Common use of Governing Law and Waiver Clause in Contracts

Governing Law and Waiver. The provisions of this Security Agreement shall be governed by, and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to applicable conflict of law principles. Grantor consents to the non-exclusive jurisdiction of the courts of the Province of Alberta in connection with the resolution of any disputes relating to this Security Agreement or any other Agreement or document executed or delivered hereunder. Grantor irrevocably waives any objection, including any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding with respect to this Agreement. Grantor hereby waives personal service of any and all process upon it and consents that all such service of process may be made by registered mail (return receipt requested) directed to the Grantor and service so made shall be deemed to be completed five (5) days after the same shall have been mailed. Nothing contained herein shall affect the right of lender to serve legal process by any other manner permitted by law. The parties hereto hereby waive trial by jury (if applicable) in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity with respect to, in connection with, or arising out of this Security Agreement, other financing agreements, the obligations of Grantor and Grantor, the collateral, or any instrument, document or guarantee delivered pursuant hereto or to any of the foregoing, or the validity, protection, interpretation, administration, collection or enforcement hereof or thereof, or any other claim or dispute hereunder or thereunder. Grantor agrees that it will not assert against lender any claim for consequential, incidental, special, or punitive damages in connection with this Security Agreement or the transactions contemplated hereby or thereby. No officer of lender has authority to waive, condition, or modify this provision.

Appears in 2 contracts

Samples: Loan and Security Agreement (Anthony Clark International Insurance Brokers LTD), General Security Agreement (Anthony Clark International Insurance Brokers LTD)

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Governing Law and Waiver. The provisions of this Security Agreement shall be governed by, and construed in accordance with, the laws of the Province of Alberta Ontario and the federal laws of Canada applicable therein, without reference to applicable conflict of law principles. Grantor Debtor consents to the non-exclusive jurisdiction of the Ontario courts of the Province of Alberta in connection with the resolution of any disputes relating to this Security Agreement or any other Agreement or document executed or delivered hereunder. Grantor Debtor irrevocably waives any objection, including any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding with respect to this Agreement. Grantor Debtor hereby waives personal service of any and all process upon it and consents that all such service of process may be made by registered mail (return receipt requested) directed to the Grantor Borrower and service so made shall be deemed to be completed five (5) days after the same shall have been mailedso deposited in the Canadian mails. Nothing contained herein shall affect the right of lender the Lender to serve legal process by any other manner permitted by law. The parties hereto hereby waive trial by jury (if applicable) in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity with respect to, in connection with, or arising out of this Security Agreement, other financing agreements, the obligations of Grantor Borrower and GrantorDebtor, the collateral, or any instrument, document or guarantee delivered pursuant hereto or to any of the foregoing, or the validity, protection, interpretation, administration, collection or enforcement hereof or thereof, or any other claim or dispute hereunder or thereunder. Grantor agrees that it will not assert against lender any claim In no event shall the Lender be liable for consequential, incidental, special, lost profits or punitive damages in connection with this Security Agreement other special or the transactions contemplated hereby or therebyconsequential damages. No officer of lender the Lender has authority to waive, condition, or modify this provision.

Appears in 1 contract

Samples: General Security Agreement (Tarpon Industries, Inc.)

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Governing Law and Waiver. The provisions of this Security Agreement shall be governed by, and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to applicable conflict of law principles. Grantor consents to the non-exclusive jurisdiction of the courts of the Province of Alberta in connection with the resolution of any disputes relating to this Security Agreement or any other Agreement or document executed or delivered hereunder. Grantor irrevocably waives any objection, including any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding with respect to this Agreement. Grantor hereby waives personal service of any and all process upon it and consents that tat all such service of process may be made by registered mail (return receipt requested) directed to the Grantor and service so made shall be deemed to be completed five (5) days after the same shall have been mailed. Nothing contained herein shall affect the right of lender to serve legal process by any other manner permitted by law. The parties hereto hereby waive trial by jury (if applicable) in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity with respect to, in connection with, or arising out of this Security Agreement, other financing agreements, the obligations of Grantor and Grantor, the collateral, or any instrument, document or guarantee delivered pursuant hereto or to any of the foregoing, or the validity, protection, interpretation, administration, collection or enforcement hereof or thereof, or any other claim or dispute hereunder or thereunder. Grantor agrees that it will not assert against lender any claim for consequential, incidental, special, or punitive damages in connection with this Security Agreement or the transactions contemplated hereby or thereby. No officer of lender has authority to waive, condition, or modify this provision.

Appears in 1 contract

Samples: Credit Agreement (Anthony Clark International Insurance Brokers LTD)

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