Common use of Determination by Court Clause in Contracts

Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 16, 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

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Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 166, then the Dispute may be referred to one of the courts of the State having jurisdiction, and sitting in Brisbane. (b) Each Party party to the Transaction Document under Dispute irrevocably and unconditionally: (ic) 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 under Dispute and that accordingly any suit, action or proceeding (Proceedings) arising out of or in connection with this Agreement the Transaction Document under Dispute may be brought in, and only in, such courts; (iii) 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 (iiiii) 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: User Funding – Extension Project Agreement

Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 161515, 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

Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 1617, 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, subject to the following: (ia) agrees the Parties irrevocably agree that the courts of the State, and any courts which have jurisdiction to hear appeals from any of those courts, State 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;; and (iib) each Party irrevocably 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 claim that any such Proceedings have been brought in an inconvenient forum; and (iii) forum and further irrevocably 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: Construction Agreement

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Determination by Court. (a) If any Dispute is not otherwise resolved in accordance with this clause 16, 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 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: User Funding – Extension Infrastructure Sub Lease

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