Federal Court Jurisdiction Sample Clauses

Federal Court Jurisdiction. 4.3.1 As required under 23 U.S.C. 327(c)(3)(B) and authorized by Arizona Statute § 28- 334(C), ADOT hereby expressly consents, on behalf of the State of Arizona, to accept the jurisdiction of the Federal courts in cases that involve the compliance, discharge, and enforcement of any responsibility of the DOT Secretary assumed by ADOT under Part 3 of this MOU. The consent to Federal court jurisdiction shall remain valid after termination of this MOU, or FHWA’s withdrawal of assignment of the DOT Secretary's responsibilities, for any decision or approval made by ADOT pursuant to an assumption of responsibility under this MOU. ADOT understands and agrees that, in accordance with 23 U.S.C. 327(d)(1), the United States district court shall have exclusive jurisdiction over any civil action against the State of Arizona alleging a failure to carry out any responsibility assumed under this MOU, which constitutes a limited waiver of the State of Arizona’s immunity under the Eleventh Amendment to the U.S. Constitution.
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Federal Court Jurisdiction. 4.3.1 As required under 23 U.S.C. 327(c)(3)(B), and authorized by Alaska Statute 44.23.020(g), DOT&PF hereby expressly consents, on behalf of the State of Alaska, to accept the jurisdiction of the Federal courts in cases that involve the compliance, discharge, and enforcement of any responsibility of the USDOT Secretary assumed by DOT&PF under Part 3 of this MOU. The consent to Federal court jurisdiction shall remain valid after termination of this MOU, or FHWA's withdrawal of assignment of the USDOT Secretary's responsibilities, for any decision or approval made by DOT&PF pursuant to an assumption of responsibility under this MOU. The DOT&PF understands and agrees that, in accordance with 23 U.S.C. 327, the United States district court shall have exclusive jurisdiction over any civil action against the State of Alaska alleging a failure to carry out any responsibility assumed under this MOU, which constitutes a limited waiver of the State of Alaska's immunity under the Eleventh Amendment to the U.S. Constitution.
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Federal Court Jurisdiction. 4.3.1 As provided at 23 U.S.C. 327(c)(3)(B), and pursuant to Ohio Revised Code 5531.30(B), ODOT hereby expressly consents, on behalf of the State of Ohio, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the USDOT Secretary assumed by ODOT under this MOU. This consent to Federal court jurisdiction shall remain valid after termination of this MOU, or FRA's withdrawal of assignment of the USDOT Secretary's responsibilities for any decision or approval made by ODOT pursuant to an assumption of responsibility under this MOU. XXXX understands and agrees that, in accordance with 23 U.S.C. 327, this acceptance constitutes a waiver of the State of Ohio's immunity under the Eleventh Amendment to the U.S. Constitution for the limited purposes of carrying out the USDOT Secretary's responsibilities that have been assumed under this MOU.
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Federal Court Jurisdiction. 4.3.1 As provided at 23 U.S.C. 327(c)(3)(B), the State of California hereby consents to, and accepts, the exclusive jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibilities of the USDOT Secretary assumed by Caltrans under this MOU. This consent to Federal court jurisdiction shall remain valid after termination of this MOU, or the FHWA’s withdrawal of assignment of the USDOT Secretary’s responsibilities, for any decision or approval made by Caltrans pursuant to an assumption of responsibility under this MOU. The State of California understands and agrees that this acceptance constitutes a waiver of the State’s immunity under the Eleventh Amendment to the U.S. Constitution for the limited purposes of addressing matters arising out of this MOU and carrying out the USDOT Secretary’s responsibilities that have been assumed under this MOU.
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Federal Court Jurisdiction. That the federal courts shall have jurisdiction to enforce the provisions of this Compact and to hear appeals from and enforce decisions of the Compact Board in accordance with Section F.7., of Article IV.
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Federal Court Jurisdiction. 4.3.1 As provided at 23 U.S.C. 327(c)(3)(B), and pursuant to Section 201.6035 of Title 6 of the Texas Transportation Code, TxDOT hereby expressly consents, on behalf of the State of Texas, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the USDOT Secretary assumed by TxDOT under this MOU. This consent to Federal court jurisdiction shall remain valid after termination of this MOU, or FHWA’s withdrawal of assignment of the USDOT Secretary’s responsibilities for any decision or approval made by TxDOT pursuant to an assumption of responsibility under this MOU. TxDOT understands and agrees that, in accordance with 23 U.S.C. 327, this acceptance constitutes a waiver of the State of Texas’s immunity under the Eleventh Amendment to the U.S. Constitution for the limited purposes of carrying out the USDOT Secretary’s responsibilities that have been assumed under this MOU.
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Federal Court Jurisdiction. 4.3.1 As provided at 23 U.S.C. 327(c)(3)(B), and pursuant to Section 820.1 of the California Streets and Highways Code, the State of California hereby consents to, and accepts, the exclusive jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibilities of the USDOT Secretary assumed by Caltrans under this MOU. This consent to Federal court jurisdiction shall remain valid after termination of this MOU, or FHWA’s withdrawal of assignment of the USDOT Secretary’s responsibilities, for any decision or approval made by Caltrans pursuant to an assumption of responsibility under this MOU. The State of California understands and agrees that this acceptance constitutes a waiver of the State’s immunity under the Eleventh Amendment to the U.S. Constitution for the limited purposes of addressing matters arising out of this MOU and carrying out the USDOT Secretary’s responsibilities that have been assumed under this MOU.
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Federal Court Jurisdiction. 4.3.1 As provided under 23 U.S.C. § 327(c)(3)(B), and authorized by Chapter 2016-181, Laws of Florida, codified as section 334.044(34), Florida Statutes, FDOT hereby expressly consents, on behalf of the State of Florida, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the USDOT Secretary assumed by FDOT under this MOU. This consent to Federal court jurisdiction shall remain valid after termination of this MOU or FHWA’s withdrawal of assignment of the USDOT Secretary's responsibilities for any decision or approval made by FDOT pursuant to an assumption of responsibility under this MOU. FDOT understands and agrees that, in accordance with 23 U.S.C. § 327, this acceptance constitutes a waiver of the State of Florida's immunity under the Eleventh Amendment to the U.S. Constitution for the limited purposes of carrying out the USDOT Secretary's and FHWA’s responsibilities that have been assumed under this MOU.
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Related to Federal Court Jurisdiction

