Common use of JURISDICTION AND VENUE; WAIVER OF JURY TRIAL; MEDIATION Clause in Contracts

JURISDICTION AND VENUE; WAIVER OF JURY TRIAL; MEDIATION. Assignee and Assignor hereby consent to the jurisdiction of any state or federal court located within Dallas County, Texas, waive personal service of any and all process upon them, consent to service of process by registered mail directed to the defendant party at the address stated in Section 25 above, and acknowledges that service so made shall be deemed to be completed upon actual receipt thereof. In addition, Assignee and Assignor consent and agree that venue of any action instituted under this Agreement shall be proper in Dallas County, Texas, and hereby waive any objection to venue. This Agreement is and shall be performed in Dallas County, Texas. Both Assignor and Assignee waive any rights they may have to a jury trial for disputes arising hereunder, and both parties agree to submit any disputes hereunder to non-binding mediation prior to the institution of a lawsuit.

Appears in 3 contracts

Samples: Sale and Assignment Agreement (Amresco Capital Trust), Sale and Assignment Agreement (Amresco Capital Trust), Sale and Assignment Agreement (Amresco Capital Trust)

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JURISDICTION AND VENUE; WAIVER OF JURY TRIAL; MEDIATION. Assignee AMREIT and Assignor ACFI hereby consent to the jurisdiction of any state or federal court located within Dallas County, Texas, waive personal service of any and all process upon them, consent to service of process by registered mail directed to the defendant party at the address stated in Section 25 14 above, and acknowledges that service so made shall be deemed to be completed upon actual receipt thereof. In addition, Assignee AMREIT and Assignor ACFI consent and agree that venue of any action instituted under this Agreement shall be proper in Dallas County, Texas, and hereby waive any objection to venue. This Agreement is and shall be performed in Dallas County, Texas. Both Assignor ACFI and Assignee AMREIT waive any rights they may have to a jury trial for disputes arising hereunder, and both parties agree to submit any disputes hereunder to non-binding mediation prior to the institution of a lawsuit.

Appears in 1 contract

Samples: Economics Equivalents and Funding Agreement (Amresco Capital Trust)

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