Common use of Consent to Jurisdiction, Etc.; Waiver of Jury Trial Clause in Contracts

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts of the State of Colorado, in Denver County or the federal courts located in the District of Colorado. The Parties agree that, after such a dispute is before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions with respect to such dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute is brought in an inconvenient forum or that the venue of the dispute is improper. Each Party agrees that a final judgment in any dispute described in this Section 7.3 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby party to this Agreement irrevocably consents and agrees that any dispute action, suit or proceeding between or among the parties to this Agreement arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document (each, a “Legal Dispute”) shall exclusively be brought exclusively in the courts of the State of ColoradoDelaware; provided that if subject matter jurisdiction over the Legal Dispute is vested exclusively in the United States federal courts, such Legal Dispute shall be heard in Denver County or the federal courts located in United States District Court for the District of ColoradoDelaware. The Parties agree thatEach party to this Agreement hereby irrevocably and unconditionally submits to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, after action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum. During the period a dispute Legal Dispute that is filed in accordance with this Section 6(j) is pending before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after Each party to this Agreement may bring such a dispute is before a court as specified in this Section 7.3Legal Dispute only if he, and during the pendency of such dispute before such court, each of the Parties she or it hereby waives, and agrees shall not to assert, assert as a defense in any legal disputeLegal Dispute, that it (a) such party is not personally subject thereto to the jurisdiction of the above-named courts for any reason, (b) such action, suit or that such dispute proceeding may not be brought or is not maintainable in such court or that its court, (c) such party’s property is exempt or immune from execution, that the dispute (d) such action, suit or proceeding is brought in an inconvenient forum forum, or that (e) the venue of the dispute such action, suit or proceeding is improper. Each Party agrees that a A final judgment in any dispute action, suit or proceeding described in this Section 7.3 after 6(j) following the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable laws. EACH OF THE PARTIES HEREBY WAIVE TO THIS AGREEMENT MAY BRING A LEGAL DISPUTE ONLY IF HE, SHE OR IT IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS RIGHT TO DEMAND A TRIAL BY JURY ON ANY CLAIMS OR COUNTERCLAIMS ASSERTED IN CONNECTION WITH ANY LEGAL DISPUTE RELATING TO THIS AGREEMENT, AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND FOR ANY COUNTERCLAIM RELATING THERETO. IF THE SUBJECT MATTER OF ANY SUCH LEGAL DISPUTE IS ONE IN WHICH THE WAIVER OF JURY TRIAL IS PROHIBITED, NO PARTY NOR ANY PERSON ASSERTING RIGHTS AS A THIRD-PARTY BENEFICIARY SHALL ASSERT IN SUCH LEGAL DISPUTE A NONCOMPULSORY COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. FURTHERMORE, NO PARTY TO THIS AGREEMENT SHALL SEEK TO CONSOLIDATE ANY DOCUMENT CONTEMPLATED HEREIN SUCH LEGAL DISPUTE WITH A SEPARATE ACTION OR OTHERWISE RELATED HERETOOTHER LEGAL PROCEEDING IN WHICH A JURY TRIAL CANNOT BE WAIVED.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts of the State of Colorado, in Denver Arapahoe County or the federal courts located in the District of Colorado. The Parties agree that, after such a dispute is before a court as specified in this Section 7.3 9.4 and during the pendency of such dispute before such court, all actions with respect to such dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute is brought in an inconvenient forum or that the venue of the dispute is improper. Each Party agrees that a final judgment in any dispute described in this Section 7.3 9.4 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsLaws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties Party hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document Legal Dispute shall exclusively be brought in only to the exclusive jurisdiction of the courts of the State of ColoradoTexas in Xxxxxx County, in Denver County Texas or the federal courts located in the Southern District of ColoradoTexas, and each Party hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and except for the right of removal to a federal court located in the Southern District of Texas, irrevocably waives, to the fullest extent permitted by Law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that they any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum. The Parties agree that, after such During the period a dispute Legal Dispute that is filed in accordance with this Section 13.6 is pending before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each of the Parties Each Party hereby waives, and agrees shall not to assert, assert as a defense in any legal disputeLegal Dispute, that it (a) such Party is not subject thereto thereto, (b) such action, suit or that such dispute proceeding may not be brought or is not maintainable in such court or that its court, (c) such Party’s property is exempt or immune from execution, that the dispute (d) such action, suit or proceeding is brought in an inconvenient forum or that (e) the venue of the dispute such action, suit or proceeding is improper. Each Party agrees that a A final judgment in any dispute action, suit or proceeding described in this Section 7.3 after 13.6 following the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsapplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETOLEGAL DISPUTE.