Common use of Enforcement of the Note Clause in Contracts

Enforcement of the Note. Maker agrees that the Superior Court in and for the County of New York, New York shall have exclusive jurisdiction over any disputes, between the Maker and Holder and any action, suit or other proceeding brought by Maker or Holder relating to the interpretation or enforcement of this Note, and Maker agrees as follows: (a) Maker shall accept and not contest the personal or subject matter jurisdiction of such Court; (b) Maker shall accept and not object to or challenge the venue of such Court or assert the doctrine of forum non conveniens with respect to such Court; (c) Maker shall accept and not contest the validity or effectiveness of service of process in any such action, suit or other proceeding by registered or certified first class mail; and (d) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKER WAIVES AND SHALL WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING BROUGHT WITH RESPECT TO THIS NOTE OR ITS ENFORCEMENT OR INTERPRETATION. If Maker fails to pay any amounts due hereunder when due, then Maker shall pay all costs of enforcement and collection, including, without limitation, reasonable attorneys’ fees and costs incurred by Xxxxxx, whether or not enforcement and collection includes the filing of a lawsuit, and whether or not that lawsuit is prosecuted to judgment. The costs of enforcement and collection shall be added to the principal amount of the Note and shall accrue interest at the Default Rate from the Date incurred until the date paid by Maker.

Enforcement of the Note. Maker agrees and Payee hereby irrevocably agree that the Superior Court state and federal courts in and for the County of New YorkLos Angeles, New York California shall have exclusive jurisdiction over any disputes, between the Maker and Holder Payee and any action, suit or other proceeding brought by Maker or Holder Payee relating to the interpretation or enforcement of this Note, and Maker each of the parties further agrees as follows: : (ai) Maker such party shall accept and not contest the personal or subject matter jurisdiction of such Court; (bii) Maker such party shall accept and not object to or challenge the venue of such Court or assert the doctrine of ‘forum non conveniens conveniens’ with respect to such Court; (ciii) Maker such party shall accept and not contest the validity or effectiveness of service of process in any such action, suit or other proceeding by registered or certified first class mailmail sent to Maker, Payee and their respective counsel; and (div) TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKER SUCH PARTY WAIVES AND SHALL WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER PROCEEDING BROUGHT WITH RESPECT TO THIS NOTE OR ITS ENFORCEMENT OR INTERPRETATION. If Maker fails to pay any amounts due hereunder when duean Event of Default occurs under this Note or under the security interest granted herein, then Maker shall pay all costs of enforcement and collection, including, without limitation, reasonable attorneys’ fees and costs incurred by XxxxxxPayee, whether or not enforcement and collection includes the filing of a lawsuit, and whether or not that lawsuit is prosecuted to judgment. The costs of enforcement and collection shall be added to the principal amount of the Note and shall accrue interest at the Default Rate from the Date date incurred until by Payee to the date paid by Maker. In the event that Maker prevails with respect to any litigation concerning this Note or the security interest granted herein, Payee shall pay Maker’s related reasonable attorneys fees and costs.