Common use of Exclusive Jurisdiction; Waiver of Jury Trial Clause in Contracts

Exclusive Jurisdiction; Waiver of Jury Trial. (i) Subject to Section 15(e)(ii) below, the state and federal courts located in Xxxxx County, Florida (collectively, the “Designated Courts”) shall have exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with the Agreement and, by execution and delivery of the Agreement, each of Licensee and Club submit to the exclusive jurisdiction of the Designated Courts, including the in personam jurisdiction of those Designated Courts, waives any objection to such jurisdiction on the grounds of venue or forum non conveniens or the absence of in personam jurisdiction and any similar grounds, consents to service of process by mail (in accordance with Section 15(a) or any other manner permitted by applicable laws, rules and legal requirements), and irrevocably agrees to be bound by any judgment rendered thereby, subject to all applicable rights of appeal. So far as permitted under applicable laws, rules and legal requirements, this consent to personal jurisdiction shall be self-operative and no further instrument or action, other than service of process in the manner specified in this Section 15(e) or as otherwise permitted by applicable laws, rules and legal requirements, shall be necessary in order to confer personal jurisdiction over Licensee or Club in any of the Designated Courts. Each party agrees that any final judgment against it from which it has not or may not appeal or further appeal in any suit, action or proceeding brought in a Designated Court of competent subject matter jurisdiction may, so far as permitted under law, be enforced in the courts of any jurisdiction of which such party is subject by a suit upon such judgment. Service of process upon a party shall be sufficient if made by delivery of service to the chief executive officer or president of that entity. Nothing in this Section 15(e) shall affect the right of any party to serve legal process in any other manner sufficient under applicable laws, rules and legal requirements. Each party further agrees that it shall not commence any legal action against any other party relating to or arising under the Agreement in any court that is not one of the Designated Courts, unless the Designated Courts shall have determined that they lack subject matter jurisdiction to hear such action. LICENSEE AND CLUB EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, RULES AND LEGAL REQUIREMENTS, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Exclusive Jurisdiction; Waiver of Jury Trial. (a) Each of the Parties irrevocably agrees that any legal action or proceeding with respect to this Agreement, including any non-contractual claims, and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other Party hereto or its successors or permitted assigns shall be brought and determined exclusively in a federal court located in the Borough of Manhattan, City of New York, or, if not able to be brought in such court, a state court located in the Borough of Manhattan, City of New York (provided that any Party may also bring any application or proceedings for injunctive, protective, interim and/or ancillary relief in the courts of the British Virgin Islands). Each of the Parties hereby irrevocably submits with regard to any such action or proceeding for itself and in respect of its property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that it will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any court other than the aforesaid courts. Each of the Parties hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above named courts for any reason other than the failure to serve in accordance with this Section 9.5, (b) any claim that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (c) to the fullest extent permitted by the applicable Law, any claim that (i) Subject to Section 15(e)(ii) below, the state and federal courts located in Xxxxx County, Florida (collectively, the “Designated Courts”) shall have exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with the Agreement and, by execution and delivery of the Agreement, each of Licensee and Club submit to the exclusive jurisdiction of the Designated Courts, including the in personam jurisdiction of those Designated Courts, waives any objection to such jurisdiction on the grounds of venue or forum non conveniens or the absence of in personam jurisdiction and any similar grounds, consents to service of process by mail (in accordance with Section 15(a) or any other manner permitted by applicable laws, rules and legal requirements), and irrevocably agrees to be bound by any judgment rendered thereby, subject to all applicable rights of appeal. So far as permitted under applicable laws, rules and legal requirements, this consent to personal jurisdiction shall be self-operative and no further instrument or action, other than service of process in the manner specified in this Section 15(e) or as otherwise permitted by applicable laws, rules and legal requirements, shall be necessary in order to confer personal jurisdiction over Licensee or Club in any of the Designated Courts. Each party agrees that any final judgment against it from which it has not or may not appeal or further appeal in any suit, action or proceeding in such court is brought in a Designated Court an inconvenient forum, (ii) the venue of competent such suit, action or proceeding is improper or (iii) this Agreement, or the subject matter jurisdiction mayhereof, so far as permitted under law, may not be enforced in the courts of any jurisdiction of which or by such party is subject by a suit upon such judgmentcourts. Service The Parties agree that mailing of process upon a party shall be sufficient if made by delivery of service to or other papers in connection with any such action or proceeding in the chief executive officer manner provided in Section 9.6, or president of that entity. Nothing in this Section 15(e) shall affect the right of any party to serve legal process in any such other manner as may be permitted by applicable Law, will be valid and sufficient under applicable laws, rules and legal requirements. Each party further agrees that it shall not commence any legal action against any other party relating to or arising under the Agreement in any court that is not one of the Designated Courts, unless the Designated Courts shall have determined that they lack subject matter jurisdiction to hear such action. LICENSEE AND CLUB EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, RULES AND LEGAL REQUIREMENTS, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENTservice thereof.

