Judicial Proceeding. Each party consents to the exclusive jurisdiction ------------------- over it of the courts of the State of Illinois and of the United States District Courts sitting in Chicago, Illinois for the purpose of any action, claim or cause of action arising our of or based upon this Agreement or relating to the subject matter hereof and agrees that personal service of process may be made by registered or certified mail pursuant to the provisions of Article 11.9. Each party to this Agreement hereby (i) waives, to the extent not prohibited by applicable law, and agrees not to assert, any claim that it is not subject personally to the jurisdiction of the above-named courts, any action brought in any such court is improper or that this Agreement or the subject matter may not be enforced in or by any such court, and (ii) agrees not to commence or maintain any action, claim or cause of action arising out of or based upon this Agreement or relating to the subject matter other than before on the above-named courts nor make any motion or take any other action seeking to cause the transfer or removal of any such action, claim or cause of action to any court other than one of the above-named courts.
Judicial Proceeding. The parties agree that the only circumstances in which the parties may initiate judicial proceedings under this Agreement are to obtain injunctive relief under Section 17.3 of this Agreement or to enforce this Article 22. In any judicial proceeding to enforce this Article 22, the only issues to be determined will be the existence of an agreement to arbitrate and the failure of a party to comply with such agreement, and those issues will be determined summarily by the court without a jury.
Judicial Proceeding. The parties shall give each other immediate notice of any attachment or other judicial process affecting the Conveyed Rights.
Judicial Proceeding. If any judicial proceeding is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and expenses in addition to any other relief to which such party is entitled.
Judicial Proceeding. The parties agree that New York has a substantial relationship to the Distributions, and each party consents to personal jurisdiction in the courts of New York and further agree that all claims or controversies between the parties arising out of or relating to this Agreement, other than those provided for in Section 7.1, shall be finally determined by the federal and state courts sitting in New York, New York.
Judicial Proceeding. 13.3.1) If a dispute is not resolved by negotiations or mediation, either of the Parties may demand that the dispute be resolved with final effect before Norwegian courts.
Judicial Proceeding. In the event the Parties do not agree to or cannot resolve such dispute through mediation as provided in Section 8.1, either Party may commence a judicial proceeding in a court having jurisdiction over the parties located in Middlesex County, Connecticut to obtain the appropriate relief. All provisions of Article VIII shall survive Closing.
Judicial Proceeding. Each of the parties irrevocably agrees that all actions or proceedings relating to this Agreement (whether to enforce a right or obligation or obtain a remedy or otherwise) will be brought solely in the federal district court for the Northern District of Georgia, or if its subject matter jurisdiction requirements are not met, any Georgia state court sitting in Fulton County or any court of the United States located in the state of Georgia. Each party hereby unconditionally and irrevocably (a) consents to such exclusive jurisdiction and venue, (b) waives its rights to bring any action or proceeding against the other party except in such court, and (c) waives, and agrees not to use as a defense, any claim that any such forum is an inconvenient forum. Service of process in any judicial proceeding, legal or equitable, brought against any party and involving this Agreement may be made either by (i) providing a copy of such process in accordance with Section 9.10 or (ii) by providing a copy of such process in accordance with Applicable Law. Section 9.9
Judicial Proceeding. The proceedings for disputes settlement shall take place in Shanghai. The cost of judicial proceeding shall be borne by the losing party including but not limited to attorney fees.
Judicial Proceeding. If Franchisee or any of his/its agents, representatives, or employees, becomes legally compelled to disclose any of the Information, Franchisee will provide PTI with prompt notice so that PTI may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If such protective order or other remedy is not obtained, or if PTI waives compliance with the provisions of this Agreement, Franchisee will furnish only that portion of the Information which Franchisee is advised by opinion of counsel is legally required and will exercise its best efforts to obtain reliable assurance that confidential treatment will be accorded the Information.