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties Party hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document Legal Dispute shall exclusively be brought in only to the exclusive jurisdiction of the courts of the State of ColoradoTexas in Xxxxxx County, in Denver County Texas or the federal courts located in the Southern District of ColoradoTexas, and each Party hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocable waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that they any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum. The Parties agree that, after such During the period a dispute Legal Dispute that is filed in accordance with this Section 11.6 is pending before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each of the Parties Each Party hereby waives, and agrees shall not to assert, assert as a defense in any legal disputeLegal Dispute, that it (a) such Party is not subject thereto thereto, (b) such action, suit or that such dispute proceeding may not be brought or is not maintainable in such court or that its court, (c) such Party’s property is exempt or immune from execution, that the dispute (d) such action, suit or proceeding is brought in an inconvenient forum or that (e) the venue of the dispute such action, suit or proceeding is improper. Each Party agrees that a A final judgment in any dispute action, suit or proceeding described in this Section 7.3 after 11.6 following the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsapplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETOThe Parties hereby waive irrevocably any and all rights to demand a trial by jury in connection with any Legal Dispute.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts of the State of ColoradoTexas, in Denver Xxxxxx County or the federal courts located in the Southern District of Coloradothe State of Texas. The Parties agree that, after such a dispute is before a court as specified in this Section 7.3 8.4 and during the pendency of such dispute before such court, all actions with respect to such dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute is brought in an inconvenient forum or that the venue of the dispute is improper. Each Party agrees that a final judgment in any dispute described in this Section 7.3 8.4 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsLaws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties Party hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document Legal Dispute shall exclusively be brought in only to the exclusive jurisdiction of the courts of the State of ColoradoTexas in Harxxx Xxunty, in Denver County Texas or the federal courts located in the Southern District of ColoradoTexas, and each Party hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocable waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that they any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum. The Parties agree that, after such During the period a dispute Legal Dispute that is filed in accordance with this Section 11.6 is pending before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each of the Parties Each Party hereby waives, and agrees shall not to assert, assert as a defense in any legal disputeLegal Dispute, that it (a) such Party is not subject thereto thereto, (b) such action, suit or that such dispute proceeding may not be brought or is not maintainable in such court or that its court, (c) such Party’s property is exempt or immune from execution, that the dispute (d) such action, suit or proceeding is brought in an inconvenient forum or that (e) the venue of the dispute such action, suit or proceeding is improper. Each Party agrees that a A final judgment in any dispute action, suit or proceeding described in this Section 7.3 after 11.6 following the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsapplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETOThe Parties hereby waive irrevocably any and all rights to demand a trial by jury in connection with any Legal Dispute.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute action, suit or proceeding arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document (for purposes of this Section 10.8, a “Legal Dispute”) shall exclusively be brought in the courts of the State of ColoradoTexas in Xxxxxx County, in Denver County Texas or the federal courts located in the Southern District of Coloradothe State of Texas. The Parties agree that, after such a dispute Legal Dispute is before a court as specified in this Section 7.3 10.8 and during the pendency of such dispute Legal Dispute before such court, all actions Actions with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute action, suit or proceeding may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute action, suit or proceeding is brought in an inconvenient forum or that the venue of the dispute action, suit or proceeding is improper. Each Party agrees that a final judgment in any dispute action, suit or proceeding described in this Section 7.3 10.8 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsApplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts of the State of ColoradoNew York, in Denver New York County or the federal courts located in the Southern District of Coloradothe State of New York. The Parties agree that, after such a dispute is before a court as specified in this Section 7.3 21 and during the pendency of such dispute before such court, all actions with respect to such dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute is brought in an inconvenient forum or that the venue of the dispute is improper. Each Party agrees that a final judgment in any dispute described in this Section 7.3 21 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each Except for disputes arising out of or in connection with Closing Date NWC, Adjusted EBITDA and Contingent Consideration which shall be finally resolved by the Expert in accordance with Article I, each of the Parties hereby irrevocably consents and agrees that to the exclusive personal jurisdiction of the courts of the State of Texas in Xxxxxx County, Texas or the federal courts located in the Southern District of the State of Texas for any dispute action, suit or proceeding arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts (for purposes of the State of Coloradothis Section, in Denver County or the federal courts located in the District of Coloradoa “Legal Dispute”). The Parties agree that, after such a dispute Legal Dispute is before a court as specified in this Section 7.3 ‎Section 11.9 and during the pendency of such dispute Legal Dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree , except that after such a dispute is before a court as specified in this Section 7.3, and during the pendency actions seeking to enforce any order of such dispute before any judgment of such court, each such jurisdiction shall be non-exclusive. Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal disputeLegal Dispute, that it is not subject thereto or that such dispute action, suit or proceeding may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute action, suit or proceeding is brought in an inconvenient forum or that the venue of the dispute action, suit or proceeding is improper. Each Party hereto agrees that a final judgment in any dispute action, suit, or proceeding described in this Section 7.3 11.9 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsApplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute action, suit or proceeding arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document (for purposes of this Section 11.8, a “Legal Dispute”) shall exclusively be brought in the courts of the State of ColoradoTexas in Xxxxxx County, in Denver County Texas or the federal courts located in the Southern District of Coloradothe State of Texas. The Parties agree that, after such a dispute Legal Dispute is before a court as specified in this Section 7.3 11.8 and during the pendency of such dispute Legal Dispute before such court, all actions Actions with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute action, suit or proceeding may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute action, suit or proceeding is brought in an inconvenient forum or that the venue of the dispute action, suit or proceeding is improper. Each Party hereto agrees that a final judgment in any dispute action, suit or proceeding described in this Section 7.3 11.8 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by lawsApplicable Laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby party to this Agreement irrevocably consents and agrees that any dispute action, suit or proceeding between or among the parties to this Agreement arising in connection with any disagreement, dispute, controversy or claim arising out of or relating to this Agreement or any related document (each, a “Legal Dispute”) shall exclusively be brought exclusively in the courts of the State of ColoradoNew York; provided that if subject matter jurisdiction over the Legal Dispute is vested exclusively in the United States federal courts, such Legal Dispute shall be heard in Denver County or the federal courts United States District Court located in the District borough of ColoradoManhattan in New York City. The Parties agree thatEach party to this Agreement hereby irrevocably and unconditionally submits to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, after action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum. During the period a dispute Legal Dispute that is filed in accordance with this Section 6(j) is pending before a court as specified in this Section 7.3 and during the pendency of such dispute before such court, all actions actions, suits or proceedings with respect to such disputeLegal Dispute or any other Legal Dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after Each party to this Agreement may bring such a dispute is before a court as specified in this Section 7.3Legal Dispute only if he, and during the pendency of such dispute before such court, each of the Parties she or it hereby waives, and agrees shall not to assert, assert as a defense in any legal disputeLegal Dispute, that it (a) such party is not personally subject thereto to the jurisdiction of the above-named courts for any reason, (b) such action, suit or that such dispute proceeding may not be brought or is not maintainable in such court or that its court, (c) such party’s property is exempt or immune from execution, that the dispute (d) such action, suit or proceeding is brought in an inconvenient forum forum, or that (e) the venue of the dispute such action, suit or proceeding is improper. Each Party agrees that a A final judgment in any dispute action, suit or proceeding described in this Section 7.3 after 6(j) following the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable laws. EACH OF THE PARTIES HEREBY WAIVE TO THIS AGREEMENT MAY BRING A LEGAL DISPUTE ONLY IF HE, SHE OR IT IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS RIGHT TO DEMAND A TRIAL BY JURY ON ANY CLAIMS OR COUNTERCLAIMS ASSERTED IN CONNECTION WITH ANY LEGAL DISPUTE RELATING TO THIS AGREEMENT, AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND FOR ANY COUNTERCLAIM RELATING THERETO. IF THE SUBJECT MATTER OF ANY SUCH LEGAL DISPUTE IS ONE IN WHICH THE WAIVER OF JURY TRIAL IS PROHIBITED, NO PARTY NOR ANY PERSON ASSERTING RIGHTS AS A THIRD-PARTY BENEFICIARY SHALL ASSERT IN SUCH LEGAL DISPUTE A NONCOMPULSORY COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. FURTHERMORE, NO PARTY TO THIS AGREEMENT SHALL SEEK TO CONSOLIDATE ANY DOCUMENT CONTEMPLATED HEREIN SUCH LEGAL DISPUTE WITH A SEPARATE ACTION OR OTHERWISE RELATED HERETOOTHER LEGAL PROCEEDING IN WHICH A JURY TRIAL CANNOT BE WAIVED.

Consent to Jurisdiction, Etc.; Waiver of Jury Trial. Each of the Parties hereby irrevocably consents and agrees that any dispute arising out of or relating to this Agreement or any related document shall exclusively be brought in the courts of the State of Colorado, in Denver Arapahoe County or the federal courts located in the District of Colorado. The Parties agree that, after such a dispute is before a court as specified in this Section 7.3 9.3 and during the pendency of such dispute before such court, all actions with respect to such dispute, including any counterclaim, cross-claim or interpleader, shall be subject to the exclusive jurisdiction of such court. The Parties also agree that after such a dispute is before a court as specified in this Section 7.3, and during the pendency of such dispute before such court, each Each of the Parties hereby waives, and agrees not to assert, as a defense in any legal dispute, that it is not subject thereto or that such dispute may not be brought or is not maintainable in such court or that its property is exempt or immune from execution, that the dispute is brought in an inconvenient forum or that the venue of the dispute is improper. Each Party agrees that a final judgment in any dispute described in this Section 7.3 9.3 after the expiration of any period permitted for appeal and subject to any stay during appeal shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by laws. THE PARTIES HEREBY WAIVE IRREVOCABLY ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR ANY DOCUMENT CONTEMPLATED HEREIN OR OTHERWISE RELATED HERETO.