Governing Law and Forums. THIS CONTRACT IS GOVERNED BY THE LAWS AND STATUTES OF THE STATE OF NEW YORK, EXCLUSIVE OF NEW YORK'S CONFLICT OF LAWS RULES. THIS CONTRACT AND THE WORK WILL BE DEEMED TO BE MADE, EXECUTED AND PERFORMED IN THE STATE OF NEW YORK. IF ONE PARTY COMMENCES A LAWSUIT IN RELATION TO THIS CONTRACT AGAINST THE OTHER PARTY, SUCH LAWSUIT CAN ONLY BE BROUGHT IN THE STATE OF MISSOURI OR DELAWARE. THE PARTIES HEREBY WAIVE A TRIAL BY JURY IN ANY SUCH LAWSUIT. THE VENDOR AND THE OWNER EACH HEREBY IRREVOCABLY (A) AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT WILL BE BROUGHT IN THE FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI, OR IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF DELAWARE, WHICH COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY CONTROVERSY ARISING OUT OF THIS CONTRACT, (B) CONSENTS TO THE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION OR PROCEEDING AND (C) WAIVES ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN SUCH COURTS AND CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. SERVICE OF PROCESS IN ANY SUIT, ACTION OR PROCEEDING MAY BE MADE BY MAILING OR DELIVERING A COPY OF SUCH PROCESS TO THE OWNER OR THE VENDOR, AS THE CASE MAY BE, AT THE ADDRESSES INDICATED IN SUBSECTION 27.6 HEREOF AND IN THE MANNER SET FORTH IN SUCH SUBSECTION 27.6. NOTHING IN THIS SUBSECTION 27.7 WILL AFFECT THE RIGHT OF THE OWNER OR THE VENDOR TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.
Appears in 5 contracts
Samples: Procurement and Services Contract (Sprint Spectrum L P), Procurement and Services Contract (Sprint Spectrum Finance Corp), Procurement and Services Contract (Sprint Spectrum Finance Corp)
Governing Law and Forums. THIS CONTRACT AGREEMENT IS GOVERNED BY THE LAWS AND STATUTES LAW OF THE STATE OF NEW YORK, EXCLUSIVE OF YORK PERTAINING TO CONTRACTS AND AGREEMENTS MADE AND/OR PERFORMED IN NEW YORK'S CONFLICT OF LAWS RULES. THIS CONTRACT AGREEMENT AND THE WORK TO BE PERFORMED HEREUNDER WILL BE DEEMED TO BE MADE, EXECUTED AND PERFORMED IN THE STATE OF NEW YORK. IF ONE PARTY COMMENCES A LAWSUIT IN RELATION TO THIS CONTRACT AGAINST THE OTHER PARTY, SUCH LAWSUIT CAN ONLY BE BROUGHT IN THE STATE OF MISSOURI OR DELAWARE. THE PARTIES HEREBY WAIVE A TRIAL BY JURY IN ANY SUCH LAWSUIT. THE VENDOR AND THE OWNER EACH HEREBY IRREVOCABLY (A) AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT WILL AGREEMENT MUST BE BROUGHT IN THE FEDERAL UNITED STATES DISTRICT COURT FOR THE WESTERN SOUTHERN DISTRICT OF MISSOURI, OR IN THE FEDERAL DISTRICT NEW YORK WHICH COURT FOR THE DISTRICT OF DELAWARE, WHICH COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY CONTROVERSY ARISING OUT OF THIS CONTRACTAGREEMENT, (B) CONSENTS TO THE JURISDICTION OF SUCH COURTS COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING AND PROCEEDING, (C) WAIVES ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN SUCH COURTS COURT AND CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUMFORUM AND; (D) WAIVE A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING. SERVICE OF PROCESS IN ANY SUIT, ACTION OR PROCEEDING MAY SHOULD BE DEEMED EFFECTIVE IF MADE BY MAILING OR DELIVERING A COPY OF SUCH PROCESS TO THE OWNER OR THE VENDOR, AS THE CASE MAY BE, AT THE ADDRESSES INDICATED IN SUBSECTION 27.6 11.7 HEREOF AND IN THE MANNER SET FORTH IN SUCH SUBSECTION 27.611.7. NOTHING IN THIS SUBSECTION 27.7 11.12 WILL AFFECT THE RIGHT OF THE OWNER OR THE VENDOR TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.
Appears in 2 contracts
Samples: Purchase and Supply Agreement (Sprint Spectrum L P), Purchase and Supply Agreement (Sprint Spectrum L P)
Governing Law and Forums. THIS CONTRACT AGREEMENT IS GOVERNED BY THE LAWS AND STATUTES LAW OF THE STATE OF NEW YORK, EXCLUSIVE OF NEW YORK'S CONFLICT OF LAWS RULESDELAWARE PERTAINING TO CONTRACTS AND AGREEMENTS MADE AND/OR PERFORMED IN DELAWARE. THIS CONTRACT AND THE WORK AGREEMENT WILL BE DEEMED TO BE MADE, EXECUTED AND PERFORMED IN THE STATE OF NEW YORK. IF ONE PARTY COMMENCES A LAWSUIT IN RELATION TO THIS CONTRACT AGAINST THE OTHER PARTY, SUCH LAWSUIT CAN ONLY BE BROUGHT IN THE STATE OF MISSOURI OR DELAWARE. THE PARTIES HEREBY WAIVE A TRIAL BY JURY IN ANY SUCH LAWSUIT. THE VENDOR NEOPOINT AND THE OWNER SPRINT SPECTRUM EACH HEREBY IRREVOCABLY (A) AGREES THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT WILL AGREEMENT MUST BE BROUGHT IN THE FEDERAL DISTRICT OR STATE COURTS OF DENVER, COLORADO WHICH COURT FOR THE WESTERN DISTRICT OF MISSOURI, OR IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF DELAWARE, WHICH COURTS WILL HAVE EXCLUSIVE JURISDICTION OVER ANY CONTROVERSY ARISING OUT OF THIS CONTRACTAGREEMENT, (B) CONSENTS TO THE JURISDICTION OF SUCH COURTS COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING AND PROCEEDING, (C) WAIVES ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN SUCH COURTS COURT AND CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUMFORUM AND; (D) WAIVE A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING. SERVICE OF PROCESS IN ANY SUIT, ACTION OR PROCEEDING MAY SHOULD BE DEEMED EFFECTIVE IF MADE BY MAILING OR DELIVERING A COPY OF SUCH PROCESS TO THE OWNER SPRINT SPECTRUM OR THE VENDORNEOPOINT, AS THE CASE MAY BE, AT THE ADDRESSES INDICATED IN SUBSECTION 27.6 14.7 HEREOF AND IN THE MANNER SET FORTH IN SUCH SUBSECTION 27.614.7. NOTHING IN THIS SUBSECTION 27.7 14.10 WILL AFFECT THE RIGHT OF THE OWNER SPRINT SPECTRUM OR THE VENDOR NEOPOINT TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW.
Appears in 1 contract
Samples: PCS Subscriber Unit Supply Agreement (Neopoint Inc)