Common use of Consent to Venue and Jurisdiction Clause in Contracts

Consent to Venue and Jurisdiction. (a) IFCO and Guarantor each hereby irrevocably agree that the venue for any litigation arising out of or relating to this Guaranty shall be the courts of the state of New York and federal district courts, in each case located in Monroe County, New York and each irrevocably waives any objection which IFCO or Guarantor may now or hereafter have to the bringing of any action, suit or proceeding in such respective jurisdictions, including any objection to the laying of venue based on the grounds of forum non conveniens and any objection based on the grounds of lack of in personal jurisdiction. By the execution of this Guaranty, each of IFCO and Guarantor hereby irrevocably submits to the non-exclusive jurisdiction of any such court in any such action, suit or proceeding. Final judgment under this Guaranty in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction, by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by law. (b) Guarantor hereby irrevocably consents to the service of process of summons, complaint and other legal process in any action, suit or proceeding arising out of or relating to this Guaranty by delivering personally or by overnight courier service copies of such papers at the address designated in Section 10 hereof. Nothing in this Section shall affect the right of IFCO to serve legal process in any other manner permitted by law or affect the right of IFCO to bring any action or proceeding against Guarantor or its property in the courts of any other jurisdiction. (c) To the extent that either IFCO or Guarantor has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, IFCO and Guarantor each hereby irrevocably waives such immunity in respect of its obligations under this Guaranty.