnight commercial delivery service or proceeding or claim by the mailing of copies a copy thereof by registered or certified or express mail (or any substantially similar form of mail), postage prepaid, return receipt requested, postage prepaidin each case to it at its address specified in Section 15 or at such other address of which the Collateral Agent or such holder shall then have been notified pursuant to said Section. The Pledgor agrees that such service upon receipt (i) shall be deemed in every respect effective service of process upon it in any such suit, action or proceeding and (ii) shall, to its address set forth the fullest extent permitted by applicable law, be taken and held to be valid personal service upon and personal delivery to it. Notices hereunder shall be conclusively presumed received as evidenced by a delivery receipt furnished by the United States Postal Service or any reputable commercial delivery service. (c) Nothing in this Section 10.6. Nothing herein 21 shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor Collateral Agent or any Issuer in any jurisdiction or holder of a Note to serve process in any manner permitted by applicable law. Each Party waives irrevocably , or limit any right that the right Collateral Agent or the holders of any of the Notes may have to trial by jury with respect bring proceedings against the Pledgor in the courts of any appropriate jurisdiction or to enforce in any legal proceeding lawful manner a judgment obtained in which the Parties are adverse partiesone jurisdiction in any other jurisdiction. (d) THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT, THE NOTES, THE NOTE PURCHASE AGREEMENT, THE GUARANTY AGREEMENTS OR ANY OTHER DOCUMENT EXECUTED IN CONNECTION HEREWITH OR THEREWITH.

Consent to Jurisdiction and Waiver of Jury Trial. Each Party hereto hereby irrevocably agrees that any suit, action, proceeding or claim against it arising out of, or relating to, this Agreement (including, without limitation, any dispute relating to the Peat Certificates, the underlying peat and the values thereofa) or any judgment entered by any court in respect thereof may be brought and enforced in any State or Federal court sitting in New York, New York, and each Party hereby The Pledgor irrevocably submits to the non-exclusive jurisdiction of such courts for any New York State or federal court sitting in the purpose Borough of Manhattan, The City of New York, over any suit, actionaction or proceeding arising out of or relating to this Agreement, proceeding the Note Agreement, the Guaranty Agreement or claimsthe Notes. Each Party hereby irrevocably waives, to To the fullest extent allowed permitted by applicable law, the Pledgor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any Global Water Holdings, Inc. Pledge and Security Agreement claim that it is not subject to the jurisdiction of any such court, any objection which that it may now or hereafter have to the laying of the venue of any such suit, action, action or proceeding arising out of or relating to this agreement brought in any State or Federal such court sitting in New York, New York, and hereby irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. (b) The Pledgor consents to process being served by or on behalf of the Collateral Agent or any holder of Notes in any suit, action or proceeding was brought in an inconvenient forum. Each Party further irrevocably consents to the service of process out of any of the aforementioned courts nature referred to in any such actionSection 21(a) by hand delivery, suit reputable overnight commercial delivery service or proceeding or claim by the mailing of copies a copy thereof by registered or certified or express mail (or any substantially similar form of mail), postage prepaid, return receipt requested, postage prepaidin each case to it at its address specified in Section 15 or at such other address of which the Collateral Agent or such holder shall then have been notified pursuant to said Section. The Pledgor agrees that such service upon receipt (i) shall be deemed in every respect effective service of process upon it in any such suit, action or proceeding and (ii) shall, to its address set forth the fullest extent permitted by applicable law, be taken and held to be valid personal service upon and personal delivery to it. Notices hereunder shall be conclusively presumed received as evidenced by a delivery receipt furnished by the United States Postal Service or any reputable commercial delivery service. (c) Nothing in this Section 10.6. Nothing herein 21 shall affect the right of the Company to commence legal proceedings or otherwise proceed against the Investor Collateral Agent or any Issuer in any jurisdiction or holder of a Note to serve process in any manner permitted by applicable law. Each Party waives irrevocably , or limit any right that the right Collateral Agent or the holders of any of the Notes may have to bring proceedings against the Pledgor in the courts of any appropriate jurisdiction or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. (d) The parties hereto hereby waive trial by jury in any action brought on or with respect to this Agreement, the Notes, the Note Purchase Agreement, the Guaranty Agreements or any legal proceeding other document executed in which the Parties are adverse partiesconnection herewith or therewith.