Common use of Jurisdiction and Waiver of Jury Trial Clause in Contracts

Jurisdiction and Waiver of Jury Trial. This Security Agreement and each Note shall be deemed to have been made under and shall be governed by the laws of the State of California in all respects, including matters of construction, validity and performance. At Lender's sole discretion, option and election, jurisdiction and venue for any legal action between the parties arising out of or relating to this Security Agreement or any Note shall be in the Superior Court of Marin County, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located in San Francisco, California. BORROWER, TO THE EXTENT IT MAY LAWFULLY DO SO, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS SECURITY AGREEMENT, ANY NOTE, ANY SECURITY DOCUMENTS, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH.

Appears in 6 contracts

Samples: Senior Loan and Security Agreement (Cybergold Inc), Senior Loan and Security Agreement (Resourcephoenix Com), Senior Loan and Security Agreement (Egain Communications Corp)

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Jurisdiction and Waiver of Jury Trial. This Security Agreement and each Note shall be deemed to have been made under and shall be governed by the laws of the State of California in all respects, including matters of construction, validity and performance. At Lender's sole discretion, option and election, jurisdiction and venue for any legal action between the parties arising out of or relating to this Security Agreement or any Note shall be in the Superior Court of Marin CountyMann Xxxnty, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located in San Francisco, California. BORROWER, TO THE EXTENT IT MAY LAWFULLY DO SO, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS SECURITY AGREEMENT, ANY NOTE, ANY SECURITY DOCUMENTS, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH.

Appears in 1 contract

Samples: Senior Loan and Security Agreement (Xcyte Therapies Inc)

Jurisdiction and Waiver of Jury Trial. This Security Agreement and each Note shall be deemed to have been made under and shall be governed by the laws of the State of California in all respects, including matters of construction, validity and performance. At Lender's ’s sole discretion, option and election, jurisdiction and venue for any legal action between the parties arising out of or relating to this Security Agreement or any Note shall be in the Superior Court of Marin Xxxx County, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located in San Francisco, California. BORROWER, TO THE EXTENT IT MAY LAWFULLY DO SO, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS SECURITY AGREEMENT, ANY NOTE, ANY SECURITY DOCUMENTS, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH.

Appears in 1 contract

Samples: Senior Loan and Security Agreement (Xcyte Therapies Inc)

Jurisdiction and Waiver of Jury Trial. This Security Agreement and each Note shall be deemed to have been made under and the Notes shall be governed by and construed under the laws of the State of California in all respectsCalifornia, including matters excluding principles of construction, validity and performanceconflicts of laws. At Lender's sole discretion, option and election, It is agreed that exclusive jurisdiction and venue for any legal action between the parties arising out of or relating to this Security Agreement or any a Note shall be in the Superior Court of for Marin County, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located situated in San Francisco, California. BORROWER, BORROWER TO THE EXTENT IT MAY LAWFULLY DO SO, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS SECURITY AGREEMENT, ANY PROMISSORY NOTE, ANY SECURITY DOCUMENTS, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH.

Appears in 1 contract

Samples: Senior Loan and Security Agreement (Latitude Communications Inc)

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Jurisdiction and Waiver of Jury Trial. This Security Agreement and each Note shall be deemed to have been made under and shall be governed by the laws of the State of California in all respects, including matters maters of construction, validity and performance. At Lender's sole discretion, option and election, jurisdiction and venue for any my legal action between the parties panics arising out of or relating to this Security Agreement or any Note shall be in the Superior Court of Marin County, California, or, in cases where federal diversity jurisdiction is available, in the United States District Court for the Northern District of California located in San Francisco, California. BORROWERBORROWER AND LENDER, TO THE EXTENT IT EACH MAY LAWFULLY DO SO, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS SECURITY AGREEMENT, ANY NOTE, ANY SECURITY DOCUMENTS, OR ANY OTHER AGREEMENTS EXECUTED IN CONNECTION HEREWITH.

Appears in 1 contract

Samples: Senior Loan and Security Agreement (Pointshare Corp)

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