Dispute Resolution & Venue. If any lawsuit, action, or other proceeding is brought under this agreement or to establish the rights, duties, obligations, or liabilities of any party to this agreement, the Landlord and the Tenant hereby absolutely and irrevocably waive their rights to trial of any and all issues by jury, and agree instead to submit to the judgment and decision of the presiding judge or justice. Landlord and Tenant agree that any action or judicial proceeding involving or arising from this Lease may be brought only in the courts of the City of Charleston, Charleston County, State of South Carolina (the "permitted venue"). The parties hereto further agree that no other venue is proper. If either party brings any action or judicial proceeding in other than the permitted venue, the other party shall be entitled to a dismissal of such matter from such other venue and/or a removal of such action or proceeding to a court of competent jurisdiction in the permitted venue. In such case, the party who initially brought such action or proceeding in other than the permitted venue shall pay to the other party all legal costs, including but without limitation, attorneys' fees, filing fees, service fees and disbursements paid or incurred in having such action or judicial proceeding dismissed or removed.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Dispute Resolution & Venue. If any lawsuit, action, or other proceeding is brought under this agreement or to establish the rights, duties, obligations, or liabilities of any party to this agreement, the Landlord and the Tenant hereby absolutely and irrevocably waive their rights to trial of any and all issues by jury, and agree instead to submit to the judgment and decision of the presiding judge or justice. Landlord and Tenant agree that any action or judicial proceeding involving or arising from this Lease lease may be brought only in the courts of the City of Charleston, Charleston County, State of South Carolina (the "permitted venue"). The parties hereto further agree that no other venue is proper. If either party brings any action or judicial proceeding in other than the permitted venue, the other party shall be entitled to a dismissal of such matter from such other venue and/or a removal of such action or proceeding to a court of competent jurisdiction in the permitted venue. In such case, the party who initially brought such action or proceeding in other than the permitted venue shall pay to the other party all legal costs, including but without limitation, attorneys' fees, filing fees, service fees and disbursements paid or incurred in having such action or judicial proceeding dismissed or removed.
Appears in 1 contract
Samples: Lease Agreement
Dispute Resolution & Venue. If any lawsuit, action, or other proceeding is brought under this agreement or to establish the rights, duties, obligations, or liabilities of any party to this agreement, the Landlord and the Tenant hereby absolutely and irrevocably waive their rights to trial of any and all issues by jury, and agree instead to submit to the judgment and decision of the presiding judge or justice. Landlord and Tenant Xxxxxx agree that any action or judicial proceeding involving or arising from this Lease may be brought only in the courts of the City of Charleston, Charleston County, State of South Carolina (the "permitted venue"). The parties hereto further agree that no other venue is proper. If either party brings any action or judicial proceeding in other than the permitted venue, the other party shall be entitled to a dismissal of such matter from such other venue and/or a removal of such action or proceeding to a court of competent jurisdiction in the permitted venue. In such case, the party who initially brought such action or proceeding in other than the permitted venue shall pay to the other party all legal costs, including but without limitation, attorneys' fees, filing fees, service fees and disbursements paid or incurred in having such action or judicial proceeding dismissed or removed.
Appears in 1 contract
Samples: Lease Agreement