Exclusive Jurisdiction; Waiver of Jury Trial. (i) Subject to Section 15(e)(ii) below, the state and federal courts located in Xxxxx County, Florida (collectively, the “Designated Courts”) shall have exclusive jurisdiction over 5.5.1 Each of the parties with respect to any dispute or controversy between them arising under or in connection with the Agreement and, by execution and delivery of the Agreement, each of Licensee and Club submit hereto irrevocably consents to the exclusive jurisdiction and venue of the Designated CourtsCourt of Chancery in the State of Delaware (or, including to the extent that such court does not have subject matter jurisdiction, the Superior Court of the State of Delaware or, if it has or can acquire jurisdiction, in personam the United States District Court for the District of Delaware), in each case in connection with any Legal Proceeding based upon or arising out of this Agreement, agrees that process may be served upon them in any manner authorized by the laws of the State of Delaware and waives and covenants not to assert or plead any objection which they might otherwise have to such manner of service of process. Each party hereto waives, and shall not assert as a defense in any legal dispute, that: (a) such party is not personally subject to the jurisdiction of those Designated Courtsthe above named courts for any reason; (b) such Legal Proceeding may not be brought or is not maintainable in such court; (c) such party’s property is exempt or immune from execution; (d) such Legal Proceeding is brought in an inconvenient forum; or (e) the venue of such Legal Proceeding is improper. Each party hereby agrees not to commence or prosecute any such Legal Proceeding other than before one of the above-named courts, waives nor to make any objection motion or take any other action seeking or intending to cause the transfer or removal of any such jurisdiction Legal Proceeding to any court other than one of the above-named courts, whether on the grounds of venue inconvenient forum or forum non conveniens or the absence otherwise. Each party hereby consents to service of process in personam jurisdiction any such Legal Proceeding in any manner permitted by Delaware law, and any similar grounds, further consents to service of process by mail (in accordance with nationally recognized overnight courier service guaranteeing overnight delivery, or by registered or certified mail, return receipt requested, at its address specified pursuant to Section 15(a) or any other manner permitted by applicable laws, rules and legal requirements), and irrevocably agrees to be bound by any judgment rendered thereby, subject to all applicable rights of appeal5.11. So far as permitted under applicable laws, rules and legal requirements, this consent to personal jurisdiction shall be self-operative and no further instrument or action, other than service of process in Notwithstanding the manner specified foregoing in this Section 15(e) or as otherwise permitted by applicable laws5.5.1, rules and legal requirements, shall be necessary in order to confer personal jurisdiction over Licensee or Club in any of the Designated Courts. Each party agrees that may commence any final judgment against it from which it has not or may not appeal or further appeal in any suit, action or proceeding brought Legal Proceeding in a Designated Court court other than the above-named courts solely for the purpose of competent subject matter jurisdiction may, so far as permitted under law, be enforced in the courts of any jurisdiction of which such party is subject enforcing an order or judgment issued by a suit upon such judgment. Service of process upon a party shall be sufficient if made by delivery of service to the chief executive officer or president of that entity. Nothing in this Section 15(e) shall affect the right of any party to serve legal process in any other manner sufficient under applicable laws, rules and legal requirements. Each party further agrees that it shall not commence any legal action against any other party relating to or arising under the Agreement in any court that is not one of the Designated Courts, unless the Designated Courts shall have determined that they lack subject matter jurisdiction to hear such action. LICENSEE AND CLUB EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, RULES AND LEGAL REQUIREMENTS, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENTabove-named courts.

Exclusive Jurisdiction; Waiver of Jury Trial. (ia) Subject to Section 15(e)(ii) below, the state and federal courts located in Xxxxx County, Florida (collectively, the “Designated Courts”) shall have exclusive jurisdiction over the parties with respect to any dispute or controversy between them arising under or in connection with the Agreement and, by execution and delivery Each of the AgreementParties hereto hereby irrevocably and unconditionally (a) submits, each of Licensee for itself and Club submit its property, to the exclusive jurisdiction of the Designated CourtsCourt of Chancery of the State of Delaware or, if such court shall not have jurisdiction, any federal court of the United States of America located within the State of Delaware, in any action or proceeding arising out of or relating to this Agreement or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement), or for recognition or enforcement of any judgment, and agrees that all claims in respect of any such action or proceeding shall be heard and determined in the in personam jurisdiction Delaware Court of those Designated CourtsChancery or, waives to the extent required by Applicable Law, the federal court located within the State of Delaware, (b) waives, to the fullest extent it may legally and effectively do so, any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement) in the Delaware Court of Chancery or in any such jurisdiction Federal court, (c) waives, to the fullest extent permitted by Applicable Law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court and (d) agrees that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the grounds judgment or in any other manner provided by Applicable Law. Each of venue the Parties hereto agrees that service of process, summons, notice or forum non conveniens or document by registered mail addressed to it at the absence of in personam jurisdiction and any similar grounds, consents to applicable address set forth below shall be effective service of process by mail (in accordance with Section 15(a) or any other manner permitted by applicable laws, rules and legal requirements), and irrevocably agrees to be bound by any judgment rendered thereby, subject to all applicable rights of appeal. So far as permitted under applicable laws, rules and legal requirements, this consent to personal jurisdiction shall be self-operative and no further instrument or action, other than service of process in the manner specified in this Section 15(e) or as otherwise permitted by applicable laws, rules and legal requirements, shall be necessary in order to confer personal jurisdiction over Licensee or Club in any of the Designated Courts. Each party agrees that any final judgment against it from which it has not or may not appeal or further appeal in for any suit, action or proceeding brought in a Designated Court of competent subject matter jurisdiction may, so far as permitted under law, be enforced in the courts of any jurisdiction of which such party is subject by a suit upon such judgment. Service of process upon a party shall be sufficient if made by delivery of service to the chief executive officer or president of that entity. Nothing in this Section 15(e) shall affect the right of any party to serve legal process in any other manner sufficient under applicable laws, rules and legal requirements. Each party further agrees that it shall not commence any legal action against any other party relating to or arising under the Agreement in any court that is not one of the Designated Courts, unless the Designated Courts shall have determined that they lack subject matter jurisdiction to hear such action. LICENSEE AND CLUB EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, RULES AND LEGAL REQUIREMENTS, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENTcourt.