Governing Law, Remedies, Venue and Jurisdiction, Mediation Sample Clauses

Governing Law, Remedies, Venue and Jurisdiction, Mediation. This Agreement shall be governed exclusively by the Laws of the State of Texas, and any actions, claims or proceedings shall be subject to the exclusive venue and jurisdiction of the state and Federal Courts in Texas. The Parties hereby waive any right to a jury trial. In the event of a default by either Party, the other Party’s sole remedy shall be to enforce the terms of this Agreement. In the event a Party to this Agreement must institute suit or a cause of action to enforce the terms of this Agreement, the prevailing party will be entitled to fees and costs, including reasonable attorney’s fees. This shall also include any attorney’s fees required for the purposes of executing and collecting on the amounts due pursuant to any judgment and through all levels of appeals. As a pre-condition to either Party instituting a suit against the other Party, the Parties shall withhold filing suit for a period of ninety (90) days, during which the Parties shall attempt to negotiate their differences, and if negotiations shall fail, then either Party may require the other Party to participate in mediation before a mutually agreed-upon mediator. If the parties are unable to agree upon a mediator in fifteen (15) days, then either Party may petition a federal district court in Texas to appoint a mediator. Only if the mediator subsequently declared an impasse may a Party go forward with its lawsuit against the other Party. In the case applications to a federal district court for extraordinary relief, such as temporary restraining order, the Parties shall participate in mediation prior to a hearing on the temporary injunction.
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  • Governing Law; Jurisdiction and Venue THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAW PRINCIPLES OF SUCH STATE. THE PARTIES HERETO IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL COURTS LOCATED IN NEW YORK CITY. THE FUND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY ACTION OR PROCEEDING IN ANY OF THE AFORESAID COURTS AND ANY CLAIM THAT ANY SUCH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. FURTHERMORE, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY RIGHT THAT IT MAY HAVE TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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