EFFECT; LIABILITY; INDEMNIFICATION; CHOICE OF LAW; JURISDICTION Sample Clauses

EFFECT; LIABILITY; INDEMNIFICATION; CHOICE OF LAW; JURISDICTION. 19 Section 13.1 Effects 19 Section 13.2 No Personal Liability 20 Section 13.3 Indemnification. 20 Section 13.4 Choice of Law 20 ARTICLE 14 DISPUTE RESOLUTION 20 Section 14.1 Notice of Dispute 20 Section 14.2 Negotiation 21 Section 14.3 Administrative Review 21 Section 14.4 Continuity of Service 21 Section 14.5 Independent Engineer 21 ARTICLE 15 PRIOR AGREEMENTS 22 Section 15.1 Prior Agreements 22 ARTICLE 16 NOTICE 22 Section 16.1 Notice 22 ARTICLE 17 MISCELLANEOUS 23 Section 17.1 Counterparts 23 Section 17.2 Severability 23 Section 17.3 Further Assurances 23 Section 17.4 Amendment 23 Section 17.5 Commercially Reasonable Efforts 23 Section 17.6 No Authorship Presumption 24 Section 17.7 Survival 24 Section 17.8 Good Faith 24 Section 17.9 Time of the Essence 24 Section 17.10 No Third Party Benefit 24 LIST OF EXHIBITS Exhibit “A” − Defined Terms Exhibit “B” − Master Net Public Benefit Assurance Exhibit “C” − Master Cooperative Purchasing Provisions Exhibit “D” − Master Termination Provisions Exhibit “E” − Master Insurance Requirements Exhibit “F” − Form of Adoption Agreement for Projects Exhibit “G” − Phase I Project Adoption Agreement Exhibit “H” − Phase I OSB Facility Optimization Services Agreement Exhibit “I” − Xxxx Center Plant Lease Exhibit “J” − Xxxx Center Thermal Services Agreement Exhibit “K” − Phase I Net Public Benefit Assurance Provisions Exhibit “L” − Phase I Payment Terms Exhibit “M” − Phase I Termination COOPERATIVE ENDEAVOR AGREEMENT This Cooperative Endeavor Agreement (“Agreement”), effective upon the date executed by both Parties (“Effective Date”), is made between: THE STATE OF LOUISIANA (the “State”), appearing herein through Xxx Xxxxxxxx, the Commissioner of Administration, Division of Administration, duly authorized and empowered by the State; and LA ENERGY PARTNERS, LLC (“LAEP”), a Delaware limited liability company, appearing herein through Xxxxxxx X. Xxxxxx, its duly authorized agent; (the State and LAEP are collectively referred to as the “Parties” and singularly referred to as a “Party”).
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Related to EFFECT; LIABILITY; INDEMNIFICATION; CHOICE OF LAW; JURISDICTION

  • Choice of Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the principles of conflict of laws. The parties further agree that any action between them shall be heard in New York County, New York, and expressly consent to the jurisdiction and venue of the Supreme Court of New York, sitting in New York County, New York and the United States District Court of the Southern District of New York, sitting in New York, New York, for the adjudication of any civil action asserted pursuant to this Agreement.

  • Limitation of Liability; Jury Trial Waiver You agree that neither DES nor any of its employees, officers, directors, affiliates, agents, or subcontractors of any type or tier (collectively, the DES Parties) will be liable for any damages or claims of any kind or nature for matters within the control of your DSP or the retail transmission organization controlling the electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. The DES Parties will not be responsible for any failure to commence or terminate power and energy service on the date specified herein due to any failure or delay in enrolling you with the DSP. The DES Parties’ liability will be limited to direct actual damages only up to the amount of your single largest monthly invoice for Retail Power during the preceding 12 months. In no event will the DES Parties be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Agreement. BOTH YOU AND DES AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

  • CHOICE OF LAW, JURISDICTION, AND VENUE Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

  • CHOICE OF LAW AND FORUM This contract shall be deemed made in Durham County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the North Carolina General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section.

  • Choice of Law and Jurisdiction California law, without regard to its choice-of-law provisions, governs this Agreement. The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Jurisdiction for any legal action arising from this Agreement shall exclusively reside in state or federal courts located in California, and the parties hereby consent to the jurisdiction of such courts.

  • CHOICE OF LAW & FORUM The state courts of Wisconsin shall be the sole forum for all disputes arising of this Contract. The validity, construction, enforcement and effect of this Contract shall be governed solely by the laws of the State of Wisconsin.

  • CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Xxxxxx County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

  • Governing Law; Consent to Jurisdiction; Waiver of Jury Trial This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York without regard to the choice of law principles thereof. Each of the parties hereto irrevocably submits to the exclusive jurisdiction of the courts of the State of New York located in New York County and the United States District Court for the Southern District of New York for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. Service of process in connection with any such suit, action or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement. Each of the parties hereto irrevocably consents to the jurisdiction of any such court in any such suit, action or proceeding and to the laying of venue in such court. Each party hereto irrevocably waives any objection to the laying of venue of any such suit, action or proceeding brought in such courts and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT AND REPRESENTS THAT COUNSEL HAS BEEN CONSULTED SPECIFICALLY AS TO THIS WAIVER.

  • Binding Effect; Choice of Law This Lease shall be binding upon the parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located.

  • Governing Law Jurisdiction Etc (a) GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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