Common use of Jurisdiction; Consent to Service of Process; Waiver Clause in Contracts

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.6, that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal or state court in the State of New York and solely in connection with such claims, if any, (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties hereto. Each of the Parties hereto knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.6paragraph 21, that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court in the State of New York Texas and solely in connection with such claims, if any, (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 7.2 of the Agreement. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York Texas for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties hereto. Each of the Parties hereto knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties parties hereto agrees, subject to Section 5.612.9, that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court in the State of New York and solely in connection with claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement13.2. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties parties hereto. Each of the Parties parties hereto knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject parties to Section 5.6, this Agreement agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in or contemplated this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal or state court in the Court of Chancery of the State of New York Delaware, or, if as a matter of law exclusive jurisdiction over such action rests in the federal courts, the United States District Court for the District of Delaware, and solely in connection with claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (ia) irrevocably submits to the exclusive jurisdiction of such courts, (iib) waives any objection to laying venue in any such action or proceeding in such courts, (iiic) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (ivd) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement10.2. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York Delaware for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) person other than the Parties heretoparties to this Agreement. Each of the Parties hereto party hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.68.9 in the case of an arbitration, that it shall bring any action or proceeding Proceeding in respect of any claim Claim arising out of or related to this SuperMom’s Contribution Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court courts located in the State of New York, New York and solely in connection with Claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (ia) irrevocably submits to the exclusive jurisdiction of such courts, (iib) waives any objection to laying venue in any such action or proceeding in such courts, (iiic) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (ivd) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement8.6. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties heretoParties. Each of the Parties hereto Party hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this SuperMom’s Contribution Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.69.9 in the case of an arbitration, that it shall bring any action or proceeding Proceeding in respect of any claim Claim arising out of or related to this Refining Contribution Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court courts located in the State of New York, New York and solely in connection with Claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (ia) irrevocably submits to the exclusive jurisdiction of such courts, (iib) waives any objection to laying venue in any such action or proceeding in such courts, (iiic) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (ivd) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement9.6. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties heretoParties. Each of the Parties hereto Party hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Refining Contribution Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.611.10 in the case of an arbitration, that it shall bring any action or proceeding Proceeding in respect of any claim Claim arising out of or related to this Formation Agreement, the Related Agreements, the Financing or the Contemplated Transactions, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court courts located in the State of New York, New York and solely in connection with Claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement11.7. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties heretoParties. Each of the Parties hereto Party hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement Formation Agreement, the Related Agreements, the Financing and the Contemplated Transactions and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto agrees, subject to Section 5.610.9 in the case of an arbitration, that it shall bring any action or proceeding Proceeding in respect of any claim Claim arising out of or related to this Marketing Contribution Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court courts located in the State of New York, New York and solely in connection with Claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (ia) irrevocably submits to the exclusive jurisdiction of such courts, (iib) waives any objection to laying venue in any such action or proceeding in such courts, (iiic) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (ivd) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement10.6. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties heretoParties. Each of the Parties hereto Party hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Marketing Contribution Agreement and for any counterclaim therein.

Jurisdiction; Consent to Service of Process; Waiver. Each of the Parties hereto parties to this Agreement agrees, subject to Section 5.611.9, that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal Federal or state court in the State of New York and solely in connection with claims arising under such claims, if anyagreement or instrument or the transactions contained in or contemplated by such agreement or instrument, (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 5.2 of the Agreement12.3. The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of New York for any purpose except as provided herein and shall not be deemed to confer rights on any Person (as such term is defined in the SPA) other than the Parties heretoparties to this Agreement. Each of the Parties hereto parties to this Agreement hereby knowingly and intentionally, irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this Agreement and for any counterclaim therein.