  • Court of Jurisdiction Both DBS and the Member agree that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance in any dispute and/ or legal action relating to the rights and obligations under this Agreement or an Individual Contract.

  • Jurisdiction; Venue In the event that any action is brought to enforce any provision of this Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington.

  • WORK JURISDICTION Par. 1. It is agreed by the parties to this Agreement that all work specified in Article IV shall be performed exclusively by Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company. (a) The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a fork lift or truck mounted swing boom may be used by the Elevator Constructors. A xxxxxxx, xxxxx or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local's Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director. (b) The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Xxxxxx, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems. (c) It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following: 1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned. 2. Balustrade brackets may be shipped attached but not aligned. 3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics either before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators shall be performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics. (d) All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto. (e) The erecting of all guide rails. (f) The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below. (g) The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment. (h) The setting of all templates. (i) All foundations, either of wood or metal, that should take the place of masonry. (j) The assembly of all cabs complete. (k) The installation of all indicators. (1) The erecting of all electrical or mechanical automatic or semi-automatic gates complete.

  • Courts If a Dispute is still unresolved following ten (10) Business Days after the Disputing Members attempted in good faith to resolve the Dispute in accordance with Section 11.02, then any of such Disputing Members may submit such Dispute to the Court of Chancery of the State of Delaware or, in the event that such Court does not have jurisdiction over the subject matter of such dispute, to another court of the State of Delaware or a U.S. federal court located in the State of Delaware (collectively, “Delaware Courts”). Each of the Members irrevocably submits to the exclusive jurisdiction of, and agrees not to commence any action, suit, or proceeding relating to a Dispute except in, the Delaware Courts and hereby consents to service of process in any such Dispute by the delivery of such process to such party at the address and in the manner provided in Section 13.01. Each of the Members hereby irrevocably and unconditionally waives any objection to the laying of venue in any Dispute in the Delaware Courts and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any action, suit, or proceeding brought in any such court has been brought in an inconvenient forum. EACH MEMBER IRREVOCABLY WAIVES, to the fullest extent permitted by applicable law, any right it may have to a TRIAL BY JURY IN ANY ACTION, suit, OR PROCEEDING arising out of, relating to or otherwise WITH RESPECT TO THIS AGREEMENT or any transaction contemplated hereby.

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