Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this (b) Each Party irrevocably and unconditionally: (i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement may be brought in, and only in, such courts; (ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and (iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party and may be enforced in the courts of any other jurisdiction.
Appears in 8 contracts
Samples: Funding Agreement, Funding Agreement, User Funding – Rail Corridor Agreement
Determination by Court. (a) If any Dispute under a Transaction Document is not otherwise resolved in accordance with thisthis clause 5, then the Dispute may be referred by any party to the relevant Transaction Document to one of the courts of the State having jurisdiction, and sitting in Brisbane.
(b) Each Party party to a Transaction Document irrevocably and unconditionally:
(i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement the Transaction Document and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement the Transaction Document may be brought in, and only in, such courts;
(ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and
(iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party party and may be enforced in the courts of any other jurisdiction.
Appears in 4 contracts
Samples: User Funding Agreement, User Funding – Extension Project Agreement, User Funding – Extension Project Agreement
Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with thisthis clause 8, then the Dispute may be referred to one of the courts of the State having jurisdiction, and sitting in Brisbane.
(b) Each Party irrevocably and unconditionally:
(i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement may be brought in, and only in, such courts;
(ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and
(iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party and may be enforced in the courts of any other jurisdiction.
Appears in 3 contracts
Samples: User Funding – Umbrella Agreement, User Funding – Umbrella Agreement, User Funding – Umbrella Agreement
Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with thisthis clause 15, then the Dispute may be referred to one of the courts of the State having jurisdiction, and sitting in Brisbane.
(b) Each Party irrevocably and unconditionally:
(i) agrees that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, are to have exclusive jurisdiction to settle disputes which may arise out of or in connection with this Agreement and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement may be brought in, and only in, such courts;
(ii) waives any objection which it may have now or hereafter to the laying of the venue of any Proceedings in such courts and any Claim that any such Proceedings have been brought in an inconvenient forum; and
(iii) agrees that a final judgment in any Proceedings brought in such courts will be final and binding upon such Party and may be enforced in the courts of any other jurisdiction.
Appears in 1 contract
Samples: Studies Funding Agreement
